Who can commission an affidavit in Canada?

Lawyers, paralegals in Ontario, notaries public, judges, justices of the peace and people specifically appointed as commissioners for taking oaths can commission affidavits. Banks, Service Ontario offices and some municipal clerks also offer the service for a fee.

What is the difference between an oath and an affirmation?

An oath is a religious undertaking to tell the truth, typically sworn on a sacred text. An affirmation is a solemn, non-religious declaration. Both have the same legal effect under the Canada Evidence Act and provincial evidence statutes, and you can choose either.

Do I have to attend in person?

Traditionally yes, but since 2020 most provinces have permitted virtual commissioning by video conference, provided the commissioner can see and hear the deponent and confirm their identity. Check the current rules of your province and the specific court before relying on remote commissioning.

Can I use an affidavit from another country?

Foreign affidavits can generally be used in Canadian proceedings if they are sworn before a person authorised in that jurisdiction, such as a notary public or Canadian consular officer. Authentication or an apostille under the Hague Convention may be required.

What happens if I get a fact wrong?

If you realise an affidavit contains an error, swear a supplementary affidavit correcting the mistake as soon as possible. Intentionally false statements can result in criminal charges for perjury under section 131 of the Criminal Code.

How do I add exhibits?

Attach each document, label it Exhibit A, B, C and so on, and have the commissioner stamp or endorse each exhibit confirming it was identified at the time the affidavit was sworn. Refer to the exhibits by letter in the numbered paragraphs.

Are affidavits confidential?

Once filed with a court, an affidavit generally forms part of the public record unless a sealing order or publication ban is made. Think carefully before including sensitive personal, financial or medical information and consider a confidentiality order if necessary.

Does the affidavit need to be notarized?

A notary public is one of the people who can commission an affidavit, but a commissioner for taking oaths is equally valid in most Canadian provinces. The key requirement is that the person is authorised under the relevant statute.

LegalCanada

Affidavit Template

An affidavit is a written statement of facts sworn or affirmed before a commissioner for taking oaths or a notary public, used as evidence in Canadian courts and administrative proceedings. Our free template follows the formatting expected under the Canada Evidence Act and provincial evidence legislation, with space for jurat, signatures and exhibits.

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AFFIDAVIT

General Statement Of Fact – Province Of Ontario, Canada · Court File No. CV-26-00123456-0000

DEPONENT

FULL LEGAL NAME	Karen Elizabeth Wright
ADDRESS	55 Bay Street, Suite 2100, Toronto, ON M5J 2T7
PROVINCE / TERRITORY	Ontario
OCCUPATION	Senior Accountant

Sworn: March 25, 2026, Toronto

in support of my application to the Ontario Superior Court of Justice

I, Karen Elizabeth Wright, of 55 Bay Street, Suite 2100, Toronto, ON M5J 2T7, in the Province of Ontario, Senior Accountant, MAKE OATH AND SAY AS FOLLOWS:

1. I am the applicant in this proceeding and have personal knowledge of the matters set out below.

2. I have been a resident of the City of Toronto, Province of Ontario, since January 15, 2018, and I continue to reside at the address stated above.

3. The documents attached hereto as Exhibits "A" through "C" are true copies of the original documents in my possession.

I make this affidavit in support of my application to the Ontario Superior Court of Justice and for no other or improper purpose.

Note: This affidavit is made pursuant to the Canada Evidence Act (R.S.C., 1985, c. C-5) and applicable provincial evidence legislation. Making a false statement under oath constitutes perjury under Section 131 of the Criminal Code of Canada.

JURAT

SWORN (or solemnly declared) before me at Toronto, in the Province of Ontario, on March 25, 2026.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

DEPONENT

Karen Elizabeth Wright

Date: ____________________

COMMISSIONER FOR TAKING AFFIDAVITS

James A. Patterson

Date: ____________________

What Is an Affidavit?

An affidavit is a formal written statement of fact voluntarily made by a person (the deponent or affiant) under oath or solemn affirmation. It is admissible in evidence under the Canada Evidence Act, R.S.C. 1985, c. C-5 in federal proceedings and under provincial statutes such as the Evidence Act, R.S.O. 1990, c. E.23 in Ontario. The person taking the oath or affirmation must be a commissioner for taking affidavits or a notary public authorised under legislation such as the Notaries Act, R.S.O. 1990, c. N.6.

