Bill 12 replaces subparagraph 3(a)(ii) of the Commissioners for Taking Affidavits Act (chapter 127, R.S.2011) to broaden who may be eligible for appointment. The new text explicitly allows Canadian citizens, permanent residents as defined in subsection 2(1) of the federal Immigration and Refugee Protection Act (IRPA), and holders of federal work permits that authorize the person to work in New Brunswick to qualify.
That change is small in text but meaningful in practice. It recognizes non‑citizen workers with valid provincial work authorization as potential commissioners, which can increase local access to notarization and sworn services (especially in workplaces and smaller communities).
It also creates administrative and interpretive questions because the amendment relies on federal immigration categories and places a territorial condition—authorization to work in the Province—on work‑permit holders.
At a Glance
What It Does
The bill repeals and substitutes subparagraph 3(a)(ii) of the provincial Commissioners for Taking Affidavits Act to state that eligible persons include Canadian citizens, permanent residents as defined in IRPA s.2(1), or holders of an IRPA work permit authorizing work in the Province.
Who It Affects
Temporary foreign workers with valid work permits, permanent residents, provincial administrators who appoint commissioners, employers and organizations that rely on in‑house affidavit services, and courts or lawyers who receive sworn documents.
Why It Matters
By expanding eligibility, the province widens the pool of people who can be appointed as commissioners—potentially improving access to sworn services—while introducing verification and status‑monitoring questions because the provision depends on federal immigration status and a provincial work authorization condition.
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What This Bill Actually Does
The single amendment in this bill swaps out the current subparagraph 3(a)(ii) and replaces it with a short, targeted list of who may qualify for appointment as a commissioner for taking affidavits. Under the new wording a person qualifies if they are a Canadian citizen, a permanent resident as defined by the federal Immigration and Refugee Protection Act (subsection 2(1)), or a holder of a federal work permit that authorizes them to work in New Brunswick.
Mechanically, the bill does two things: it imports the federal statutory definition of “permanent resident” by reference, and it expressly creates a category for work permit holders—but only if their permit authorizes work in the Province. The text does not change any other eligibility criteria in the Act and does not create new classes of powers for commissioners; it only alters who may be eligible for appointment under the identified clause.Because the amendment ties eligibility to federal immigration instruments, appointment processes that previously checked only residency or citizenship will likely need to add a step to confirm a candidate’s immigration status or work authorization.
The Act does not prescribe how to verify that a work permit “authorizes the person to work in the Province,” nor does it set a monitoring regime for permit expiry or revocation, so the administrative practice for screening and ongoing eligibility will fall to the appointing authority.Practically, the result is likely to increase the pool of available commissioners—useful in employers’ offices, industrial sites, and communities with low numbers of citizens or permanent residents—while creating operational questions about verification, record‑keeping, and what happens if a commissioner’s immigration status changes after appointment.
The Five Things You Need to Know
The bill repeals and substitutes subparagraph 3(a)(ii) of the Commissioners for Taking Affidavits Act, chapter 127 of the Revised Statutes, 2011.
The new text makes eligible: (1) Canadian citizens; (2) permanent residents as defined in subsection 2(1) of the federal IRPA; and (3) holders of IRPA work permits that authorize work in New Brunswick.
The amendment explicitly cross‑references the federal IRPA definition of “permanent resident” rather than defining that term in provincial law.
Work‑permit eligibility is conditioned on the permit authorizing work in the Province, creating a geographic/authorization limitation rather than a blanket allowance for all temporary residents.
The bill contains no procedural rules for validating work permits, monitoring continued eligibility, or transitional provisions for currently appointed commissioners.
Section-by-Section Breakdown
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Repeal and substitution of subparagraph 3(a)(ii)
This is the operative provision: it removes the existing language at subparagraph 3(a)(ii) and replaces it with the three‑part eligibility test. The legal effect is narrowly targeted—the statute’s appointment eligibility is broadened by explicit inclusion of federally defined permanent residents and provincially‑authorized work‑permit holders. Because the bill amends only this subparagraph, other appointment qualifications and powers in the Act remain unchanged.
Use of federal definition for “permanent resident”
By importing the IRPA definition via explicit reference to subsection 2(1) of that federal Act, the province delegates the substance of who counts as a permanent resident to federal law. That means any change to IRPA’s definition will alter provincial eligibility automatically, and the courts will likely consult federal immigration law when disputes arise about a commissioner’s status.
Territorial condition on work permits and implementation gaps
The new wording requires that a work permit must specifically authorize the person to work in New Brunswick. The statute does not define how provincial authorities should verify that authorization, how long appointments last relative to permit expiry, or whether certain federal permits (open permits, employer‑specific permits, bridging permits) qualify. Implementation will therefore require administrative guidance or internal policy from the appointing office.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Temporary foreign workers whose federal work permits explicitly authorize work in New Brunswick — they become eligible to serve as commissioners and can perform sworn acts without having to be citizens or permanent residents.
- Employers and organizations in remote or industry‑specific settings — they can rely on a broader pool of on‑site staff to act as commissioners, reducing the need to send employees off‑site for affidavits.
- Residents in underserved communities — expanding the eligible pool can increase local access to sworn services where citizens or existing appointees are scarce.
- Permanent residents — the explicit reference to the IRPA definition removes ambiguity about their eligibility under provincial law.
Who Bears the Cost
- The provincial appointing authority (Clerk of the Executive Council or equivalent) — it must update intake forms, train staff on immigration‑status verification, and create policies for monitoring permit validity.
- Employers or organizations that appoint in‑house commissioners — they will assume responsibility for checking and tracking appointees’ ongoing authorization to work and may face operational or legal risk if an appointee’s status changes.
- Individual commissioners who hold temporary permits — they face the risk that permit expiry or revocation will affect their authority to act, creating potential disruption for documents they executed while appointed.
- Legal service providers and courts — they may need to adjudicate questions about the validity of affidavits signed by persons whose immigration status was unclear at appointment.
Key Issues
The Core Tension
The central dilemma is straightforward: the bill widens access to sworn services by recognizing non‑citizen workers with provincial work authorization, but doing so imports federal immigration complexity and creates verification, continuity, and potential legal‑risk problems that the short amendment does not resolve.
The amendment is concise but raises implementation and legal‑interpretation issues. First, relying on federal immigration categories shifts substantive determinations to IRPA and creates a moving target: if federal definitions or permit classes change, provincial eligibility will follow.
Second, the statute’s territorial condition—work permits must authorize work “in the Province”—is conceptually clear but practically fuzzy: some federal permits are employer‑specific, others are open; some provincial programs tie to employer or regional authorizations. The Act does not say which federal permit types qualify, nor does it set a verification procedure, so the appointing authority must decide how to confirm that a permit authorizes work specifically in New Brunswick.
A second tension concerns continuity of authority. Work permits are inherently time‑limited; the bill does not address what happens when an appointee’s permit expires or is revoked.
Without transitional or monitoring rules, there is a risk that affidavits executed by a person whose status later lapses could be contested. Finally, practical rollout will require data‑handling choices—how to collect and store immigration‑status evidence without contravening privacy rules—which could impose additional costs and procedural complexity on small employers and provincial offices.
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