Affidavits and statutory declarations are commons worn (or declared) documents used in Ontario courts, tribunals, and administrative processes. Both are written statements of fact that are signed in front of an authorized official such as a Commissioner of Oaths or Notary Public. The key difference is the context and formality: an affidavitis most often used as evidence in a legal proceeding (for example, court motion materials or an affidavit of service), while a statutory declaration is commonly used for non-court matters where an institution requires a formal declaration of facts (for example, confirming identity, marital status, residency, or the loss of a document).
Although these documents are sometimes treated as “routine paperwork,”they carry legal significance. By swearing (or affirming) an affidavit, or declaring a statutory declaration to be true, the signer is formally stating that the facts are accurate to the best of their knowledge. Institutions rely on this formality when making decisions. For that reason, signers should read carefully and ensure the statement is accurate before signing. If a person knowingly provides false information in a sworn or declared document, there can be serious consequences depending on the context in which it is used.
The commissioner or notary’s role is limited. They verify identity, administer the oath/affirmation or receive the declaration, and witness the person signing. They do not investigate the facts, confirm that the contents are true, or guarantee that a document will be accepted by a particular organization. They also do not typically draft the contents for the signer as part of the commissioning function. At a standard appointment, the signer should expect to show valid identification, confirm they understand the document, and sign in front of the commissioner/notary. Documents should generally not be pre-signed before the appointment, because the commissioner/notary must witness the signature.
In Ontario, affidavits and statutory declarations can be commissioned in person and may also be commissioned remotely in certain circumstances. Remote commissioning generally requires real-time audio-visual communication (so the parties can see and hear each other), identity verification, and a modified jurat/declaration indicating that the oath or declaration was administered remotely and noting the location of both the commissioner/notary and the signer at the time. Commissioners are also expected to keep a record of the remote commissioning transaction. Even where remote commissioning is permitted, not all receiving institutions will accept remotely commissioned documents, so it is important to confirm acceptance requirements in advance. For Brampton residents, understanding these practical requirements helps ensure sworn documents are properly executed and accepted without unnecessary delay.
Understanding the difference between Affidavits and Statutory Declarations in Ontario can save you time and prevent costly errors in your legal documents. An affidavit is a sworn written statement used as evidence in court proceedings, while a statutory declaration is a formal declaration made under the Canada Evidence Act for non-court purposes. At EverTrust Law in Brampton, our commissioners of oaths and notaries public can help you prepare, review, and commission both types of documents. Contact us at 905-215-2900 for prompt assistance.