What Is an Affidavit? Meaning, Examples and Ontario Rules (2026)

Last updated: October 8, 2026

What Is an Affidavit? Meaning, Examples and Ontario Rules (2026)

Quick answer: An affidavit is a written statement of facts that you swear or affirm is true and sign in front of a commissioner for taking affidavits, such as a notary public, a lawyer or a licensed paralegal. In Ontario it is how courts, and many offices outside court, take your evidence in writing, and a knowingly false one can be perjury.

Maybe the OSAP office, an insurer, a bank, or the family court counter in Ottawa, Ontario has just told you to "bring a sworn affidavit", and you are not sure what that is, who can do it, or whether you need a lawyer. This guide answers the question "what is an affidavit" with Ontario's own rules, not a dictionary entry or a US template: what the document is, what goes in it, how it differs from a statutory declaration, the common types people in Ontario are asked for, and how to get one commissioned in person or over video.

Minute Notary is a notary practice in Orléans, in Ottawa's east end, and we commission affidavits every day, online and on mobile visits for clients anywhere in Ontario. If you already have your affidavit and only need it sworn, the affidavits service page covers the appointment and the price. If you are still working out what you need, keep reading.

Key Takeaways

What Is an Affidavit? The Meaning in Ontario Law

Ontario's Ministry of the Attorney General, in its guide for commissioners, defines it in one line: an affidavit is "a written statement confirmed to be true by oath or affirmation, often used as evidence in court." Three pieces sit inside that definition, and each one matters.

A written statement. An affidavit is a document, not a conversation. It sets out facts in your own words, usually in short numbered paragraphs, and it is signed by you.

Of facts. It is evidence, not argument. An affidavit says what happened, what you saw, what you sent, what a document shows. It does not argue why a judge should rule for you; in a court case, that belongs in other documents prepared for the hearing.

Confirmed by oath or affirmation. This is the step that turns an ordinary signed letter into an affidavit. You swear an oath, or make a solemn affirmation, that the contents are true, in front of a person who is allowed by law to take it. That person then signs a short certificate at the end, called the jurat, recording when, where and before whom you swore it.

Two words you will see on every form:

• Deponent (sometimes affiant): the person who makes the affidavit and swears to it. In Ontario's court forms the word is "deponent".
• Commissioner (formally a commissioner for taking affidavits, often called a commissioner of oaths): the person who administers the oath and completes the jurat.

In French: affidavit, déposant, constat d'assermentation

Many of our clients in Orléans and across eastern Ontario work in French. Ontario's statute is published in French as the Loi sur les commissaires aux affidavits, and French uses the same word, affidavit. The deponent is the déposant, and the jurat is the constat d'assermentation. The rules described below apply in exactly the same way to an affidavit written in French.

Who Can Commission an Affidavit in Ontario?

Under section 9 of the Commissioners for Taking Affidavits Act, an oath or declaration is taken "in the physical presence of the commissioner, notary public or other person administering the oath", unless a regulation allows otherwise. So the first question is who those people are.

People who are commissioners because of their office. O. Reg. 386/12 lists them. As of 2026 the list includes:

• lawyers and paralegals licensed by the Law Society of Ontario, and articling or law practice program candidates for that work;
• judges of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice, and justices of the peace;
• members of the Legislative Assembly, and their constituency staff for work done for constituents;
• court registrars and clerks, for documents filed in or arising from Ontario court proceedings;
• municipal clerks, deputy clerks, treasurers and deputy treasurers, within their area;
• police officers and First Nation Officers, as part of their duties;
• ServiceOntario public servants, but only when providing services directly to the public.

The list has a few more narrow entries, such as members of a First Nation band council for their reserve area and some provincial park staff. Many of these commissioners can only act for a particular purpose; a court clerk, for instance, only takes affidavits connected to court work.

People appointed as commissioners. Under section 4 of the Act, the Attorney General may appoint any adult as a commissioner, often limited to a particular employer or purpose. Those limits are shown on the commissioner's stamp. The Ministry's guide notes that appointments made on or after January 1, 2026 run for 10-year terms.

Notaries public. Section 3 of the Notaries Act gives every Ontario notary public the powers of a commissioner for taking affidavits, on top of the notarial powers to witness signatures and certify true copies.

One limit applies to everyone: a commissioner cannot take their own affidavit. If you are a paralegal swearing an affidavit of service in your own file, someone else has to commission it.

