Commissioner for Oaths NWT

Why You Need a Commissioner for Oaths

Several documents in a Territorial Court civil claim must be sworn or affirmed before a Commissioner for Oaths or Notary Public. The most common is Form 3 (Affidavit of Service), which proves you delivered your Statement of Claim to the defendant. If you file Form 3 without having it properly sworn, the registry will reject it — and without valid proof of service, you cannot move your case forward.

Other documents that may need to be sworn include Form 15 (Affidavit of Non-Compliance with a mediation agreement) and Form 36 (Affidavit supporting a Garnishee Summons).

Where to Find a Commissioner for Oaths in the NWT

In Yellowknife, Hay River, and Inuvik:

• Law offices — call ahead to confirm that a Commissioner for Oaths or Notary Public is available, will swear documents for non-clients, and whether there is a fee.
• The Territorial Court registry — registry staff may be able to direct you to a Commissioner for Oaths, though they cannot provide legal advice.
• Legal Aid Outreach Clinic — call the clinic at 1-844-835-8050 to ask whether it can direct you to an available Commissioner for Oaths. The clinic offers up to one hour of free legal advice to NWT residents.
• Notary Public offices — Notaries Public can also commission oaths.

In smaller and remote communities:

• RCMP detachments — officers in NWT RCMP detachments are often Commissioners for Oaths and can swear your affidavit.
• Band offices and municipal offices — some band council staff and municipal administrators hold commissions. Phone ahead.
• Community justice committees — in communities with active justice committees, members may be commissioned.
• Visiting Legal Aid court workers — when the Legal Aid Outreach program sends workers to circuit communities, they can commission documents. Timing depends on the circuit schedule.

What to Bring

When you visit a Commissioner for Oaths to swear your affidavit:

• Bring government-issued photo ID (driver's licence, passport, or territorial ID card).
• Bring two copies of the affidavit — one to be sworn and one for your records.
• Bring the exhibits referenced in the affidavit (for Form 3, that means a copy of the stamped Form 1 and the blank Form 2 you served).
• Do not sign the affidavit beforehand. You sign it in front of the Commissioner. If you have already signed it, you will need to prepare a new copy.

The Process

The Commissioner will ask you to identify yourself, confirm that you understand the contents of the affidavit, and either swear (on a religious text) or affirm (a secular alternative with the same legal force) that the contents are true. You then sign the affidavit in the Commissioner's presence, and they sign and stamp or seal it.

The whole process takes about five minutes when the document is ready.

For a full guide to every sworn document you may need during an NWT small claims case, see the NWT Small Claims Filing Guide.

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