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A formal declaration in which a party confirms they are voluntarily choosing not to obtain separate legal counsel regarding an agreement, even though they were encouraged to do so.
Also known as
Waiver of Independent Legal Advice
I, ______, of ______, in the Province of Ontario, declare the following:
1. I have reviewed and fully understand the attached Agreement dated ______, and I am aware of all terms contained within it. I have read the Agreement and am satisfied that I understand my rights and obligations under it.
2. I acknowledge that I was advised to obtain independent legal counsel regarding the terms of the Agreement and was given a reasonable opportunity to do so. Despite this recommendation and opportunity, I declare that:
a. I choose to sign this Agreement without first obtaining independent legal advice;
b. I understand the terms of this Agreement and confirm they accurately reflect my wishes and intentions;
c. I will not attempt to challenge this Agreement in the future by claiming that I did not receive independent legal advice or that I failed to understand any of its terms; and
d. I consent to be bound by all terms of this Agreement.
3. I declare that I am signing this Agreement freely and voluntarily, without fear, threats, coercion, or undue influence from ______ or any other individual.
Dated at ______, ______ this ______
___________________________________
______
Supplementary details
Declarant's Name: ______
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A waiver of independent legal advice (ILA) is a sworn declaration in which you confirm that you were advised to get your own lawyer before signing an agreement, that you chose not to, and that you understand the consequences of proceeding without counsel. It protects the other party (and any lawyer who drafted the agreement) from a later claim that you did not understand what you signed.
Independent legal advice is something a lawyer provides. A notary public cannot give legal advice and cannot tell you whether signing the underlying agreement is in your interest. Our role is strictly to verify your identity, confirm you are signing voluntarily, and administer the oath or affirmation.
Courts, lenders, and lawyers request ILA waivers because Ontario law recognises that one-sided agreements can be set aside if a party proves they did not have a fair opportunity to understand the terms. The waiver is evidence that the opportunity existed and was voluntarily declined.
It is important to understand the limits of what happens at a notary appointment for this document. We commission the signature; we do not replace a lawyer.
The notary will verify your identity, confirm you understand that you are waiving the right to legal counsel, administer the oath or affirmation, and watch you sign. The notary will not explain the underlying agreement, advise you on whether the terms are fair, or tell you what rights you may be giving up. If you have any doubt about the agreement itself, consult a lawyer before your appointment.
The form is short but must clearly identify you, the agreement, and the other party.
Not entirely. Ontario courts can still set aside an agreement if it was unconscionable or obtained through fraud, duress, or undue influence. However, the waiver makes it significantly harder to argue that you simply did not understand what you were signing.
Under section 56(4) of Ontario's Family Law Act, a domestic contract can be set aside if a party did not receive independent legal advice and did not understand the nature or consequences of the contract. A waiver does not guarantee the agreement will survive a challenge. If you can reasonably afford a consultation, getting one is almost always the better choice.
Bring valid government-issued photo ID (driver's licence, passport, Ontario Photo Card, or PR card). The notary checks your identity, confirms you are signing voluntarily and understand you are declining legal advice, and then administers the oath or solemn affirmation. You sign in the notary's presence, and the notary completes the jurat and applies the seal.
Virtual commissioning is permitted under Ontario Regulation 431/20. Both you and the commissioner must be physically in Ontario during the video session. You will need to hold your ID up to the camera and sign the document in real time.
Our fee is a flat $19.90 per notarial stamp. The waiver requires a single jurat, so that is one stamp. Bring the completed waiver (or fill it in using our template) and valid photo ID. The appointment is typically brief, as the form is straightforward.
Frequently asked
Fill it in online, download a ready-to-sign PDF, then bring it in and we will notarize it, in person across Ottawa or online.