Who Can Sign an Affidavit in Ontario?
Table of Contents
Key Takeaways
- Only a notary public or commissioner of oaths can commission/sign your Affidavit in Ontario
- Lawyers and paralegals licensed with the Law Society of Ontario are automatically commissioners of oaths
- You must sign your Affidavit in front of the commissioner — signing it beforehand makes it invalid
- A notary public has broader authority than a commissioner and is required for international use
- You can get your Affidavit commissioned online in as little as 7 minutes through NotaryPro
Do you know who can sign an Affidavit in Ontario? The answer isn’t as simple as you might think. Many people assume any trusted adult can witness their signature and make the document valid. They can’t. If your Affidavit is commissioned by someone who isn’t authorized, it will be rejected.
Why are the rules so strict? That’s because an Affidavit carries the same legal weight as sworn testimony in court, meaning the commissioning process must meet Ontario’s strict legal requirements.
Keep reading to learn exactly who can sign an Affidavit in Ontario, what commissioning means, and how to complete the process quickly and legally. If you already know what you need, you can create your Affidavit now and get started right away.
What is an Affidavit?
An Affidavit is a written statement of facts that you swear or affirm to be true. The person who makes the statement is called the affiant (the person who signs the Affidavit). You sign the document in front of an authorized official, who then commissions it.
Because an Affidavit is a sworn statement, it carries serious legal weight. Providing false information in an Affidavit is considered perjury under Ontario law and can result in criminal charges.
Affidavits are governed in Ontario under the Commissioners for Taking Affidavits Act and the Notaries Act.
What is the Purpose of an Affidavit?
Affidavits serve as formal sworn evidence in Ontario when you need to confirm facts in writing. They are used in place of live testimony and are accepted by courts, government bodies, and institutions across the province.
When Do You Need an Affidavit?
Affidavits serve as formal sworn evidence in Ontario when you need to confirm facts in writing. They are used in place of live testimony and are accepted by courts, government bodies, and institutions across the province.
Many situations require an Affidavit. According to the Government of Ontario, common situations include:
- Appearing in small claims, family, or civil court
- Transferring or gifting a used vehicle
- Applying for a municipal licence
- Applying for immigration status or sponsoring a family member
- Completing a banking or financial transaction that requires a sworn statement
Other purposes include:
- Confirming your identity, address, or name change
- Assisting with real estate, banking, or insurance transactions
- Confirming consent for travel, medical decisions, or school enrollment
- Identifying legal heirs in estate matters
Need an Affidavit for any of these situations?
Who Needs to Sign an Affidavit in Ontario?
The following people are authorized to commission an Affidavit in Ontario:
- Notary public
- Commissioner of oaths
- Lawyers and paralegals licensed with the Law Society of Ontario (automatically commissioners by law)
- Judges and justices of the peace
- Court clerks acting in their official capacity
- Municipal clerks acting in their official capacity
The following people cannot commission your Affidavit: friends, family members, employers, coworkers, or notaries from other provinces who are not authorized to act in Ontario.
“One of the most common mistakes we see is people signing their Affidavit before their appointment. That signature is invalid because you must sign in front of the commissioner. If you’ve already signed it, the document needs to be redone.” — Candice Webster, Commissioner of Oaths, NotaryPro
What Is the Difference Between a Notary Public and a Commissioner of Oaths?
Both a notary public and a commissioner of oaths can commission your Affidavit. However, they have different levels of authority. Knowing the difference helps you choose the right service for your document.
What a Commissioner of Oaths Can Do
A commissioner of oaths can administer oaths, affirmations, and declarations for use within Ontario. This means they can legally commission your Affidavit for most purposes within the province, including court proceedings, vehicle transfers, and government applications.
However, a commissioner of oaths cannot:
- Certify true copies of original documents
- Verify the authenticity of signatures
- Administer oaths for federal or international use
What a Notary Public Can Do
A notary public has all the powers of a commissioner, plus more authority. As well as commissioning Affidavits, a notary public can:
- Certify true copies of original documents
- Verify the authenticity of signatures for domestic and international use
- Administer oaths for federal government purposes
If your Affidavit is going to be used outside Ontario or for international purposes, you need a notary public. For most Affidavits used within Ontario, a commissioner of oaths is sufficient.
For a complete explanation of notary services, read: Who Can Notarize a Document in Ontario?
Need an Affidavit for any of these situations?
Does an Affidavit Need to Be Commissioned?
To be valid, your Affidavit must be commissioned by an official authorized to administer oaths and affirmations by law. This official can be a notary public. During your notary services appointment, you will swear or affirm that the information in your Affidavit is true before the authorized official.
