Form 16B is the Affidavit of Service under Ontario's Rules of Civil Procedure, used in the Superior Court of Justice, the Divisional Court and the Court of Appeal. Which block to fill in, who swears it, when a lawyer's certificate replaces it, and how to swear it online for a flat $24.95.
Last updated: October 10, 2026
Affidavit of Service Form 16B (Ontario): How to Fill It In and Swear It Online
Quick answer: Form 16B is the Affidavit of Service under Ontario's Rules of Civil Procedure. Rule 16.09(1) lets service of a document be proved "by an affidavit of the person who served it (Form 16B)". The person who served the documents fills in the one block that matches how they served them, then swears or affirms it before a commissioner. The official form has a by-video-conference jurat under O. Reg. 431/20, so it can be sworn online with an Ontario notary for a flat $24.95 per stamp plus HST. A lawyer who served can use a certificate (Form 16B.1) instead.
Once documents in an Ontario civil case have been served, the court needs proof, and the usual proof is a sworn Form 16B. This guide explains which courts use it, how to fill in each part, who swears it, when you can skip it, and how to swear it online with a notary.
Not sure Form 16B is the right form? Small Claims Court uses Form 8A, family cases use Form 6B, and our affidavit of service guide by court covers every other court and tribunal.
Key Takeaways
| Decision point | What applies | Why it matters |
|---|---|---|
| The form | Form 16B, Rules of Civil Procedure, rule 16.09(1) | The standard proof of service in Ontario civil proceedings. |
| Courts | Superior Court of Justice, Divisional Court, Court of Appeal | Small Claims (8A) and family cases (6B) use other forms. |
| Who swears | The person who served the documents | They swear to what they did and saw first-hand. |
| Lawyer served? | Form 16B.1 certificate, or a written acceptance | No sworn affidavit is needed in those cases. |
| Online | Built-in video-conference jurat (O. Reg. 431/20) | Can be sworn by secure video with an Ontario notary. |
| Price | Flat $24.95 per stamp plus HST | Same online or in person; exhibits are sealed separately. |
What Form 16B Is
Form 16B is the Affidavit of Service prescribed by the Rules of Civil Procedure (R.R.O. 1990, Reg. 194). Rule 16.09(1) is one sentence: service of a document may be proved by an affidavit of the person who served it, in Form 16B. The rule does not list what the affidavit must contain. The form itself does, together with the general affidavit rule (rule 4.06), which requires an affidavit to be in the first person, signed by the deponent and sworn or affirmed under the Commissioners for Taking Affidavits Act.
The official form is published by Ontario Court Services. The current version is dated February 1, 2021, has been in effect since April 6, 2021, and carries the footer "RCP-E 16B (February 1, 2021)". Download Form 16B: Word — all Rules of Civil Procedure forms. Ontario publishes Form 16B in Word only; if the court revises it, the forms page carries the new version. Fill it in, and leave the signature and jurat blank until your appointment.
Which courts use Form 16B
Rule 1.02(1) says the Rules of Civil Procedure apply to all civil proceedings in the Court of Appeal and the Superior Court of Justice, with exceptions. The Divisional Court is a branch of the Superior Court (Courts of Justice Act, s. 18(1)), so it is covered too.
| Proceeding | Proof of service |
|---|---|
| Superior Court of Justice civil action or application | Form 16B |
| Divisional Court (appeals, judicial review) | Form 16B |
| Court of Appeal for Ontario | Form 16B |
| Estates: application for a certificate of appointment | Form 74B, "despite rule 16.09" (rule 74.04(1)); Word |
| Estates: passing of accounts | Form 16B or 16B.1 (rule 74.18(9)) |
| Small Claims Court | Form 8A (not 16B) |
| Family cases under the Family Law Rules (all three family courts) | Form 6B (not 16B) |
The two exceptions people trip on are Small Claims Court, which is a branch of the Superior Court but has its own rules, and family cases, which follow the Family Law Rules even when they are heard in the Superior Court.
When You Do Not Need Form 16B
A sworn affidavit is the default, not the only option. Rule 16.09 allows three others:
- A lawyer's certificate of service (Form 16B.1). Added to the rules in 2022 (the form took effect January 30, 2023), it lets a lawyer who served a document, or caused it to be served, and is satisfied that service was effected prove it with a signed certificate. It is certified, not sworn, so no commissioner is involved (Form 16B.1, Word).
