This document, prepared by the Legislative Counsel Office, is an office
consolidation of this Act, current to November 1, 2003. It is intended for
information and reference purposes only.
This document is not the official version of the Act. The Act and the
amendments as printed under the authority of the Queen’s Printer for the
province should be consulted to determine the authoritative statement of the
For more information concerning the history of this Act, please see the
Table of Public Acts.
If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office
Tel: (902) 368-4291
1. In this Act “court” means any court, person or tribunal in the province,
having by law or by consent of parties authority to receive affidavits or
affirmations. R.S.P.E.I. 1974, Cap. A-2, s.1.
Court, definition of
2. (1) The Prothonotary of
the Supreme Court may appoint
commissioners for taking affidavits for Prince Edward Island.
(2) An appointment under subsection (1) may be made for a period and
subject to such restrictions, exceptions, territorial limits or other terms as
may be specified in the order.
(3) Before acting as a commissioner a person appointed under
subsection (1) shall be sworn before the Prothonotary to the due and
faithful discharge of his duty as a commissioner.
Oath of office
(4) Subject to subsection (2), a commissioner is empowered to
administer, take and receive affidavits in or concerning any action, cause
or matter in a court.
(5) The following are commissioners by virtue of their office:
(a) judges of the Supreme Court;
(b) provincial court judges;
(c) the Prothonotary and registrars of any section of the Supreme
(d) the Registrar of Deeds;
(e) members in good standing of the Law Society of Prince Edward
(f) members of the Legislative Assembly. R.S.P.E.I. 1974, Cap. A-2,