Paralegals vs. Commissioners for taking Affidavits

Paralegals assist lawyers in drafting documents, providing substantive law and research assistance and assemble documents and witnesses for court trials. [1]  While paralegals are educated in certain procedural and substantive law areas, and play an important role in assisting lawyers in their course of business, paralegals are not regulated in British Columbia. Unlike paralegals in Ontario who are licensed by the Law Society of Upper Canada, paralegals in BC are not required to register with any regulatory body and thus, cannot act independently from a supervising lawyer. [2]

The Law Society of British Columbia allows each lawyer to designate up to two paralegals as “designated paralegal”, on a trial basis until 2015. [3] These “designated paralegals” can make limited appearance in courtroom if the supervising lawyer files an affidavit to support the paralegal to appear on his/her behalf. They may also give legal advice to clients, again, subject to the supervising lawyer’s approval. [4]

A Commissioner of taking affidavits (known as Commissioner of oaths in other jurisdictions) is empowered by law to administer oaths. Judges, lawyers, notaries public automatically become Commissioners for taking affidavits for British Columbia when they assume office. [5]  Other officials such as police officers are also commissioner for taking affidavits, but they are only allowed to use that status for official police purposes. As such, you cannot ask a police officer to witness your documents. [6] Similarly, you cannot take a document to the court registry or courthouse for swearing, if the document is not for a matter before the courts. [7] Certain individuals, who for employment or volunteer-related business, requires them to administer oath or witness signatures can apply to the Ministry of Justice to be appointed as a Commissioner for taking affidavits. However, these appointments are limited in duration, scope and their activities are restricted only to the work or volunteer organization’s needs. [8]

Neither a paralegal nor commissioner can undertake notarial acts. They cannot sign documents for use outside of the province, nor can they provide certified true copies or other restricted legal work by notaries or lawyers.

	Lawyers	Notaries Public	Paralegals
Legislated Scope of Practice	Legal Profession Act, SBC 1998, c9	Notaries Act, RSBC 1996, c334	Not Applicable [9]
Education	Law Degree (JD or LLB)	Graduate Degree since 2008 (Master of Arts)	A college certificate, diploma or degree[10]
Admitted by	Supreme Court of BC	Supreme Court of BC	Not Applicable
Regulated	√	√	X
Independent Practice	√	√	X
Liability Insurance	√	√	X (Liability rests with lawyer)
Court Appearance	√	X	√ (limited - designated paralegals only)
Notarial Acts	√	√	X
Impersonation	Offence under LPA, subject to fines/imprisonment [11]	Offence under NA, subject to fines [12]	Not Applicable

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[1] 4211 Paralegal and related occupations. (2014, July 14). Quick Search. Retrieved July 14, 2014, from http://www5.hrsdc.gc.ca/noc/english/noc/2011/quicksearch.aspx?val65=4211

[2] Chapter 12, Professional Conduct Handbook (Law Society of British Columbia)

[3] Law Society Rules (Rule 2-9.2)

[4] Paralegals. (n.d.). Paralegals. Retrieved July 14, 2014, from http://www.lawsociety.bc.ca/page.cfm?cid=2582

[5] S.60 Evidence Act, RSBC 1996, c124

[6] Commissioner for Taking Oaths and Affidavits. (2009, May 11).  Retrieved July 14, 2014, from http://www.transitpolice.bc.ca/~/media/transit%20police/operational%20policies/ob340%20%20commissioner%20for%20taking%20oaths%20and%20affidavits%20tp090511.ashx

[7] Commissioners for Taking Affidavits. (2012, November 15). . Retrieved July 14, 2014, from http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=4951c8ec-fe53-607b-975f-ff0000fad974

[8] Applying for an Appointment as a Commissioner for Taking Affidavits. (n.d.). Applying as a Commissioner for Taking Affidavits. Retrieved July 14, 2014, from http://www.ag.gov.bc.ca/commissioners/applying.htm

[9] Paralegals. (2012, December 12).  Retrieved July 14, 2014, from http://www.welcomebc.ca/welcome_bc/media/Media-Gallery/docs/occupationalguides/paralegal.pdf

[10] Education & Scholarship. (n.d.). BCPA. Retrieved July 14, 2014, from http://www.bcparalegalassociation.com/education.html

[11] S.15(4) Legal Profession Act, SBC 1998, c9

[12] S.48(2) Notaries Act, RSBC 1996, c334