Commissioner for Oaths in Saskatchewan: What You Need for Small Claims

You served the defendant with your small claims summons and now need to file proof of service with the court. The Affidavit of Service — Form E for personal service, Form F for registered mail — must be sworn or affirmed before a Commissioner for Oaths. If you have never done this before, it sounds more formal than it is.

What a Commissioner for Oaths Does

A Commissioner for Oaths is someone authorized by the province to administer oaths and affirmations on legal documents. When you "swear" an affidavit, the Commissioner watches you sign the document, confirms your identity, and administers the oath (or affirmation, if you prefer a non-religious version). They then sign and stamp the document as the witnessing commissioner.

The purpose is straightforward: the court needs assurance that the person who signed the affidavit is who they claim to be and that they are making the statements under the legal consequences of a false oath.

Where to Find One

Provincial Court registry staff. The simplest option for small claims litigants. Court clerks at the Provincial Court in Regina (1815 Smith Street), Saskatoon (220 19th Street East), and regional courthouses are authorized commissioners. They can witness your Affidavit of Service when you come to file it. There is typically no charge when the commissioning is connected to a court filing at that registry.

Law offices. Most lawyers and many legal assistants are Commissioners for Oaths. If you walk into a law office and ask to have a document commissioned, they will usually do it for a small fee — typically C$10 to C$25 per document. Some offices do it as a courtesy. Call ahead to confirm availability.

Banks and financial institutions. Many bank managers and certain staff at credit unions are appointed as Commissioners for Oaths. If you already bank there, this can be convenient, though not all branches offer the service.

Notaries Public. A Notary Public can do everything a Commissioner for Oaths can do, and more. Their fees are typically higher (C$25-$50+), and for a simple affidavit of service, a Commissioner for Oaths is sufficient.

Municipal offices. Some town and city offices have staff who are appointed commissioners, particularly in smaller centres where court registries are not open daily.

What to Bring

• The completed affidavit — filled in with all the facts but not yet signed. You must sign it in front of the Commissioner, not beforehand.
• Government-issued photo ID — a driver's licence or passport. The Commissioner needs to verify your identity.
• Supporting documents — for a Form F (registered mail service), bring the Canada Post delivery confirmation showing the recipient's signature. The Commissioner does not check these documents, but you should have them ready to file with the affidavit at the court registry.

The Process Takes Five Minutes

You hand the Commissioner the unsigned affidavit. They review it to confirm it is complete. They ask you to identify yourself (show your ID). They ask: "Do you swear (or affirm) that the contents of this affidavit are true?" You answer yes. You sign the affidavit in front of them. They sign, date, and stamp it. Done.

Swearing vs Affirming

An oath is a religious declaration ("I swear"). An affirmation is a secular declaration ("I solemnly affirm"). Both carry the same legal weight. If you prefer not to swear a religious oath, tell the Commissioner you wish to affirm — it is entirely routine and no one will question it.

Common Mistakes

Signing before you get there. An affidavit signed outside the Commissioner's presence is invalid. Leave the signature line blank until you are standing in front of them.

Incomplete information. If the affidavit has blank fields — missing dates, missing addresses, missing descriptions of how service was performed — the Commissioner may decline to witness it until it is complete. Fill in every field before your appointment.

Wrong form. Make sure you are using the correct Affidavit of Service form for your method of service: Form E for personal service, Form F for registered mail, Form H for email service (only where the court has authorized it), Form I for fax service.

Filing a properly sworn affidavit is what proves to the judge that the defendant was served. Without it, the court cannot grant default judgment or proceed to hearing. The Saskatchewan Small Claims Filing Guide includes a service tracker and an affidavit checklist to keep this step clean.

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