Affidavit of Service in Canada: Which Form Each Court Uses and How to Fill It In

Last updated: October 10, 2026

Affidavit of Service in Canada: Which Form Each Court Uses and How to Fill It In

Quick answer: An affidavit of service is the sworn statement of the person who served court documents: who they served, with what, when, where and how. Every court prescribes its own form. In Ontario, Small Claims Court uses Form 8A, civil cases in the Superior Court, Divisional Court and Court of Appeal use Form 16B, and family cases use Form 6B. The Federal Court uses Form 146A, and Alberta builds it on its generic affidavit (Form 49). Lawyers can often sign a certificate instead, and some tribunals ask only for a signed certificate. For Ontario courts, it can be sworn online with an Ontario notary for a flat $24.95 per stamp plus HST.

Serving documents is only half the job. The court also needs proof that the other side received them, and in most courts that proof is a sworn affidavit of service. The hard part is usually not the swearing; it is knowing which form your court uses and what to write in it.

This guide lists the form for each court and tribunal, walks through filling one in, explains who swears it and who can commission it, and shows how to swear it online with an Ontario notary.

Key Takeaways

What an Affidavit of Service Is

An affidavit of service is a sworn (or affirmed) statement made by the person who served court documents. It sets out the facts of service: the person served, the documents served, the date and often the time, the place or address, and the method. It is filed with the court so the judge, master or clerk can rely on it instead of hearing from the server in person.

There are usually three ways to prove service, and the affidavit is only one of them:

• An affidavit of service, sworn before a commissioner — the default in most courts.
• A certificate of service, signed but not sworn, available in many courts to lawyers (and in some Ontario courts, paralegals) who served or caused service.
• A written acceptance or acknowledgment by the person served or their lawyer.

Which one you can use, and which form it must be on, is set by the court's own rules.

Which Affidavit of Service Form Each Court Uses

Ontario courts

A few points behind the table. The Rules of Civil Procedure apply to the Court of Appeal and the Superior Court of Justice but not to Small Claims Court or to cases under the Family Law Rules (rule 1.02(1)). The Divisional Court is a branch of the Superior Court, so it follows them. The Family Law Rules apply in all three courts that hear family cases, including the Ontario Court of Justice (rule 1(2)). And estates have their own form for the certificate of appointment application, "despite rule 16.09" (rule 74.04(1)).

Download the official forms from Ontario Court Forms:

• Small Claims Court: Form 8A (PDF) · Form 8A (Word) · Form 8B (PDF) — all Small Claims Court forms
• Civil: Form 16B (Word) · Form 16B.1 (Word) — all Rules of Civil Procedure forms
• Estates: Form 74B (Word) · Form 74B.1 (Word) — estates forms
• Family: Form 6B (PDF) · Form 6B (Word) · Form 6C (PDF) — all Family Law Rules forms

Ontario publishes Forms 16B, 16B.1, 74B and 74B.1 in Word only. Forms are revised from time to time; the forms pages always carry the current version.

For step-by-step help with each Ontario form, see our guides to Form 16B, Form 8A and Form 6B.

Ontario tribunals

Tribunals do not all work the same way, and several do not want a sworn affidavit at all:

If your tribunal only asks for a signed certificate or statement, you do not need a notary for it. Read the tribunal's form before booking an appointment.

Download: LTB Certificate of Service (PDF) — LTB forms · HRTO Form 23, Statement of Delivery (PDF) — HRTO forms · ARB Affidavit of Service (PDF) — ARB filing page

Federal courts

The Federal Courts Rules apply to both federal courts (rule 1(1)). Form 146A asks for the deponent's occupation as well as their name and city, and, for electronic service, a confirmation that the party served acknowledged receipt. In the Tax Court, counsel's written admission or acceptance of service is enough on its own (rule 41(3)).

Download: Form 146A (RTF) · Form 146B (RTF) — Federal Court forms (the court publishes them as RTF files, which open in Word) · Tax Court Form 19, Affidavit (PDF) — Tax Court forms

Alberta

Alberta's Rules of Court have no numbered affidavit of service form. Proof of service is an affidavit stating that the person was served, the method, and the date and place (rule 11.30), drafted on the generic affidavit, Form 49. Each court publishes its own template: the Court of King's Bench a "Generic Affidavit of Service", the Court of Appeal an "Affidavit of Service" headed Form 49, and the Court of Justice separate forms for commencement and other documents. Our Alberta affidavit of service guide covers them, including what applies when you swear it outside Alberta.