- A lawyer's written acceptance. Where a lawyer admits or accepts service on behalf of a party, that written admission or acceptance "is sufficient proof of service and need not be verified by any other proof of service" (rule 16.09(3)).
- A sheriff's certificate (Form 16C) where a sheriff served the document.
Rule 16.09(5) also lets the affidavit or certificate be printed on the backsheet of the document served, or on a stamp or sticker attached to it. Law offices often do this; a self-represented party usually uses the stand-alone form.
How Service Works Under Rule 16, in Brief
Form 16B is only as good as the service it describes, so it helps to know which method you used. This is an overview, not advice on your case.
- Originating process (a statement of claim, notice of application) must be served personally under rule 16.02, or by an alternative to personal service under rule 16.03 (rule 16.01(1)).
- Alternatives to personal service include leaving the document with the party's lawyer, which counts only once the lawyer endorses an acceptance of service with the date (rule 16.03(2)); mailing it with an acknowledgment of receipt card (Form 16A), effective only when the sender receives the card back (rule 16.03(4)); and leaving it at the person's residence with an apparently adult member of the household and mailing a copy, effective on the fifth day after mailing (rule 16.03(5)).
- Other documents go to a party's lawyer of record (rule 16.01(4)(a)), including by email to the lawyer's email address for service (rule 16.05(1)(f)). A self-represented party can be served by email at the last email address for service they provided (rule 16.01(4)(b)(iv)).
- Email service must carry the sender's name, address, telephone number and email address, the date and time of transmission, and a contact for transmission problems (rule 16.06.1(1)).
If you are not sure your method was allowed for that document, ask a lawyer or paralegal before you swear to it. A notary cannot answer that question for you.
How to Fill In Form 16B, Part by Part
The form is short, but each part has to match the documents you served exactly.
- Court file number and title of proceeding. Copy them from the documents you served, word for word, including every party's name.
- Your name and where you live. "I, (full name), of the (City, Town, etc.) of (name)…". You are the deponent.
- Choose one service block and delete the rest. The form has a block for each method: personal service; leaving a copy with an adult in the household and mailing a copy; mail with an acknowledgment card; mail or courier to a lawyer; email to a lawyer; mail or email to a self-represented party or non-party; and email to the Crown, the Attorney General, the Children's Lawyer or the Public Guardian and Trustee.
- Fill in the facts of that block. The date, the time, the person served, the documents served by name, and the address or email address used.
- For personal service, say how you knew who they were. The form asks you to complete: "I was able to identify the person by means of (state the means by which the person's identity was ascertained.)" For example, the person confirmed their name and showed photo ID, or you recognized them from a photograph you were given. Write what actually happened.
- Attach what the block refers to as an exhibit, if it refers to anything. The notary endorses and seals each exhibit.
- Leave the jurat and your signature blank. The jurat has two options, "in person" or "by video conference"; the commissioner completes it at the appointment.
If you served more than one person, or served the same person by two methods, keep each statement separate and clear. The judge reading it should be able to see exactly who received what, when and how.
Who Swears Form 16B
The person who actually served the documents: a process server, a law clerk, a courier the firm sent, or anyone else who carried them out. They swear to facts they know first-hand, so the person who arranged the service but did not do it should not sign in their place. A lawyer who served or caused service can use Form 16B.1 instead, as above.
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 decide whether your method of service was permitted, whether the timing was right, or whether the court will accept your proof. Those questions belong to the Rules of Civil Procedure and the court; 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 Form 16B Online — Step by Step
O. Reg. 431/20 allows an oath to be administered remotely when the commissioner and the deponent can see, hear and communicate with each other in real time for the whole transaction, the deponent's identity is confirmed, and the jurat states where each of them was. The official Form 16B already has the video-conference jurat, citing that regulation.
- Download and complete Form 16B (Word), unsigned, from Ontario Court Services, or prepare the wording with our free Form 16B template.
- Gather any exhibits the block refers to, as clear PDF copies.
- Book the appointment. Contact us or call (613) 434-5555; slots run on Ottawa time (America/Toronto), seven days a week.
- Join the secure video call from a phone, tablet or computer and show valid government photo ID on camera.
- Swear or affirm, then sign while the notary watches.
