LIMITATIONS TO AUTHORITY
Scope of “in and for the Yukon”
If the oath, affidavit, affirmation, or statutory declaration is to be used in a jurisdiction other than Yukon, the authority to administer, swear, affirm, or make it depends on the law in the receiving jurisdiction. Yukon notaries public who are not certain about the laws in a receiving jurisdiction should decline to act, or advise of lim
ited authority before notarizing. Certifications of documents
The Yukon Notaries Act does not specifically provide notaries public with the authority to certify true copies of documents in the sense of simply using a stamp that reads “Certified True Copy”. The Act does, however, provide notaries public with the authority to give notarial certificates of their acts, as well as to administer statutory declarations that may speak to the trueness of a copy of a document. Criminal Code of Canada section 138
The requirement that the deponent/declarant be physically present before the notary public (or other officer with like authority) when the oath/affirmation/declaration is administered applies in all circumstances. Oaths/affirmations/declarations can never be administered by phone, video, Skype, etc. CIRCUMSTANCES IN WHICH CAPACITY MAY BE IN QUESTION
A notary should decline to act if she or he has any reason to believe that the deponent/declarant:
Does not understand the contents of the affidavit/declaration; and/or
Does not understand the significance of an oath/affirmation; and/or
Is not acting of her or his own freewill.
