Affidavits in Canada

A court, lawyer or institution asked you for an affidavit? An affidavit is your written evidence, so it has to be done right. Here’s what an affidavit is, when you need one, what it should include, and how to swear or affirm it online in minutes.

What is an affidavit?

An affidavit is a written statement of facts that you swear or affirm to be true in front of an authorized official, such as a notary public or a commissioner for taking affidavits. It’s the written version of the evidence you would give out loud in a courtroom, which is why it’s used so often in legal matters.

The person making the affidavit is called the deponent. Most affidavits are written in the first person (“I, Jane Smith, make oath and say…”), with each fact in its own numbered paragraph.

Sworn or affirmed: what’s the difference?

You can choose to swear an oath, which is religious, or to affirm, which is not. Both have exactly the same legal effect. Just make sure the wording on your affidavit matches your choice: “sworn” if you swear, “affirmed” if you affirm.

Affidavit vs. statutory declaration

An affidavit is usually used as evidence in court and legal proceedings. A statutory declaration is usually used outside of court, for government, business and administrative purposes. Both carry legal weight. If you’re not sure which one you need, ask the court, lawyer or organization that requested it.

When you might need one

• Court cases, including family, civil and small claims matters
• Estate and probate matters
• Proving that documents were served on someone (an affidavit of service)
• Confirming facts for a bank, insurer, school or government office
• Any form that says it must be “sworn” or “affirmed” before a notary or commissioner

What to include

• Your full name, city and province of residence
• The facts, in numbered paragraphs, one fact per paragraph
• Facts you know personally. If something comes from someone else, say who told you and that you believe it to be true
• References to any documents you’re attaching as exhibits (Exhibit “A”, Exhibit “B” and so on)
• The jurat, the section at the end where you sign and the notary confirms that you swore or affirmed it

If a court or organization gave you its own affidavit form, use it. Leave it unsigned until your appointment, because you have to sign in front of the notary.

Attaching exhibits

Exhibits are documents you attach to support your affidavit, such as a contract, a letter or a photo. Each exhibit is labelled with a letter and mentioned in the affidavit, and the notary marks each one during your appointment. Upload your exhibits with your affidavit when you book, so everything is ready to go.

How to sign your affidavit online

With Notaring, you can do it from home in three steps:

1. Book a time that suits you and upload your affidavit, any exhibits and a valid photo ID.
2. Meet a notary on a secure two-way video call from your phone, tablet or computer, and swear or affirm your affidavit.
3. Sign electronically. The notary applies their digital seal and you download your signed affidavit right away.

Pricing starts at $20. Book your appointment and have your affidavit ready the same day.

Frequently asked questions

Affidavit or statutory declaration: which do I need?

Use an affidavit for court and legal proceedings, and a statutory declaration for most other purposes. When in doubt, ask whoever requested the document. They’ll tell you which one they accept.

Can I swear an affidavit for court online?

Yes, in most cases. Swearing or affirming by video is permitted, and the affidavit records where both you and the notary were at the time. Before you book, check with the court or your lawyer that they accept it.

Can I sign from anywhere in Canada?

In many cases, yes. We meet you by video wherever you are. If your affidavit is going to a court or office in another province, check with them first that they accept an affidavit sworn before a notary from another province.

What happens if a statement is false?

Knowingly making a false statement in an affidavit is perjury under the Criminal Code, which can carry a prison sentence of up to 14 years. Only include facts you know or truly believe to be true.

Can more than one person sign?

Yes. Each person swears or affirms their own affidavit, and you can all join the same secure video call from wherever you are, using the same link.

Sources: O. Reg. 431/20, Administering oath or declaration remotely; Criminal Code, sections 131 and 132.