Affidavit vs Statutory Declaration: Which One Do You Need?
They look similar and both need a commissioner or notary, but they are used in different situations.
An affidavit is a sworn or affirmed written statement mainly used as evidence in court or tribunal proceedings. A statutory declaration is a solemn declaration used outside court, for example by government agencies, insurers and banks. Both must be signed in front of a commissioner of oaths or notary public.
Key differences
| Affidavit | Statutory declaration | |
|---|---|---|
| Typical use | Court and tribunal proceedings | Government, insurance, banking and administrative matters |
| How you confirm it | Swear an oath or affirm | Make a solemn declaration |
| Governing law | Court rules for the proceeding | Canada Evidence Act or Ontario Evidence Act |
| Who witnesses | Commissioner of oaths or notary public | |
Common examples
Affidavits
- Family court and small claims affidavits
- Affidavits of service
- Affidavits supporting a motion
Statutory declarations
- Common-law union declarations
- Lost or stolen document declarations
- Name, identity and residency declarations
How the appointment works
- Bring the complete, unsigned document, any exhibits and photo ID.
- The notary confirms who you are.
- You swear, affirm or solemnly declare that the contents are true.
- You sign, and the notary signs, dates and seals the document and any exhibits.
Making a false statement in an affidavit or statutory declaration is a serious offence. Read your document carefully before your appointment.
Frequently asked questions
Is a statutory declaration the same as an affidavit?
No. Both are written statements you confirm are true in front of a commissioner or notary, but an affidavit is sworn or affirmed and is mainly used in court proceedings, while a statutory declaration is a solemn declaration usually used outside court.
Which law covers statutory declarations in Ontario?
Statutory declarations for federal matters are made under the Canada Evidence Act, and those for Ontario matters under Ontario’s Evidence Act. The form you’re given will usually say which applies.
Do I need a lawyer to write one?
Not always. Many agencies provide their own form. A notary can witness it but can’t give legal advice about what it should say; for that, speak with a lawyer or licensed paralegal.
What are exhibits?
Exhibits are documents attached to an affidavit and referred to in it. Each exhibit is marked and signed by the commissioner or notary.
Can I sign before my appointment?
No. You sign in front of the notary after swearing an oath or making a solemn declaration.
Related: Book an affidavit or declaration · Notary vs commissioner
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