An affidavit is a written statement of facts that a person swears or solemnly affirms before an authorized official. A statutory declaration is a formal written declaration made under applicable law. People may be asked for one by a court, government office, employer, school, financial institution, or another organization. The exact form and signing process depend on the document and the organization that will receive it.
Affidavit or statutory declaration: which one do you need?
An affidavit is a written statement that is sworn or affirmed before an authorized official. A statutory declaration is also a formal declaration of facts, made under the applicable law. They are related, but one is not automatically a substitute for the other. Use the document named in your instructions, and ask the organization that requested it if you are unsure whether an affidavit, statutory declaration, or another form is required.
When might someone ask for an affidavit?
Requirements vary, but people commonly search for help with affidavits for court filings, family or property matters, immigration applications, lost documents, name or status declarations, and other situations where an organization needs a formal statement. The requesting organization decides what wording, evidence, and type of official it will accept. A notary can explain the commissioning process, but cannot decide which legal document is right for your case.
What to prepare before an affidavit appointment
- The complete document: bring every page, schedule, and attachment. Check whether the form has instructions about blank fields or exhibits.
- Do not sign it in advance: in most cases, the authorized official must witness you sign and administer the oath or affirmation. Follow any specific instructions from the recipient.
- Acceptable identification: confirm in advance which current identification the official can accept.
- Supporting records: bring any exhibits or documents referred to in your statement, and ask whether originals are required.
- The recipient's instructions: bring the checklist, email, or form telling you how the affidavit must be completed and submitted.
- Everyone who must sign: confirm who needs to attend, and whether an interpreter or witness is required.
What happens when an affidavit is commissioned?
The authorized official checks your identity, confirms that you are taking the oath or making the affirmation voluntarily, and witnesses your signature as required. The official then completes the relevant certificate or jurat. Read your statement carefully before signing: you are responsible for the facts it contains.
Commissioning does not mean the official has independently investigated or confirmed that every statement is true. A notary or commissioner also does not replace a lawyer who can advise you about the legal effect of your statement or help you decide what to include.
Can an affidavit be commissioned online?
Remote commissioning may be available in Ontario when the authorized official can meet the applicable requirements. It is not suitable for every document or recipient. Before booking an online appointment, ask the organization receiving your affidavit whether it accepts a remotely commissioned document, electronic signatures, and electronic copies—or whether it needs an original paper document.
Questions people ask about affidavits
Can I write my own affidavit?
You may prepare your own statement, but a commissioner or notary does not provide legal advice about what it should say. If the document concerns a court case, significant rights, or a complex dispute, consider asking a lawyer to review it before you swear or affirm it.
Does notarization prove that my story is true?
No. The official verifies your identity and witnesses the required act. You remain responsible for the truth and accuracy of your statements.
What if the form says “commissioner of oaths” rather than “notary public”?
Do not assume the terms are interchangeable for your particular filing. Ask the receiving organization which officials it accepts, then book the appropriate appointment.
Will an affidavit notarized in Ontario be accepted in another country?
Not necessarily. A foreign authority may require additional authentication, an apostille, legalization, a translation, or a particular certificate. Confirm the full chain of requirements with the receiving authority before signing.
Next steps
For a practical appointment checklist, see what to expect when commissioning an affidavit. To arrange affidavit or statutory declaration notarization, review the service details or request an appointment. You can also read the affidavit FAQs.
This guide provides general information, not legal advice. Requirements depend on the document and the organization receiving it. Confirm instructions with that organization before your appointment. See the Ontario Commissioners for Taking Affidavits Act for the governing legislation.