NotaryPro’s online document creator is designed to make drafting and commissioning your general Affidavit easy and convenient. Instead of meeting with a notary public in person, you can schedule an online appointment from the comfort of your home or office. Save hours drafting a legal document from scratch, and complete the process in minutes with our Affidavit template.

What is an Affidavit in Canada?

How Do I Create an Affidavit?

A general affidavit should include all the necessary details a judge would need to make a decision about a legal matter. All the information in an Affidavit must be true, accurate, and complete to the best of an affiant’s knowledge. Telling the truth is critical, as knowingly providing false information in an affidavit is considered perjury, which is an indictable offence. 

Below are some of the key elements you should include in your Affidavit: 

• Affiant’s Statement: The affiant must identify themselves as the person making the Affidavit. This section should include the affiant’s name, date of birth, address, nationality, proof of identity, and occupation.

• Knowledge Statement: This is the first paragraph of an Affidavit; it states how an affiant gained personal knowledge of the facts they describe. 

• Body of the Affidavit: This is where an affiant outlines their evidence and explains their story.

• Recipient of Your Affidavit: This section outlines where the Affidavit is going (court, government organization, etc.) and states that the Affidavit isn’t made for unlawful purposes.

• The Jurat: The notary or commissioner will sign, stamp, and date this portion to prove that the affiant swore or affirmed the Affidavit before them. The affiant also signs this portion.

You can attach additional evidence to your Affidavit; evidence attached to your Affidavit is called an exhibit. For example, if you’ve stated that you make an annual salary of $45,000 in your Affidavit, you can attach a recent tax slip as an exhibit.

Does an Affidavit Need to be Commissioned? 

Yes, to be legally valid, an Affidavit must be commissioned by an authorized official, like a notary public. During commissioning, the affiant swears or affirms that the information in their Affidavit is true in front of the official. The authorized official verifies the affiant’s identity, witnesses their signature, and signs and stamps the Affidavit. 

To learn more about what to expect at your notary appointment, see our Affidavit guide. With NotaryPro, you can have your Affidavit commissioned online in under 7 minutes.

When is an Affidavit Required in Canadian by Law?

Typically, an Affidavit is required by Canadian law when a person must provide evidence or support for various legal proceedings. These include, but are not limited to:

• Contract Breach Disputes: Affidavits can be used to outline the terms and conditions of a contract, and how it was allegedly breached (e.g., a landlord-tenant dispute). 

• Property Disputes: An individual can use an Affidavit to help prove ownership of property. In land disputes, an affiant can present evidence to support the locations of boundaries and property lines. 

• Estate administration: An executor can use an Affidavit to outline debts, assets, and a distribution plan. 

• Divorce Cases: Spouses who are divorcing can use an Affidavit to present facts relevant to their case, such as information on debts, assets, or income. 

• Immigration Applications: Affidavits support various immigration applications, such as spousal sponsorship or permanent residency. A Canadian citizen sponsoring their spouse may need to create an Affidavit to describe the nature of their relationship. 

• Criminal Proceedings: An affidavit may be used to outline facts in a criminal case, support bail, or justify a search warrant. A police officer may need to provide an Affidavit to demonstrate the grounds for a search warrant. 

• Child Custody and Access Disputes: A parent can use an Affidavit to explain their involvement in their child’s life, their ability to provide for the child, and why they are suitable to care for their child. 

• Administrative Law: When appealing a decision made by the Canada Revenue Agency or the Canadian Government, relevant facts are often presented in an Affidavit. 

• Will Contestations: An individual can use an Affidavit to detail the circumstances surrounding the creation of a person’s Will. 

• Personal Injury Claims: A witness can use an Affidavit to detail the events leading up to an accident.

• Educational Loans: Applying for post-secondary educational loans may require an Affidavit to prove your relationship status or that you’re a sole support parent. 

• Proof of Vehicle Ownership: If you need to prove that you own a vehicle and have lost its original Bill of Sale, you may need to create an Affidavit.

• Real Estate Transactions: A seller may need to create an Affidavit to affirm property ownership and the absence of legal claims,  disputes, or liens against the property.

Affidavit vs. Statutory Declaration in Canada

Affidavits and Statutory Declarations are written statements of fact that present information with numbered sentences and paragraphs. Both can be used as evidence and must be affirmed to be true before an authorized official, like a notary public. Further, both documents must be witnessed, signed, and stamped by an authorized official. Lastly, Affidavits and Statutory Declarations are subject to the rules of evidence in provincial and federal Canadian courts. This means that providing false information in either document can be considered a criminal offence.

However, there are some differences between an Affidavit and a Statutory Declaration. A Statutory Declaration is usually used outside of court, while an Affidavit is typically used for legal proceedings. Another difference is that a person making a Statutory Declaration is known as a declarant; they declare facts to be true. A person who files an Affidavit is called an affiant, and they swear or affirm facts to be true.