Affidavits come up in court proceedings, immigration applications, financial matters, and everyday legal situations. This guide explains what they are, how they work, and what you need to do to get one properly commissioned.
An affidavit is a written statement of facts that the person making it, called the deponent, swears or affirms to be true. When you sign an affidavit in front of a commissioner, you are formally declaring, under oath or affirmation, that everything written in the document is true to the best of your knowledge.
Affidavits are used in a wide range of situations, from court proceedings to immigration applications to financial and personal matters. They are one of the most common legal documents people encounter in everyday life, even if most people never think of themselves as having legal documents.
An affidavit is not just something you write and sign. For it to be legally valid, it must be commissioned (meaning it must be signed in the presence of an authorized commissioner, who witnesses your signature, confirms your identity, and administers the oath or affirmation.
In Ontario, authorized commissioners include:
The commissioner signs the document after you do, adds their seal or stamp, and records the date and location. Without this commissioning step, the affidavit is not a valid sworn statement.
Do not sign the document before your appointment
Affidavits come up in many different situations. Some of the most common include:
Courts and tribunals, including the Landlord and Tenant Board, Human Rights Tribunal, and various Ontario courts, often require affidavits as part of the evidence you submit. An affidavit allows you to present written evidence in a legally recognized form.
Immigration and Refugee Protection applications frequently require affidavits or statutory declarations. For example, to confirm facts about a relationship, a living situation, or financial circumstances.
Banks, mortgage lenders, and property transactions sometimes require affidavits confirming specific facts. For example, a declaration of marital status or an affidavit confirming a name change.
When a child is travelling internationally with one parent or without their parents, many countries require a notarized or commissioned consent letter from the absent parent(s). While not always technically an affidavit, this often involves a similar commissioning process.
Statutory declarations, close cousins of affidavits, are required in many personal and business situations: changing a name with a government agency, declaring a lost share certificate, making a statement to a professional regulatory body, and more.
These two document types are often confused because they are similar in form and both require commissioning. The key differences:
If you are not sure which type of document you need, the organization requesting it should be able to tell you. If you are still unsure, we can help clarify.
It is worth being clear about what commissioning is, and is not. A commissioner verifies your identity and witnesses your signature. They do not:
If you need help preparing the content of an affidavit or statutory declaration, that is a separate matter. The commissioning step is about the formal witnessing, not the drafting.
If you need an affidavit or statutory declaration commissioned, our licensed commissioners can help. The process is straightforward and typically takes only a few minutes once you arrive with your document and identification.
Reach out through our intake form to let us know what you need and we will confirm availability and next steps.
Our licensed commissioners can help you get your document properly commissioned. Tell us what you need.
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This guide is for general information only. It is not legal advice. Every situation is different, if you need guidance specific to your circumstances, please reach out directly.
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