Affidavit or statutory declaration — which one do you need?

These two arrive at appointments interchangeably, and people are often surprised to learn they are not the same document. The forms look alike, the process feels alike, and both cost $80. But they do different jobs, and using the wrong one can get your submission rejected.

An affidavit is sworn evidence

An affidavit is a written statement of fact that you swear on oath, or affirm, to be true. Its natural home is a legal proceeding — it is how evidence gets put in front of a court without the witness standing in the box. Because it is evidence, it carries the weight of evidence: swearing a false affidavit is a serious offence.

If a court, tribunal, or lawyer asked you for the document, it is very likely an affidavit.

A statutory declaration is a formal assertion

A statutory declaration is a solemn declaration that something is true, made outside of court proceedings. It is what institutions ask for when they need a formal, on-the-record statement but there is no litigation involved — confirming common-law status, declaring a lost document, confirming parentage, or the passport declaration in lieu of a guarantor.

If a government department, a bank, an insurer, or a university asked for it, it is usually a statutory declaration.

The practical differences

• Affidavit — sworn on oath or affirmed; typically for court or tribunal use; wording ends with a jurat noting where and before whom it was sworn
• Statutory declaration — solemnly declared; typically for administrative and institutional use; wording states the declaration is made conscientiously believing it to be true
• Both must be signed in front of an authorized person — never before
• Both are $80 at Notarys Canada

What happens at the appointment

Bring the completed but unsigned document and photo identification. I confirm your identity, ask whether you wish to swear or affirm — affirming carries identical legal weight and is available to anyone who prefers not to swear an oath — and then you sign in front of me. I complete the jurat and apply the seal.

One thing I will not do is tell you what to put in it. I do not draft documents or advise on their contents. If the wording is the hard part, that is a conversation for a lawyer before you book.