NWT Commissioner for Oaths and Power of Attorney: What You Need to Know

Why You Need a Commissioner for Your POA

A power of attorney in the Northwest Territories doesn't become fully valid just because the donor and witness signed it. The witness must also swear an Affidavit of Execution — a formal statement confirming they watched the donor sign and that the signing followed all legal requirements. That affidavit must be sworn before a Commissioner for Oaths or a Notary Public.

Skip this step, and the POA will be rejected by banks, the Land Titles Office, and any institution that needs to verify its authenticity. It's one of the most common reasons self-prepared POAs fail in the NWT.

Commissioner for Oaths vs. Notary Public

Both can commission the affidavit your POA needs, but they're different roles with different qualifications:

Commissioner for Oaths — authorized to administer oaths and affirmations, and to take statutory declarations and affidavits. In the NWT, this requires completing an application with Corporate Registries, passing a mandatory exam, and paying a $150 application fee. Appointments last three years.

Notary Public — carries all the powers of a Commissioner plus additional authority: certifying true copies of documents, administering oaths for out-of-territory use, and performing other notarial acts. The application fee is $200, and the exam is more comprehensive. Also a three-year appointment. Active NWT lawyers in good standing are exempt from the exam.

For a standard POA affidavit, either one works. The Commissioner for Oaths is typically easier to find and cheaper to use.

Where to Find a Commissioner in the NWT

In Yellowknife, finding a Commissioner or Notary is straightforward — law offices, banks, and many businesses have staff with active appointments.

Outside Yellowknife, the options narrow considerably. Here's where to look:

Government Service Officers (GSOs)

This is the most important option for remote communities. GSOs at Single Window Service Centres across the NWT can perform commissioning services for free. These officers are the territorial government's frontline staff in communities that lack other professional services.

GSOs are stationed in communities including Inuvik, Hay River, Fort Smith, Norman Wells, Fort Simpson, and many smaller settlements. They're trained to help with exactly this kind of administrative process, and many conduct home visits for elders who can't travel to the service centre.

Law Offices

Yellowknife firms like Dragon Toner Law Office can commission affidavits as part of their estate planning services. If you're using a lawyer to draft the POA, commissioning typically happens at the same appointment. Outside Yellowknife, legal services are available through fly-in clinics that visit regional centres periodically.

RCMP Detachments

In some remote communities, RCMP officers may hold Commissioner for Oaths appointments. This varies by detachment — call ahead to confirm.

Band Council Offices

Some Indigenous band council staff hold Commissioner for Oaths appointments. In communities where the band office is the primary administrative presence, this can be the most accessible option.

Commissioning by Video

The NWT permits virtual commissioning — the witness can swear the Affidavit of Execution before a Commissioner for Oaths or Notary Public by videoconference. This is particularly valuable when the witness is in a remote community and the nearest Commissioner is in Yellowknife.

The process requires a live, two-way audiovisual connection (not audio-only). The Commissioner watches the witness sign the affidavit on camera, verifies their identity, and administers the oath remotely. The full remote witnessing process has specific requirements worth reviewing.

An important distinction: the POA signing itself still requires physical presence between the donor and witness. Virtual commissioning only applies to the affidavit step.

Costs

• GSOs: Free
• Private Commissioner for Oaths: Typically $20–$50 per document
• Private Notary Public: Similar range, though fees can be higher for complex documents
• Law firms: Usually included in their service fee if they're preparing the POA

Watch Out for Expired Appointments

Commissioner for Oaths and Notary Public appointments in the NWT expire after three years. Any document commissioned after the appointment date has passed is legally void — which means your POA's affidavit is worthless, and banks will reject the entire document.

The NWT does not send renewal reminders. It's on the Commissioner to track their own expiry date and renew before it lapses. Before scheduling a commissioning session, ask the Commissioner to confirm their appointment is current.

If you've already had an affidavit commissioned and later discover the Commissioner's appointment was expired, you'll need to have the witness swear a new affidavit before a current Commissioner. The underlying POA doesn't need to be re-signed — only the affidavit is affected.

The Difference Between Commissioning and Notarizing

People often ask whether their POA needs to be "notarized." In the NWT, the answer is no — the Powers of Attorney Act requires an Affidavit of Execution, which can be sworn before either a Commissioner for Oaths or a Notary Public. The document itself doesn't need a notarial seal.

However, if the POA will be used outside the NWT — for managing property in another province or presenting to out-of-territory financial institutions — a Notary Public's certification may carry more weight. Some institutions in Alberta or British Columbia are more comfortable with notarized documents than those simply commissioned before a Commissioner for Oaths.

Getting It Right the First Time

The commissioning step is where many self-prepared POAs go wrong — not because the requirement is complicated, but because families don't realize it exists until after they've signed everything and tried to present the document to a bank.

Our Northwest Territories Power of Attorney Kit includes the Affidavit of Execution template, step-by-step commissioning instructions, and guidance for locating Commissioners and GSOs across the territory.

See more Northwest Territories guides →