Statutory Declaration vs Affidavit in Ontario
Both documents are written statements of fact that you swear or declare to be true. The difference is mostly where they are used, who can take them and how they are worded. Using the wrong one can mean doing the job twice.
- An affidavit is a written statement sworn or affirmed to be true, usually for use in a court or tribunal proceeding.
- A statutory declaration is a solemn declaration, made under a federal statute, often for use outside a proceeding.
- Both must be signed in front of an authorized person, such as a commissioner for taking affidavits or a notary.
- Lying in either can lead to serious consequences, including criminal charges.
Affidavits
An affidavit is a statement of facts that you swear or affirm to be true. It is typically used as evidence in court or before a tribunal, for example in a motion or a hearing. It is divided into numbered paragraphs, signed by you, and followed by the commissioner's jurat, which says when, where and before whom it was sworn. Exhibits, such as documents, are attached and marked.
Statutory declarations
A statutory declaration is a written statement that you declare to be true, under a federal law, the Canada Evidence Act. It is used for things such as proving a name change, confirming a relationship, declaring that a document was lost or confirming facts for an agency or a company. It does not require an oath, but it carries serious consequences if it is false.
Who can take them
- In Ontario, licensed lawyers and licensed paralegals are commissioners for taking affidavits, and so can take most affidavits and statutory declarations.
- Notaries public, and certain other people named in the law, can also do so.
- For use outside Canada, you may need a notary, and perhaps an apostille. Ask the recipient what they accept.
How to get it done
- Find out exactly which document is required and who it will go to.
- Prepare the statement in clear, numbered paragraphs, using only facts you know first-hand.
- Bring photo ID, the unsigned document and all exhibits.
- Read it over in front of the commissioner, sign it there, and let them complete the jurat and sign it.
- Keep a copy of what you signed and send the original to the receiving party.
Common mistakes
- Signing in advance. You must sign in front of the commissioner.
- Putting in opinions or things you only heard from others, without saying so.
- Forgetting to attach and mark the exhibits you mention.
- Making a statement you are not sure about. Say only what you know to be true.
Common questions
Do I swear on a religious book?
You can swear an oath, or you can make a solemn affirmation instead. You can choose which suits your beliefs.
Can I do it online?
Remote commissioning is possible in many circumstances. Ask the recipient whether it accepts it.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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