To “swear” is to make an oath on a religious text (for instance, the Torah or the Bible). To “affirm” is to make a solemn promise you profess to be true. The law will view your evidence equally, whether you affirm or swear your Affidavit.
You can meet with a notary public virtually, and have your Affidavit commissioned online in under 7 minutes. Simply book an online notary appointment to access trusted notary services from the comfort of your home or office! You can meet with a notary around your schedule, from any device — including your smartphone or tablet.
Here is what you can expect during your appointment with a notary:
- An authorized official will confirm your identity and that you’ve made your statements voluntarily.
- The official will ensure you understand what you are signing.
- You’ll swear or affirm that the contents of your affidavit are true and complete.
- You will also sign the document, and the official will witness your signature.
- The official will sign the document and add their official notary seal.
Check out our blog, Finding a Commissioner of Oaths Near You, to learn more about how commissioning works.
How to Get Your Affidavit Commissioned in Ontario
Getting your Affidavit commissioned in Ontario is straightforward when you know the steps. Here’s exactly what to do.
Step 1: Draft Your Affidavit
Write a clear, factual statement of what you need to swear or affirm. Your Affidavit should only include information you know to be true. If you’re unsure how to word it, NotaryPro’s custom Affidavit drafting service can help you build a legally accurate document.
Step 2: Do Not Sign It Yet
Do not sign your Affidavit before your appointment. You must sign it in the commissioner’s presence. Signing in advance is one of the most common errors and will make the document invalid.
Step 3: Book Your Appointment
Book an in-person or online notary appointment. Online appointments are available from anywhere in Ontario with a Wi-Fi connection and take as little as 7 minutes to complete.
Step 4: Bring Valid Government-Issued ID
The commissioner must verify your identity before administering the oath. Bring a valid, government-issued photo ID such as a driver’s licence or passport.
Step 5: Sign and Swear (or Affirm)
In the presence of the commissioner, you sign the Affidavit and swear an oath that its contents are true. If you have religious objections to swearing an oath, you may affirm instead. Both swearing an oath and making an affirmation are legally valid.
Step 6: Receive Your Commissioned Affidavit
The commissioner signs and stamps the document. Your Affidavit is now legally valid and ready for submission.
Frequently Asked Questions
Who Can Legally Sign an Affidavit in Ontario?
Only an authorized official can commission your Affidavit in Ontario. This includes a notary public, a commissioner of oaths, or a lawyer or paralegal licensed with the Law Society of Ontario. Friends, family members, and employers are not authorized and cannot sign an Affidavit.
Can a Lawyer sign or Commission an Affidavit in Ontario?
Yes. Every lawyer and paralegal licensed with the Law Society of Ontario is automatically a commissioner of oaths. They can commission your Affidavit as part of their legal services or as a standalone service.
How Much Does an Affidavit Cost in Ontario?
Using a lawyer or a paralegal to draft and commission a simple Affidavit can cost $150.00 or more + 13% HST with higher prices for more complex cases.
You can create your Affidavit at no cost with the free template from NotaryPro. You can then use NotaryPro’s Commissioner of Oaths service to have your Affidavit commissioned online for $43.95 + 13% HST or in person for $48.85 + 13% HST. In a rush? NotaryPro also offers an Online Instant Notary Service (same day/on demand) for an extra $8.95 + 13% HST.
Do Affidavits Need to Be Notarized in Ontario?
Most Ontario Affidavits require commissioning, not notarization. A commissioner of oaths can commission your Affidavit for use within Ontario. Notarization (done in person by a notary public) is required for certifying true copies and for documents used internationally. The two terms are often used interchangeably, but they are technically different services.
Can I Sign My Affidavit Before My Appointment?
No. You must sign your Affidavit in the presence of the commissioner. If you sign it before your appointment, the commissioning will be invalid, and you will need to redo the document.
Can Someone from Another Province Commission My Affidavit?
Generally, no. If your Affidavit is to be used in Ontario, it should be commissioned by someone authorized to act in Ontario. A commissioner from another province does not automatically have the authority to commission an Ontario Affidavit.
What Happens If My Affidavit Is Improperly Commissioned?
An improperly commissioned Affidavit will be rejected by the court, government body, or institution receiving it. You will need to redo the entire process, which can delay important proceedings.
Next Step: Complete Your Affidavit
Knowing who can sign an Affidavit in Ontario is the first step. Taking action is the next one.
Remember, drafting your Affidavit is not enough. Your document must be commissioned by an authorized official to be legally valid. An improperly commissioned Affidavit will be rejected, costing you time, money, and potentially delaying important legal proceedings.
NotaryPro makes the process fast, simple, and legally sound. You can draft your Affidavit and have it commissioned online in as little as 7 minutes from anywhere with a Wi-Fi connection. No travel required.