If you are weighing a notary against a commissioner for a particular document, our guide to the notary public vs commissioner of oaths in Ontario walks through which one each kind of document needs.

The Parts of an Affidavit

An affidavit for an Ontario court has a fixed shape. The civil version is Form 4D, which rule 4.06 of the Rules of Civil Procedure makes mandatory for affidavits used in a proceeding. Family court affidavits follow the same pattern in their own forms, such as Form 14A, Affidavit (General). Affidavits used outside court, for an insurer or an institution, are usually simpler, but they borrow the same parts.

A few details people miss:

• Personal knowledge first. Rule 4.06(2) confines an affidavit to facts within the deponent's personal knowledge, or other evidence the deponent could give as a witness, unless the rules say otherwise. The Family Law Rules say the same thing for motions "as much as possible".
• Information and belief has conditions. On a civil motion you may include what someone else told you only if you name the source and say you believe it (r. 39.01(4)); on an application, only for facts that are not contentious (r. 39.01(5)). In family court, rule 14(19) requires the source to be identified by name.
• More than one deponent. Each deponent gets a separate jurat, unless all of them swear before the same commissioner at the same time (r. 4.06(4)).
• Changes. Any handwritten change, crossing-out or insertion must be initialled by the person taking the affidavit. If it is not, a court may refuse to use the affidavit without permission (r. 4.06(9)).
• Reading and language. If the deponent cannot read, or does not understand the language of the affidavit, the jurat must say that it was read to them or interpreted by a named, sworn interpreter (r. 4.06(7) and (8)).

Caption: The jurat is the last step. Until the commissioner signs it, the document is only a signed statement, not an affidavit.

A sample affidavit structure (skeleton only)

People search for a "sample affidavit" or an "affidavit example" because they want to see the shape before they start. Here is the outline of an Ontario court affidavit, taken from Form 4D, with placeholders instead of facts. It shows the order of the parts, not what your affidavit should say.

                                    Court File No. ________
                        [NAME OF COURT]
BETWEEN:
                        [PLAINTIFF / APPLICANT]
                                 – and –
                        [DEFENDANT / RESPONDENT]

                     AFFIDAVIT OF [FULL NAME]

I, [full name], of the [City] of [___], in the [Region/County] of [___],
[state your capacity if you are a party or work for one],
MAKE OATH AND SAY (or AFFIRM):

1. [One statement of fact.]
2. [The next statement of fact.]
3. Attached as Exhibit "A" is a copy of [document].

SWORN (or AFFIRMED) before me [in person / by video conference]
at the [City] of [___], on [date].

_____________________________          _____________________________
Commissioner for Taking Affidavits     Signature of deponent

For use outside court, the free templates in our library follow the same order: a General Affidavit (Ontario), a One and the Same Person Affidavit for name mismatches, and the family-court Affidavit (General), Form 14A. For a ServiceOntario transaction, ServiceOntario publishes its own General Form Affidavit (form 002-5352).

Affidavit vs Statutory Declaration

These two documents look alike, are taken by the same people, and carry the same criminal risk if false. The difference is the words you use and where the document goes.

The practical rule: use what the receiving body asked for. If the form says "solemnly declare", it is a declaration; if it says "make oath and say" or has a court heading, it is an affidavit. When the instructions just say "a sworn statement", ask the body which one it wants. Our statutory declarations page covers the declaration side, and the guide to statutory declarations online in Canada explains the common ones.

Sworn or Affirmed: Is There a Difference?

No, not in legal effect. Section 17 of Ontario's Evidence Act lets anyone make an affirmation instead of an oath, and it has "the same force and effect" as an oath. You choose.

The Ministry's guide gives examples of each. An oath might be: "Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?" An affirmation: "Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?" The commissioner is meant to administer the oath in a form you consider binding on your conscience, with or without a religious text.

Tell the commissioner which one you prefer at the start of the appointment. Nobody needs to know why, and the jurat simply says "sworn" or "affirmed".

Common Types of Affidavits in Ontario

Most people asked for "an affidavit" actually need one of a handful of specific documents, many with their own form numbers. Start by finding yours in this table, then follow the link for the document's own guide.

A few patterns run through the table. Court affidavits use the court's own prescribed form, and the court expects its current version: download it from Ontario Court Services rather than reusing an old copy. Institutional affidavits, such as OSAP's or ServiceOntario's, come on the institution's own form. Everything else, from a lost-document affidavit to an identity affidavit, is a general affidavit, which you can write from a template.

