Publisher's Affidavit of Publication

A Publisher's Affidavit of Publication is a sworn statement made by the publisher (or an authorised representative) of a newspaper or other publication confirming that a specific notice appeared in print on particular dates. It serves as official proof that a legally required publication actually took place.

Courts, government agencies, and estate trustees rely on this affidavit to verify compliance with statutory publication requirements. Without it, the legal proceeding that required the notice (estate distribution, name change, planning approval) may be invalid or open to challenge.

Ontario statutes and court rules prescribe publication requirements in several contexts. The statute or court order directing publication will specify which newspaper qualifies, how many times the notice must run, and what proof is needed afterward.

The affidavit must be sworn by a person with direct knowledge that the notice was published. This is typically the publisher, editor, or a designated advertising manager of the newspaper. It cannot be sworn by the person who placed the notice unless that person also holds one of these roles at the publication.

The deponent must be able to attest to the exact dates the notice appeared, the full name of the publication, and its geographic circulation area. Courts need to confirm the notice ran in a publication that meets any geographic or circulation threshold set out in the requiring statute.

The affidavit identifies the publication, the notice, and the circumstances of its appearance. A copy of the published notice (tear sheet or digital screenshot) is attached as an exhibit and initialled by the commissioner.

The deponent (the person swearing the affidavit) must attend the notarisation appointment in person or by video. Gather these items before arriving.

The notary or commissioner verifies the deponent's identity, administers the oath or affirmation, watches the deponent sign, attaches and initials the exhibit, and completes the jurat. The jurat records where, when, and before whom the oath was taken. Virtual commissioning is permitted under O. Reg. 431/20 provided both parties are in Ontario during the session.

Notarisation at our office is $19.90 per stamp. If the affidavit has one jurat and one exhibit, that typically requires two stamps (one for the jurat, one for the exhibit initialling). Bring the document ready to sign; do not sign before your appointment.