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Basics

Affidavit vs. statutory declaration

Two similar-looking sworn documents — and when each one is used.

Mon, Sep 14, 2026Related service: Affidavit

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Affidavit

A written statement sworn under oath or solemnly affirmed before a commissioner, typically for court proceedings, estate filings and OSAP. It ends with a formal jurat naming the commissioner and the place and date.

Statutory declaration

A solemn declaration made under the Canada Evidence Act (or Ontario Evidence Act) where a court affidavit is not required — common for government departments, common-law unions, insurance claims and lost documents.

What they share

Both are made in front of an authorized commissioner, both carry the same penalty for making a false statement, and in most cases you must sign in the commissioner’s presence — not in advance.

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Affidavit vs. statutory declaration | eNotaryPublic.ca