Affidavit vs. Statutory Declaration: Which One Do You Need?

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
• Simpler format than affidavits

Side-by-Side Comparison

When to Use an Affidavit

Family Court Matters

• Custody and access disputes
• Child support claims
• Divorce proceedings

Civil Litigation

• Personal injury claims
• Contract disputes
• Debt collection

Immigration (Complex Cases)

• Sponsorship appeals
• Refugee claims
• Judicial reviews

Real Estate

• Mortgage disputes
• Title issues
• Adverse possession claims

When to Use a Statutory Declaration

Lost Documents

"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 Ottawa, 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
Ottawa, 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 Ottawa, 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
Ottawa, in the Province of Ontario,
this ___ day of _______, 2025.

_____________________________
A Commissioner for Taking Affidavits
(or Notary Public)

_____________________________
[Affiant's Signature]

Costs at Minute Notary

Tips for a Smooth Process

1. Be specific — Include dates, names, and details
2. Be truthful — Only state facts you personally know
3. Be organized — Number your statements logically
4. Bring ID — Valid government photo ID is required
5. Don't sign early — Wait until you're with the notary

Need an Affidavit or Statutory Declaration?

At Minute Notary, we can help you with both affidavits and statutory declarations. Bring your draft document or discuss your needs with us.

Book your appointment today

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