Affidavits & Statutory Declarations
Your Questions Answered About Sworn Statements in Ontario
For a step-by-step overview, see our Ontario affidavit and statutory declaration guide.
What's the practical difference between an affidavit and a statutory declaration?
An affidavit is sworn or affirmed before an authorized person; a statutory declaration is declared to be true under the applicable process. They are not automatically interchangeable. Use the form and wording requested by the organization that will receive your document. If its instructions do not say which one is needed, ask before booking rather than choosing based on price or assumption.
Can I write my own affidavit content or must it be drafted by a lawyer?
The person or organization requesting the affidavit may provide a form or specific wording. A notary can administer the oath or declaration and witness the signing, but does not draft the statement or advise you what facts to include. If the affidavit relates to a court case, dispute, or important legal decision, ask a lawyer to prepare or review it before your appointment.
What does the notary actually verify in an affidavit—do they check if what I'm saying is true?
The notary does not investigate the facts in your statement. The appointment is to verify identity, administer the required oath or declaration, and witness the signing. You remain responsible for the accuracy of what you state. If you are unsure whether a statement is correct or appropriate, pause and get advice before signing.
How should an affidavit be formatted and structured for it to be legally valid?
There is no single layout that suits every affidavit. The receiving organization may supply a form or require particular wording, exhibits, or signing steps. Bring the complete, unsigned document and those instructions. If it is for a court or legal proceeding, confirm the required format with the court or your lawyer before the appointment; notarization does not correct a document that was prepared incorrectly.
What if I'm nervous about swearing an affidavit—am I allowed to hesitate or ask questions during the process?
Yes. Ask questions about the signing process before the oath or declaration is administered. The notary can explain the formal steps, but cannot advise you on the legal meaning or consequences of the statement. If you do not understand or agree with something in the document, do not sign; get clarification from the person who prepared it or independent legal advice.
How long does an affidavit remain valid after it's notarized?
There is no single expiry period that applies to every affidavit. The organization receiving it may set its own date limit, and the facts in the statement may change over time. Check the recipient's instructions before using an older document. If an updated statement is needed, bring the new complete version to a separate appointment.
Can someone else sign my affidavit on my behalf, or must I be present?
The person making the affidavit must take part in the required signing and oath or declaration; someone else cannot simply sign in their place. If you cannot sign in the usual way or cannot travel, contact us before booking to discuss what arrangements may be possible. Any accommodation must still meet the document's requirements and allow the notary to complete the required steps.
If an affidavit I submitted is later found to contain false information, what happens to me and the notary?
A notarization does not verify the truth of the affidavit's contents. Making a false sworn statement can have serious legal consequences, which depend on the circumstances. If you are concerned about an error or a statement you have already made, speak with a lawyer promptly. A notary can explain the appointment record but cannot advise you on your legal exposure.
Ready to Notarize Your Affidavit?
Bring the complete, unsigned document, valid photo ID, and any instructions from the organization requesting it. Contact us before booking if you are unsure which type of appointment you need.
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