How to Write an Affidavit: The General Structure

This section is about structure, not strategy. What facts to include in a contested case is a legal judgment, and a notary cannot make it for you. With that line in mind, these are the steps most people follow.

1. Find the right form first. If a court or institution prescribes a form, use it. A general affidavit is only for when nobody has given you one.
2. Fill in the heading exactly. For a court document, copy the court name, file number and title of the proceeding from the documents already in the file.
3. Introduce yourself. Full name, city or town, and region, then your role if you are a party or work for one (for example, "I am the applicant" or "I am the office manager of the respondent company").
4. Write the facts in short, numbered paragraphs. First person ("I", "my"), one fact per paragraph where you can, in date order. Plain words read better than legal phrases.
5. Separate what you know from what you were told. If the rules allow information from someone else, name the person and say you believe it.
6. Refer to exhibits by letter. "Attached as Exhibit A is a copy of the lease dated…". Put the exhibits in the same order, but do not mark them yourself; the commissioner marks them.
7. Leave the jurat blank and do not sign. You sign in front of the commissioner, after swearing or affirming.
8. Read it slowly, out loud if it helps. You will be swearing that every line is true. Fix anything that is not accurate before the appointment, not during it.

If the affidavit is for a contested family or civil matter, stop after step 1 and talk to a lawyer or licensed paralegal; more on that below.

How to Get an Affidavit Commissioned in Ontario

Once the affidavit is written, getting it commissioned is short.

1. Prepare the document and leave it unsigned. Print it, or have the file ready to share on screen for an online appointment.
2. Gather the exhibits in the order the affidavit names them.
3. Bring valid government photo ID. The commissioner has to confirm who you are and satisfy themself that the signature is yours (CTAA s. 9(3)).
4. Book a commissioner. At Minute Notary, eligible affidavits are sworn over secure video from anywhere in Ontario, or in person on a mobile visit anywhere in Ontario. Some documents, such as an affidavit headed for an apostille, need a wet-ink original and an in-person appointment.
5. At the appointment you show your ID, choose oath or affirmation, swear or affirm that the contents are true, and sign while the commissioner watches.
6. The commissioner marks the exhibits and completes the jurat, with their signature and stamp information.
7. File or send the affidavit where it needs to go. If it is going outside Canada, it may need authentication or an apostille afterwards.

Our guide to notarizing an affidavit online in Canada walks through the video appointment itself in more detail, including what the call looks like from your side.

Remote Commissioning in Ontario: What O. Reg. 431/20 Requires

Since 2020, Ontario has allowed an oath or declaration to be taken without the deponent being in the same room, under section 9(2) of the Act and O. Reg. 431/20, Administering Oath or Declaration Remotely. The current version, in force since March 1, 2026, sets five conditions in section 1:

1. Live audio and video for the whole transaction. The method of communication must let the participants see, hear and communicate with one another in real time, from start to finish.
2. Identity is confirmed by the person administering the oath.
3. A modified jurat states that the oath was administered in accordance with the regulation and gives the location of the commissioner and of the deponent at the time.
4. Stamp information for a commissioner whose appointment is limited appears on or in the document.
5. Reasonable precautions, including making sure the deponent understands what is being signed.

Section 2 adds a sixth duty: the commissioner keeps a record of every remote transaction.

The civil court's Form 4D now carries both jurat options, "in person" or "by video conference … in accordance with O. Reg. 431/20". The Law Society's guidance for lawyers and paralegals lists the same conditions and suggests practical steps such as asking the deponent to show the room on camera.

One thing the regulation does not do: it does not make anyone accept a remotely commissioned affidavit. The Ministry's guide says so directly and tells commissioners to suggest in-person commissioning when the receiving organization is unsure. Before you book a video appointment, check that the court, office or foreign body receiving your affidavit accepts one.

Caption: Under O. Reg. 431/20 the commissioner must confirm your identity on a live video connection that lasts the whole transaction.

What Happens If an Affidavit Is False?

The oath is what gives an affidavit its weight, and the criminal law backs it up.