Download: King's Bench Generic Affidavit of Service (Word) — King's Bench civil forms · Court of Appeal Affidavit of Service (Word) — Court of Appeal filing page. The Court of Justice and family forms are listed court by court in the Alberta guide.

British Columbia

Download: Form 15 (PDF) · Form 16 (PDF) — Supreme Court civil forms · Form F15 (PDF) · Form F16 (PDF) — Supreme Court family forms · Form 7 (PDF) · Form 48 (PDF) · Form 49 (PDF) — Provincial Court family forms

Saskatchewan

Saskatchewan's Court of King's Bench uses Form 12-15, Affidavit of Service (The King's Bench Rules, rule 12-15). The affidavit must state the mode of service; the date, time and place; who served; and who was served. An original or true copy of the document served is attached as an exhibit unless it is already on the court file, and so is any post office delivery confirmation, fax confirmation or electronic acknowledgment you rely on. If you served somewhere other than the person's address for service, say how you know their current address. No affidavit is needed when service is proved by an acknowledgment of service or by a sheriff's certificate of service (Form 12-14).

Family proceedings use Form 15-8A (personal service) or Form 15-8B (service by an alternative mode), and the document that starts a family proceeding must be served by someone other than the petitioner or respondent (rule 15-7(3)).

Download: Form 12-15 (PDF) · Form 12-15 (Word) · Form 15-8A (PDF) · Form 15-8B (PDF) — King's Bench rules and forms

Nova Scotia

Nova Scotia's Civil Procedure Rules require an affidavit of service that proves all material facts of personal service (rule 31.05). It is entitled "Affidavit of Service" and must include the name of the person swearing it and the community where they live; a statement that they personally delivered a certified copy of the notice; that certified copy, attached and marked as an exhibit; the hour, date and place of delivery; the name of the person served; and how the server identified them. The affidavit may be in Form 31.05, whose jurat is generic ("Official capacity") rather than written for a Nova Scotia commissioner.

Download: Form 31.05 (Word) · official consolidated forms (PDF, Form 31.05 on page 120) — Civil Procedure Rules forms. The court notes that its web versions are unofficial and that the consolidated forms are the official versions.

Other provinces

Each province and territory sets its own forms. Manitoba's Court of King's Bench, for example, also prescribes a Form 16B, Affidavit of Service, under its own rules — the same number as Ontario's, but a different form (Word · PDF — Manitoba Form 16B page). Always download the form from the court that will receive it.

How to Fill In an Affidavit of Service

The wording differs from court to court, but almost every affidavit of service asks for the same building blocks:

1. The heading. The court, the court file number and the names of the parties, copied exactly from the documents you served.
2. Who you are. Your full name and the city or town where you live. The federal Form 146A also asks for your occupation.
3. What you served. Name each document, as titled.
4. On whom. The person served, and their role (party, lawyer, corporation's officer).
5. When and where. The date, usually the time, and the address or email address used.
6. How. The method: personally, by leaving it with an adult at the residence and mailing a copy, by mail, courier, email, or as a court order directed. Most forms give a separate paragraph for each method; keep the one that applies and strike out the rest, as the form instructs.
7. How you knew who they were (personal service). Ontario's Form 16B and the federal Form 146A both ask how you identified the person.
8. The attachments your method calls for, as exhibits. Examples from the official forms: the Canada Post delivery confirmation for a claim served by registered mail (Small Claims Form 8A); the returned acknowledgment postcard, the courier receipt, the fax confirmation or a copy of the email the documents were attached to (Family Form 6B).
9. Any extra statements your court requires. Ontario's Form 6B asks for your relationship to the parties and confirmation that you are at least 18. In Alberta, proof of service of a divorce claim must include a picture of the person served (rule 12.57).
10. The jurat, left blank. You sign only in front of the commissioner, who completes the jurat.

An example

Here is how the core paragraph of an Ontario Form 16B might read for personal service. The names and details are invented:

On March 4, 2026, at 6:15 p.m., I served Jordan Avery with the statement of claim by leaving a copy with him at 41 Birch Crescent, Kingston, Ontario. I was able to identify the person by means of his Ontario driver's licence, which he showed me at the door.

