Affidavit vs. Statutory Declaration: Which One Do You Need? | Minute Notary Blog | Minute Notary
Legal
January 4, 20255 min read
Affidavit vs. Statutory Declaration: Which One Do You Need?
Understand the differences between affidavits and statutory declarations, when each is required, and how to get them properly notarized.
MN
Minutes Notary
Notary Public • Ottawa, ON
Two Types of Sworn Statements
When you need to make a formal statement of facts, you'll typically use either an affidavit or a statutory declaration. While similar, they serve different purposes.
What is an Affidavit?
An affidavit is a written statement of facts that you swear or affirm to be true. It's specifically designed for use as evidence in legal proceedings.
Key characteristics:
Used in court cases and legal proceedings
Contains a "jurat" (the notary's certification)
Can include exhibits (attached documents)
Subject to cross-examination if used in court
What is a Statutory Declaration?
A statutory declaration is also a sworn statement, but it's used for administrative purposes rather than court proceedings.
Key characteristics:
Used for non-court purposes
Made under the Canada Evidence Act or provincial legislation
Common for government and institutional requirements
"I declare that I lost my passport on or around [date]..."
Name Discrepancies
"I declare that John Smith and J. Smith are the same person..."
Relationship Status
"I declare that I have been living in a common-law relationship with [name] since [date]..."
Citizenship Applications
"I declare that I have resided in Canada for the required period..."
Employment Verification
"I declare that I was employed by [company] from [date] to [date]..."
Gift Declarations
"I declare that the funds in the amount of $X were a gift from my parents..."
The Swearing Process
Whether it's an affidavit or statutory declaration, the process is similar:
Step 1: Prepare the Document
Draft the statement (or have a lawyer prepare it)
Include all relevant facts
Leave signature line blank
Step 2: Attend the Notary
Bring valid government photo ID
Bring the unsigned document
Bring any exhibits to be attached
Step 3: Swear or Affirm
You'll be asked: "Do you swear (or affirm) that the contents of this document are true?"
Swearing involves an oath, often religious in nature.
Affirming is a secular alternative with equal legal weight.
Step 4: Sign and Seal
You sign in front of the notary
Notary completes the jurat/declaration
Notary applies their seal and signature
What If You Lie?
Making a false statement in either document is a criminal offence.
Under the Criminal Code of Canada:
Perjury (false affidavit): Up to 14 years imprisonment
False statutory declaration: Up to 14 years imprisonment
This is why notaries take these documents seriously and verify your identity carefully.
Sample Statutory Declaration Format
CANADA
PROVINCE OF ONTARIO
STATUTORY DECLARATION
I, [Full Legal Name], of the City of Toronto, in the Province of Ontario,
DO SOLEMNLY DECLARE THAT:
1. I am the declarant herein and have personal knowledge of the facts
stated in this declaration.
2. [State your facts, numbered in order]
3. [Additional facts as needed]
4. I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
DECLARED before me at the City of
Toronto, in the Province of Ontario,
this ___ day of _______, 2025.
_____________________________
A Notary Public in and for
the Province of Ontario
_____________________________
[Declarant's Signature]
Sample Affidavit Format
ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: [If applicable]
BETWEEN:
[Parties if applicable]
AFFIDAVIT OF [YOUR NAME]
I, [Full Legal Name], of the City of Toronto, MAKE OATH AND SAY:
1. I am [your role/relationship to the matter] and have personal
knowledge of the matters herein deposed to.
2. [State your facts, numbered in order]
3. [Reference any exhibits: "Attached hereto as Exhibit 'A' is..."]
SWORN before me at the City of
Toronto, in the Province of Ontario,
this ___ day of _______, 2025.
_____________________________
A Commissioner for Taking Affidavits
(or Notary Public)
_____________________________
[Affiant's Signature]
Costs at Minutes Notary
Service
Cost
Statutory Declaration
$25-35
Affidavit (simple)
$30-40
Affidavit with exhibits
$40-50+
Rush service
Additional fee
Tips for a Smooth Process
Be specific — Include dates, names, and details
Be truthful — Only state facts you personally know
Be organized — Number your statements logically
Bring ID — Valid government photo ID is required
Don't sign early — Wait until you're with the notary
Need an Affidavit or Statutory Declaration?
At Minutes Notary, we can help you with both affidavits and statutory declarations. Bring your draft document or discuss your needs with us.
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