• Perjury. Under section 131 of the Criminal Code, a person commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, by affidavit, solemn declaration or orally, before a person authorized to take it, knowing that it is false. It applies whether or not the statement is made in a court case. Section 132 makes perjury an indictable offence punishable by up to 14 years in prison.
• False statements not required by law. Section 134 covers a knowingly false sworn statement made by someone who was not authorized or required by law to make it. It is punishable on summary conviction.
• Fake or unsworn affidavits. Section 138 makes it an offence to sign as deponent a document that claims to be sworn when it was not, to use such a document knowing it was not properly sworn, or for a commissioner to sign a jurat for an affidavit that was never sworn before them.
• Provincial offences. Sections 10 and 11 of the Commissioners for Taking Affidavits Act add fines of up to $2,000 for a commissioner who signs a jurat without properly administering the oath, and for anyone who knowingly uses an affidavit that was not taken in line with section 9.

Perjury needs knowledge and an intent to mislead. An honest mistake is not perjury, but it is still a problem in the file. If you find an error after swearing, do not edit the sworn copy. The usual fix is a new or supplementary affidavit, and in a court case your lawyer or paralegal should decide how to handle it.

What a Notary Can and Cannot Do

What a notary can and cannot do: A notary public in Ontario can confirm your identity, administer the oath or affirmation, watch you sign, mark your exhibits and complete the jurat, in person or over video under O. Reg. 431/20. A notary does not write your affidavit, choose which facts to include, tell you whether it helps your case, or check whether the facts are true.

That last point surprises people. The commissioner's job under section 9(3) of the Act is to satisfy themself that the signature is genuine and to administer the oath properly. It is not to verify your facts. The Ministry's guide is explicit that commissioners are not authorized to give legal advice and must suggest a lawyer or paralegal when someone asks for it.

What we can do is help you avoid the practical mistakes: booking the right document type, having the exhibits in order, keeping the affidavit unsigned, and confirming whether your receiving body accepts a remote affidavit. If your affidavit has a blank we cannot fill or a question only a lawyer can answer, we will say so before you swear it.

When to Call a Lawyer or Paralegal Instead

A notary or commissioner is enough when you already know what the affidavit says and only need it sworn. Call a lawyer or a paralegal licensed by the Law Society of Ontario first when:

• The matter is contested. A family case about parenting time or support, a civil claim, or a motion where the other side will answer your evidence. What you put in, and leave out, of a contested affidavit is a legal judgment.
• You need the affidavit drafted. Commissioners commission documents; they do not write them for you.
• You are unsure which form the court needs, or whether the court needs an affidavit at all rather than another document.
• The affidavit could affect criminal exposure, immigration status, or a large amount of money.
• You found an error in an affidavit already filed in a court case.
• Someone else is pressuring you to swear something you are not sure is true.

Paralegals can act in some matters, such as Small Claims Court, and not in others; the Law Society sets those limits. Lawyers are themselves commissioners, so a lawyer who prepares your affidavit can usually commission it as well. Our article on the notary vs lawyer in Ontario explains where each one fits.

Caption: Lawyers and licensed paralegals are commissioners by virtue of their office, so the person who prepares a contested affidavit can often swear it too.

What to Bring to Your Appointment

For an online appointment, add a laptop, tablet or phone with a working camera and microphone, a quiet room, and a printer or a way to share the document, depending on how your receiving body wants the signed copy.

Common Mistakes to Avoid

• Signing before the appointment. The commissioner has to see you sign after you swear. A pre-signed affidavit usually has to be printed again.
• Using an old court form. Court forms are revised. Download the current version from Ontario Court Services.
• Marking your own exhibits. Leave the exhibit stamps to the commissioner; just put the documents in order.
• Writing argument instead of facts. "The respondent is dishonest" is an opinion; "On May 3, the respondent told me…" is a fact.
• Mixing up affidavit and declaration. Check the wording on the receiving body's form.
• Assuming a remote affidavit will be accepted. Ask the receiver first.
• Correcting a sworn affidavit by hand. Swear a new or supplementary one instead.

Pricing and Booking

Minute Notary charges from $24.95 per seal plus HST, the same for an online appointment as in person. A multi-page affidavit sworn once is one seal. Each exhibit is marked and stamped separately and counts as one more seal; booked online, exhibits cost less from the sixth one on. The full amount is shown before you pay, and there is no consultation fee for confirming what you need.

Frequently Asked Questions

What is an affidavit in simple terms?

An affidavit is your written account of the facts, which you swear or affirm is true and sign in front of a person allowed to take affidavits, such as a commissioner for taking affidavits, a lawyer, a licensed paralegal or a notary public. That person completes the jurat, the block at the bottom that records when, where and before whom you swore it. Once sworn, the statement can be used as evidence, and a knowingly false one can be perjury.