Short, specific and first-hand: that is what a court looks for. Use your own form's wording and your own facts.

If You Could Not Serve: Attempted Service and Substituted Service

An affidavit of service proves service that happened. When you tried and could not serve, the usual next step is to ask the court for an order: substituted service (another method the court chooses), an order validating the service you did manage, or an order that service is not required. Each attempt is set out in the sworn affidavit that supports the request.

Is there an "affidavit of attempted service" form? Alberta has one: Form CTS10950, used in family matters in both the Court of King's Bench and the Court of Justice. It lists each attempt (date, place and method) and supports an application to validate service, allow substitutional service or dispense with service. Ontario has no form by that name; none of its court form lists includes one, so the attempts go in the motion affidavit above. Saskatchewan's Form 12-15 has an optional paragraph for an unsuccessful attempt made before the documents were left at the address for service.

What to write. List every attempt: the date and time, the address or place, the method, and what happened, such as no answer, a refusal, or a neighbour saying the person had moved. Add what you did to find the person, such as checking a last known home or work address, and why the method you propose would bring the documents to their attention. Ontario's family rules ask for "detailed evidence" of both.

A notary commissions this affidavit like any other. Whether your attempts are enough, and which order to ask for, is a question for a lawyer or paralegal.

Who Swears It, and Who Can Commission It

The person who served swears it. That can be a process server, a friend or co-worker, a law clerk, or the party where the rules allow. Ontario's Small Claims instructions say it plainly: you can serve the documents yourself, have a friend or co-worker do it, or hire a process server. Family cases add two limits: the server must be at least 18 (Family Law Rules, rule 6(1.1)), and special service of an application or a motion to change must be carried out by someone other than the party (rule 6(4.1)).

A commissioner takes the oath. For Ontario courts, that can be a lawyer, a notary public, a justice of the peace or a commissioner for taking affidavits; Ontario's Form 6B lists exactly those four. An Ontario notary has the powers of a commissioner for taking affidavits in Ontario (Notaries Act, s. 3(1)(c)), and a commissioner may take any affidavit concerning any proceeding in any court in Ontario (Commissioners for Taking Affidavits Act, s. 6).

If you are outside the province of the court: an oath taken outside Ontario before an Ontario notary is valid in Ontario (Evidence Act, s. 45(2)). The other provinces in this guide have similar rules for affidavits sworn elsewhere before a notary public, with different seal requirements:

• Alberta admits it without proof of the signature when it carries the notary's official seal (Alberta Evidence Act, s. 47).
• British Columbia accepts one certified under the notary's hand and official seal (Evidence Act, s. 63).
• Saskatchewan treats it as valid and admits it on the notary's signature, with or without a seal (The Evidence Act, s. 27).
• Nova Scotia accepts one "certified under his hand and official seal" (Evidence Act, s. 67).

Forms written for a local commissioner, such as Saskatchewan's "Commissioner for Oaths for Saskatchewan" or Alberta's "Commissioner for Oaths in and for the Province of Alberta", have their jurat adapted by the notary.

Can You Swear an Affidavit of Service Online?

For Ontario courts, yes. O. Reg. 431/20 allows an oath or declaration to be administered remotely when the commissioner and the deponent can see, hear and communicate in real time for the whole transaction, identity is confirmed, and the jurat records where each of them was. The official Forms 8A and 16B already have a by-video-conference jurat that cites the regulation. On forms that do not, such as the current Form 6B, the notary completes the jurat with the details the regulation requires.

For other courts, the court's own rules decide, and they are less settled:

• Alberta: the Court of King's Bench accepts remotely commissioned affidavits only under a strict protocol (details in our Alberta guide).
• Saskatchewan: its electronic documents statute provides for remote commissioning only by a lawyer who follows the Law Society of Saskatchewan's requirements.
• Nova Scotia: the Supreme Court ended its pandemic virtual-affidavit accommodation on April 4, 2022; its notice read the rules as requiring the deponent to appear personally before the person administering the jurat. Plan on an in-person appointment unless the court or your lawyer confirms otherwise.

Before booking a video appointment for a court outside Ontario, check what it accepts — or ask the lawyer or registry handling the file.

