(1) If the person making an affidavit is illiterate, blind, or physically
incapable of signing it, the person before whom the affidavit is made must
certify in or below the jurat that:
- (a)
- the affidavit was read to the person
making it; and
- (b)
- the person seemed to understand the affidavit; and
- (c)
- in the case of a person physically incapable of signing, the person
indicated that the contents were true.
(2) If the person making an affidavit does not have an adequate command of
English:
- (a)
- a translation of the affidavit and oath or affirmation must be
read or given in writing to the person in a language that the person
understands; and
- (b)
- the translator must certify in or below the jurat that he or she has done
so.
(3) If an affidavit is made by a person who is incapable of reading it or
incapable of signing it and a certificate under subrule (1) or (2) does not
appear on the affidavit, it may not be used in a proceeding unless the Court
or a Registrar is satisfied that:
- (a)
- the affidavit was read, or if
appropriate a translation read or given in writing, to the person; and
- (b)
- the person seemed to understand the affidavit; and
- (c)
- in the case of a person physically incapable of signing the person
indicated that the contents were true.