- The notary completes the jurat, recording both locations, and endorses each exhibit.
- Receive the commissioned PDF by email, then file it the way your court accepts filings.
What to Bring to Your Appointment
| Item | Why |
|---|---|
| Completed Form 16B, unsigned | You sign it in front of the notary. |
| Valid government photo ID | The notary must confirm who is swearing. |
| Any exhibits the form refers to | Each is endorsed and sealed as an exhibit. |
| The court file number and party names | To check that the heading matches the documents served. |
| A quiet, well-lit room | You must stay on camera for the whole oath. |
Common Mistakes to Avoid
- Using the wrong form. Small Claims Court is Form 8A, family cases are Form 6B, and a certificate of appointment application is Form 74B.
- Signing before the appointment. The deponent signs in front of the commissioner, never beforehand.
- Leaving every service block in. Keep only the block for the method you used, and delete the others.
- Skipping the identity line for personal service.
- A heading that does not match the documents served (file number, court, party names).
- The wrong person swearing. Whoever served the documents swears; the person who only arranged service does not.
- Missing exhibits the block mentions.
Pricing and Booking
| Service | Fee | Note |
|---|---|---|
| Form 16B affidavit of service | $24.95 per stamp | Flat rate plus HST, online or in person |
| Each exhibit or additional stamp | $24.95 | Same flat rate |
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 Form 16B?
Form 16B is the Affidavit of Service prescribed by Ontario's Rules of Civil Procedure. Rule 16.09(1) says service of a document may be proved by an affidavit of the person who served it, in Form 16B. The person who served the documents swears in it who they served, with which documents, when, where and by which method. The current official version is dated February 1, 2021 and has been in effect since April 6, 2021.
Which courts use Form 16B?
The Rules of Civil Procedure apply to civil proceedings in the Court of Appeal and the Superior Court of Justice, which includes its Divisional Court branch. They do not apply to Small Claims Court (which uses Form 8A) or to cases under the Family Law Rules (which use Form 6B). An application for a certificate of appointment of estate trustee uses Form 74B instead, while a passing of accounts returns to Form 16B.
Who swears a Form 16B affidavit of service?
The person who actually served the documents, such as a process server, a law clerk or anyone else who carried out the service. They swear to facts they know first-hand. For personal service, the form also asks how they identified the person they served.
Can Form 16B be sworn online by video?
Yes. The official Form 16B has a jurat with a by video conference option that cites O. Reg. 431/20, Ontario's remote commissioning rule. The person who served joins a secure video call, shows government photo ID, swears or affirms, and signs while the notary watches. The notary records both locations in the jurat, as the regulation requires.
Does a lawyer need to swear Form 16B?
No. A lawyer who served a document, or caused it to be served, may prove service with a lawyer's certificate of service in Form 16B.1 (added to the rules in 2022; the form took effect January 30, 2023), which is signed, not sworn. And where a lawyer admits or accepts service for a party, the lawyer's written acceptance is sufficient proof on its own under rule 16.09(3).
How much does it cost to have Form 16B commissioned?
Minute Notary charges a flat $24.95 per stamp plus HST, the same online or in person. One affidavit of service is one stamp; 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. A notary does not advise on whether the method or timing of service met the Rules of Civil Procedure. If you are unsure, ask a lawyer or paralegal before you file.
Book Your Appointment
Need Form 16B (Affidavit of Service) commissioned for an Ontario civil matter? Minute Notary commissions it by secure video — flat $24.95 per stamp plus HST.
- Book: Contact us
- Call: (613) 434-5555
- Free template: Form 16B affidavit of service
- Service page: Affidavits
- Related guides: Affidavit of service: which form each court uses · Form 8A for Small Claims Court · Form 6B for family court
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194 — rules 1.02, 4.06, 16, 74.04 and 74.18 (Ontario e-Laws)
- Ontario Court Services — Rules of Civil Procedure forms (Form 16B, Form 16B.1)
- Ontario Court Services — Form 74B, Affidavit of Service of Application for a Certificate of Appointment of Estate Trustee (Word)
- Ontario Court Services — Form 16B, Affidavit of Service (Word)
- Courts of Justice Act, R.S.O. 1990, c. C.43 — s. 18 (Divisional Court)
- Commissioners for Taking Affidavits Act (Ontario)
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
- Notaries Act (Ontario)
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.