What a Notary Can and Cannot Do

What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, and commissions the affidavit and its exhibits. A notary does not choose your form, decide whether your method or timing of service was valid, or promise that the court will accept your proof. Those are questions for the court's rules; for advice, speak to a lawyer or paralegal.

Minute Notary commissions affidavits of service as an Ontario notary public, including by video under O. Reg. 431/20.

How to Swear It Online — Step by Step

1. Download the right form from the court that will receive it, fill it in, and leave the signature and jurat blank.
2. Gather the exhibits your service method calls for, as clear PDF copies.
3. Book the appointment. Contact us or call (613) 434-5555; slots run on Ottawa time (America/Toronto), seven days a week.
4. Join the secure video call from a phone, tablet or computer and show valid government photo ID on camera.
5. Swear or affirm, then sign while the notary watches.
6. The notary completes the jurat and endorses each exhibit.
7. Receive the commissioned PDF by email, then file it the way your court accepts filings.

Common Mistakes to Avoid

• Using another court's form. A family case needs Form 6B, not 16B; Small Claims needs 8A. The same number can mean different forms in different provinces.
• Signing before the appointment. The deponent signs in front of the commissioner.
• The wrong person swearing. Whoever served swears — not the person who only arranged it.
• Leaving every method paragraph in. Keep the one you used and strike out the others.
• Missing exhibits the method calls for, such as the delivery confirmation or the email.
• A heading that does not match the documents served.
• Paying for a notary when you do not need one. Some tribunals, like the Landlord and Tenant Board, only ask for a signed certificate.

Pricing and Booking

Note: pricing is per seal. The affidavit is one seal, and each exhibit is endorsed and sealed separately. If a second person swears an affidavit at the same appointment, an additional-signer fee of $24.95 applies.

Online appointments add HST plus a small card processing fee, shown in full before you pay. To book, contact us or call (613) 434-5555.

Frequently Asked Questions

What is an affidavit of service?

An affidavit of service is a sworn or affirmed statement by the person who served court documents, saying who they served, with which documents, when, where and how. It is filed with the court as proof that the other side received the documents. Each court prescribes its own form, and it is sworn before a commissioner, such as a lawyer, a notary public or a commissioner for taking affidavits.

Which affidavit of service form do I need in Ontario?

It depends on the court. Small Claims Court uses Form 8A. Civil cases in the Superior Court of Justice, the Divisional Court and the Court of Appeal use Form 16B under the Rules of Civil Procedure. Family cases, in any of the three family courts, use Form 6B under the Family Law Rules. An application for a certificate of appointment of estate trustee uses Form 74B.

Who swears the affidavit of service?

The person who actually served the documents: a process server, a friend, a co-worker, a law clerk or the party, where the rules allow the party to serve. They swear to facts they know first-hand. In Ontario family cases the server must be at least 18, and a party may not personally carry out special service of their own application.

Can I swear an affidavit of service online?

For Ontario courts, yes. O. Reg. 431/20 lets an Ontario commissioner or notary administer the oath by live video, and the official Forms 8A and 16B already carry a by-video-conference jurat. For a court outside Ontario, check that court's rules before you book; Alberta, for example, has its own conditions.

Does a lawyer need an affidavit of service?

Often not. In Ontario a lawyer, and in Small Claims and family cases a paralegal, who served or caused service can sign a certificate of service instead: Form 16B.1 (civil), Form 8B (Small Claims) or Form 6C (family). In the Federal Court, a solicitor's certificate (Form 146B) works for documents other than originating documents.

Do tribunals need a sworn affidavit of service?

Not always. The Landlord and Tenant Board uses a signed Certificate of Service, and the Human Rights Tribunal of Ontario uses a Form 23 Statement of Delivery, which is a signed declaration and is not needed when you serve by email and copy the registrar. The Assessment Review Board, by contrast, uses a sworn Affidavit of Service before a commissioner.

What if I tried to serve someone and could not?

An affidavit of service only proves service that happened. If your attempts failed, you usually ask the court for an order allowing another method (substituted service), validating the service you did manage, or saying that service is not required, and you describe each attempt in the sworn affidavit that supports the request. In Ontario that is the motion affidavit: Form 4D in civil cases, Form 15A in Small Claims Court and Form 14A in family cases. A notary can commission that affidavit; whether your attempts are enough is a question for a lawyer or paralegal.

