Sworn Affidavit of Identity

A Sworn Statement of Identity is an affidavit in which you declare under oath that you are who you say you are, or that two or more names on different documents all belong to the same person. It carries the weight of sworn evidence once a notary public or commissioner administers the oath.

It is used whenever documentary proof of identity is missing, has been lost, or contains a discrepancy that a bank, insurer, or government office needs resolved before they can act. The notary does not vouch for the truth of your statement; you swear to it, and the notary records that the oath was properly taken.

It shows up most often in real estate closings, where the name on title does not exactly match the name on a current ID (for example "Robert J. Smith" on the deed versus "Bob Smith" on a driver's licence). Title insurers and lawyers routinely ask both the buyer and the seller to swear one to rule out impersonation and title fraud.

The notary or commissioner must confirm your identity before administering the oath, so you need valid government-issued photo identification. Bring the original, not a photocopy.

At our Ottawa office, the notary checks your photo ID, confirms you understand what you are swearing to, and administers the oath or affirmation. You sign in front of the notary, never beforehand, and the notary completes the jurat, the clause that records where, when, and before whom the oath was taken, and applies the seal.

Ontario Regulation 431/20 also permits virtual commissioning over two-way audio-video, provided both you and the commissioner are located in Ontario during the call. Commissioning is a flat $19.90 per signature stamp.

A commissioner for taking affidavits can administer oaths and take affidavits and statutory declarations. A notary public has broader powers, including certifying copies and authenticating documents for use outside Canada. Every Ontario lawyer is automatically a commissioner, but not necessarily a notary.

For a Sworn Statement of Identity used within Ontario, either a commissioner or a notary can swear it. If the document is going abroad, the receiving party may specifically require a notary.

Once sworn, the affidavit is evidence given under oath. Swearing a false affidavit is perjury under section 131 of the Criminal Code of Canada, an indictable offence carrying up to 14 years' imprisonment, and any transaction that relied on the false statement can be set aside.

A sworn affidavit has no legislated expiry date, but the institution requesting it may set its own freshness requirement, often within 30 or 90 days. For a real estate closing it is usually sworn on or near the closing date.