An Act respecting Commissions, and Oaths of Allegiance and of Office

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31 Victoria, c. 36 (Canada)

An Act respecting Commissions, and Oaths of Allegiance and of Office.

[Assented to 22nd May, 1868.]

Preamble.

 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

 

COMMISSIONS.

Proclamation sustituted for renewal of commissions on demise of the crown.

1. Upon the demise of the Crown, it shall not be necessary to renew any commission by virtue whereof any Officer of Canada or any Functionary in Canada held his office or profession during the previous Reign; but a Proclamation shall be issued by the Governor, authorizing all persons in office as Officers of Canada who held commissions under the late Sovereign, and all Functionaries who exercised any profession by virtue of any such Commissions to continue in the due exercise of their respective duties, functions and professions; and such Proclamation shall suffice,

Oath of Allegiance to be taken.

and the incumbents shall, as soon thereafter as may be, take the usual and customary oath of Allegiance, as hereinafter provided, before the proper officer or officers thereunto appointed:

Effect of such Proclaimation.

 (2) And such Proclamation being issued, and oath taken, each and every such Officer of Canada and Functionary shall continue in the lawful exercise of the duties and functions of his office or profession, as fully as if up minted de novo by commission derived from the Sovereign for the time being; and all acts and things bonâ fide done and performed by such incumbents in their respective offices, and in the due and faithful performance of their duties, functions and professions, between the time of such demise and the Proclamation so to be issued (such Oath of Allegiance being always duly taken), shall be deemed to be legally done, an valid accordingly.

Rights of the Crown saved.

2. Nothing in the preceding section shall prejudice or in anywise affect the rights or prerogative of the Crown, with respect to any office or appointment derived or held by authority from it, nor prejudice or affect the rights or prerogatives thereof in any other respect whatsoever.

 

OATH OF ALLEGIANCE AND OF OFFICE.

Form of oath prescribed.

3. The following form and no other, shall be that of the Oath of Allegiance to be administered to and taken by every person in Canada who, either of his own accord or in compliance with any lawful requirement made on him, or in obedience to the directions of this Act or of any other Act or law in force in Canada, save and except the “British North America Act, 1867,” desires to take an Oath of Allegiance, that is to say:

The form.

 “I, A. B., do sincerely promise and swear that I will be “faithful and bear true Allegiance to Her Majesty Queen Victoria (or reigning Sovereign for the time being), as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Dominion of Canada, dependent on and belonging to the said Kingdom, and that I will defend Her to the utmost of my power against all traitorous conspiracies or attempts whatever, which shall be made against Her Person, Crown and Dignity, and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her Heirs or Successors, all treasons or traitorous conspiracies and attempts which l shall know to be against Her or any of them; and all this I do swear without any equivocation, mental evasion or secret reservation. So help me God.”

Who may administer it.

 And all Magistrates and other Officers lawfully authorized, either by virtue of their office or special commission from the Crown for that purpose, may administer the oath of Allegiance under this Act in any part of Canada;

No other declaration or subscription necessary.

and it shall not be necessary for any person appointed to any civil office in Canada, or for any Mayor or other officer or member of any corporation therein, or for any person admitted, called or received as a Banister, Advocate, Notary Public, Attorney, Solicitor or Proctor, to make any declaration or subscription, or to take or subscribe any other oath than the oath aforesaid,

Oath of office to be taken.

and also such oath for the faithful performance of the duties of his office, or for the due exercise of his profession or calling as is required by any law in that behalf.

Within what time the oaths must be taken.

4. The Oath of Allegiance hereinbefore set forth, together with the Oath of Office or oath for the due exercise of any profession or calling, shall be taken within the period and in the manner, and subject to the disabilities and penalties for the omission thereof, by law provided with respect to such Oaths,in all such cases respectively.

 

AFFIRMATION OF ALLEGIANCE.

Affirmation of Allegiance may be substituted for oath.

5. All persons allowed by law to affirm instead of swearing in civil cases in any part of Canada shall be received to take an affirmation of allegiance in the like terms, mutatis mutandis, the said oath of allegiance; and such affirmation of allegiance, taken before the proper officer, shall in all cases be accepted from such persons in lieu of such oath, and shall as to such affirmants have the like effect as the said oath of allegiance; all Magistrates and other officers lawfully authorized either by virtue of their office or by special Commission from the Crown for that purpose may administer the affirmation of allegiance in any part of Canada.

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