Is the word the same in French?

Yes. Ontario's French-language statute is the Loi sur les commissaires aux affidavits, and French uses the same word, "affidavit". The person who swears it is the "déposant", and the jurat is the "constat d'assermentation". A declaration made instead of an oath is a "déclaration". The rules are the same in both languages.

Who can commission an affidavit in Ontario?

Any commissioner for taking affidavits. Lawyers and paralegals licensed by the Law Society of Ontario, judges, justices of the peace, members of the Legislature, municipal clerks and certain other office holders are commissioners automatically under O. Reg. 386/12, and others are appointed by the Attorney General. Every notary public can exercise a commissioner's powers under section 3 of the Notaries Act. Nobody can commission their own affidavit.

Does an affidavit have to be notarized?

No. In Ontario an affidavit has to be sworn or affirmed before someone authorized to take it, and a notary public is only one of them. The Notaries Act also says a notary's seal is not necessary to the validity of an affidavit taken in Ontario. Some receiving bodies, especially outside Ontario, still ask for a notary public by name, so check the instructions you were given.

What is the difference between an affidavit and a statutory declaration?

An affidavit is sworn or affirmed, and Ontario's court rules use it as written evidence. A statutory declaration is solemnly declared in the wording set by section 41 of the Canada Evidence Act or section 43 of the Ontario Evidence Act, and is used mostly outside court, for government programs, employers, insurers and lenders. The same people take both, and a knowingly false statement in either can be perjury. Use whichever the receiving body names on its form.

Can I write my own affidavit?

Yes. Nothing requires a lawyer to write an affidavit, and many people fill in a court form or a template themselves. A commissioner or notary will not write it for you or tell you what it should say. For a contested family or civil matter, or when you are unsure what the court needs to see, have a lawyer or licensed paralegal prepare or review it before you swear it.

Can an affidavit be sworn online in Ontario?

Yes, if the conditions in O. Reg. 431/20 are met: a live video connection for the whole transaction, the commissioner confirms your identity, a modified jurat records where each of you was, the commissioner takes reasonable precautions so you understand what you are signing, and keeps a record. The regulation does not oblige anyone to accept a remotely commissioned affidavit, so confirm with the receiving court or organization first.

What happens if I lie in an affidavit?

Knowingly making a false statement in an affidavit, with intent to mislead, is perjury under section 131 of the Criminal Code, an indictable offence punishable by up to 14 years in prison under section 132. Signing as a deponent when the affidavit was never sworn is a separate offence under section 138. An honest mistake is not perjury, but it should be corrected with a new or supplementary affidavit.

Can I change an affidavit after it is sworn?

Not by editing the sworn copy. Changes made before swearing must be initialled by the person taking the affidavit, or a court may refuse to use it without permission. Once sworn, the usual fix is a new affidavit or a supplementary affidavit that corrects or adds to the first one. In a court case, ask your lawyer or paralegal which approach fits.

How much does it cost to get an affidavit commissioned?

At Minute Notary, from $24.95 per seal plus HST, the same online or in person. A multi-page affidavit sworn once is one seal; each exhibit is marked and stamped separately and counts as one more seal, and booked online, exhibits cost less from the sixth one on. The full amount is shown before you pay.

Book Your Appointment

Have an affidavit ready to swear? Minute Notary commissions affidavits online by secure video anywhere in Ontario and in person on a mobile visit anywhere in Ontario, from $24.95 per seal plus HST.

• Book an appointment: Contact us
• Call: (613) 434-5555
• Service page: Affidavits
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario)
• O. Reg. 386/12: Commissioners and Other Persons Who May Take Affidavits (Ontario)
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
• Ministry of the Attorney General: Guide for newly appointed commissioners for taking affidavits in Ontario
• Notaries Act, R.S.O. 1990, c. N.6 (Ontario)
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (rules 4.06, 16.09, 39.01)
• Family Law Rules, O. Reg. 114/99 (rule 14)
• Ontario Court Services: Form 4D, Affidavit
• Ontario Court Services: Form 14A, Affidavit (General)
• Evidence Act, R.S.O. 1990, c. E.23 (Ontario), ss. 17 and 43
• Canada Evidence Act, s. 41
• Criminal Code, s. 131 (perjury), s. 132, s. 134, s. 138
• Law Society of Ontario: Remote commissioning
• ServiceOntario: General Form Affidavit (form 002-5352)