Is there an affidavit of attempted service form?

In Alberta, yes: Form CTS10950, Affidavit of Attempted Service, is used in family matters in the Court of King's Bench and the Court of Justice. It lists each attempt and supports an application to validate service, allow substitutional service or dispense with service. Ontario has no form by that name; the attempts go into the motion affidavit. Saskatchewan's Form 12-15 has an optional paragraph for an unsuccessful attempt made before the documents were left at the address for service.

Can an Ontario notary commission an affidavit of service for another province's court?

Usually, when you are outside that province. Alberta, British Columbia, Saskatchewan and Nova Scotia all accept affidavits sworn outside the province before a notary public, but their seal rules differ: Alberta admits one without proof of the signature when it carries the notary's official seal, British Columbia and Nova Scotia want it certified under the notary's hand and official seal, and Saskatchewan admits it on the notary's signature, with or without a seal. Use the receiving court's form; the notary adapts its jurat. Swearing by video for those courts is less settled, so check with the court or your lawyer first.

How much does it cost to have an affidavit of service commissioned?

Minute Notary charges a flat $24.95 per stamp plus HST, the same online or in person. One affidavit is one stamp, and each exhibit attached to it is endorsed and sealed separately. Online appointments add a small card processing fee, shown before you pay.

Can the notary tell me whether my service was valid?

No. A notary confirms your identity, administers the oath or affirmation and commissions the affidavit. Whether the method, timing and person served met the court's rules is a legal question for the court; if you are unsure, ask a lawyer or paralegal before you file.

Book Your Appointment

Need an affidavit of service commissioned? Minute Notary commissions it by secure video — flat $24.95 per stamp plus HST.

• Book: Contact us
• Call: (613) 434-5555
• Free templates: Form 16B · Form 8A · Form 146A · Form 6B · General affidavit of service
• Service page: Affidavits
• Form guides: Form 16B · Form 8A · Form 6B · Alberta
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Rules of the Small Claims Court, O. Reg. 258/98 — rules 8 and 15 (Ontario e-Laws)
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194 — rules 1.02, 4.06, 16.04, 16.09, 39.01, 74.04, 74.18 (Ontario e-Laws)
• Family Law Rules, O. Reg. 114/99 — rules 1, 6 and 14 (Ontario e-Laws)
• Ontario Court Forms — Small Claims Court forms
• Ontario Court Forms — Rules of Civil Procedure forms
• Ontario Court Forms — Family Law Rules forms
• Landlord and Tenant Board — Rules of Procedure, rule 3.8
• Human Rights Tribunal of Ontario — forms and filing
• Assessment Review Board — Affidavit of Service (ARB020E)
• Federal Courts Rules, SOR/98-106 — rules 1, 136 and 146, Forms 146A and 146B
• Tax Court of Canada Rules (General Procedure), SOR/90-688a — rule 41
• Alberta Rules of Court, Alta Reg 124/2010 — rules 11.27–11.30, 12.57, 13.19
• Alberta Evidence Act, RSA 2000, c. A-18 — s. 47 (King's Printer)
• BC Supreme Court Civil Rules, B.C. Reg. 168/2009 — rules 4-4 and 4-6
• BC Supreme Court Family Rules, B.C. Reg. 169/2009 — rules 6-4 and 6-6
• BC Provincial Court Family Rules, B.C. Reg. 120/2020 — rule 183
• Manitoba — Court of King's Bench Form 16B, Affidavit of Service
• Saskatchewan — Court of King's Bench rules, forms and practice directives (rules 12-10, 12-14, 12-15, 15-7, 15-8)
• Saskatchewan — The Evidence Act, SS 2006, c E-11.2, s. 27 (PDF)
• Nova Scotia — Evidence Act, R.S.N.S. 1989, c. 154, s. 67 (PDF)
• British Columbia — Evidence Act, RSBC 1996, c. 124, s. 63
• Nova Scotia — Civil Procedure Rules (rules 31.05 and 31.10)
• Nova Scotia Supreme Court — COVID-19 temporary accommodations ending April 4, 2022
• Alberta Court of Justice — family forms (CTS10950, Affidavit of Attempted Service)
• Commissioners for Taking Affidavits Act (Ontario)
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
• Notaries Act (Ontario)
• Evidence Act (Ontario) — s. 45