Affidavits are used in almost every kind of Canadian legal proceeding: supporting motions in civil litigation, applications in family court, probate filings under the Succession Law Reform Act, immigration and citizenship matters, corporate resolutions, and real estate transactions. They allow parties to put evidence before a decision-maker without attending in person, provided the deponent is available for cross-examination if challenged.

Because an affidavit is sworn evidence, deliberately swearing a false statement is a serious offence. Under sections 131 to 134 of the Criminal Code, R.S.C. 1985, c. C-46, perjury and making a false statutory declaration carry penalties of up to 14 years’ imprisonment. A properly drafted affidavit sets out only facts within the deponent’s personal knowledge, or identifies information believed to be true and the source of that belief.

What's Covered in This Template

Our affidavit template includes every element Canadian courts and registries expect.

Court or Tribunal Heading

Style of cause, court file number, names of parties and level of court where the affidavit will be filed.

Deponent Details

Full legal name, city of residence, occupation and relationship of the deponent to the matter.

Oath or Affirmation Clause

Standard opening wording (“MAKE OATH AND SAY” or “SOLEMNLY AFFIRM”) that starts the body of the affidavit.

Numbered Paragraphs

A clear statement of facts in short, numbered paragraphs, each limited to one topic.

Sources of Information and Belief

Language required by the Rules of Civil Procedure for facts not within the deponent’s personal knowledge.

Exhibits

References to documents marked as Exhibit A, Exhibit B and so on, with exhibit stamp wording.

Jurat

Standard closing block recording where and when the affidavit was sworn or affirmed.

Deponent Signature

Line for the deponent to sign in the presence of the commissioner or notary.

Commissioner / Notary Details

Name, title, appointment expiry date and signature of the person before whom the affidavit is sworn.

Interpreter Declaration (Optional)

Space for a certified interpreter to confirm the contents were read in a language the deponent understands.

How to Create an Affidavit

Follow these steps to prepare a clear, admissible affidavit.

1
Identify the Proceeding
Confirm the court, file number and style of cause the affidavit will support.
2
Draft the Facts
Set out the relevant facts in numbered paragraphs, keeping each paragraph short and focused on one point.
3
Attach Exhibits
Mark each supporting document as an exhibit and refer to it by letter in the body of the affidavit.
4
Review for Accuracy
Read the draft carefully to confirm every statement is true and that nothing is misleading or argumentative.
5
Swear or Affirm Before a Commissioner
Sign the affidavit in front of a commissioner for oaths or a notary public, who will complete the jurat.

Legal Considerations

Several Canadian statutes and rules govern the form and content of affidavits.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.

Reviewed for Canadian law

Evidence Acts

The Canada Evidence Act, R.S.C. 1985, c. C-5 governs the admissibility of affidavits in federal proceedings. Each province has its own evidence legislation, for example the Evidence Act, R.S.O. 1990, c. E.23 in Ontario, which sets out rules for oaths, affirmations and the admission of documents. These statutes confirm that an affirmation has the same effect as an oath.

Commissioners and Notaries

An affidavit must be sworn before a person authorised to administer oaths. Ontario lawyers and paralegals are commissioners by virtue of office under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17, and notaries public are appointed under the Notaries Act, R.S.O. 1990, c. N.6. Other provinces have similar legislation. The commissioner must see the deponent sign and complete the jurat with the date and place.

Perjury and False Statements

Deliberately swearing a false affidavit is a criminal offence. Sections 131 to 134 of the Criminal Code, R.S.C. 1985, c. C-46 create offences of perjury and making a false statutory declaration, punishable by up to 14 years’ imprisonment. Courts can also strike out affidavits that are argumentative, contain hearsay without proper disclosure, or fail to comply with the rules of court.

Information and Belief

Under rules such as Rule 4.06 and Rule 39.01 of Ontario’s Rules of Civil Procedure, O. Reg. 194/90, affidavits on motions may include information and belief if the source is identified. Affidavits on applications and for final relief generally must be limited to facts within the deponent’s personal knowledge. Breaching these rules can cause evidence to be rejected.

Frequently Asked Questions

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Draft a clear, court-ready affidavit in minutes. Fill in the facts, add your exhibits and download a PDF to sign before a commissioner or notary.

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