Commissioning Sworn Declarations and Affidavits in Ontario

If you have ever been asked to sign a legal document in front of a Commissioner of Oaths or Notary Public, you may have wondered what the process involves and why it is necessary. In Ontario, sworn declarations and affidavits are commonly required for court matters, government applications, and other legal or administrative purposes.

At Affordable Markham Notary Public, we regularly assist clients with commissioning affidavits, sworn declarations, and affidavits of service. Here is what you should know.

What Is a Sworn Declaration?

A sworn declaration is a written statement where you formally declare that the information provided is true. This declaration must be signed in front of an authorized official, such as a Commissioner of Oaths or Notary Public.

Individuals are often asked to complete sworn declarations when:

• Applying for government services or benefits

• Confirming identity or residency

• Providing supporting information for legal matters

• Completing business or corporate documentation

Sometimes the declaration is provided as a pre-made form, while other times you may need to draft the statement yourself.

Commissioner of Oaths vs. Notary Public

Many people are unsure about the difference between a Commissioner of Oaths and a Notary Public.

A Commissioner of Oaths is authorized by the Province of Ontario to witness signatures on sworn declarations, affidavits, and oaths.

A Notary Public can also administer oaths and affirmations, but additionally has the authority to certify true copies of documents and notarize documents for use internationally or outside Ontario.

Some forms specifically require a Notary Public, while others may simply require a Commissioner of Oaths.

One of the most common documents we commission in our office is the Affidavit of Service.

What Is an Affidavit of Service in Ontario?

An Affidavit of Service is a sworn legal document that confirms that court documents were properly delivered to another party.

The affidavit typically confirms:

• Who was served

• When they were served

• Where the service took place

• How the documents were delivered

• What documents were served

Ontario courts rely on this affidavit as proof that documents were properly served. Without a completed Affidavit of Service, court filings may be considered incomplete.

Who Can Complete an Affidavit of Service?

Only the individual who actually served the documents can complete and swear the Affidavit of Service. The person signing the affidavit is known as the “affiant.”

The affidavit must then be sworn or affirmed before an authorized official.

Requirements for a Valid Affidavit of Service

For an Affidavit of Service to be legally valid in Ontario, several requirements must be met:

• The affiant must prepare and sign the affidavit

• The affiant must swear or affirm that the contents are true

• The affidavit must be witnessed by an authorized official

• The official must verify the affiant’s identity

• The official must confirm that the affiant understands the contents of the document

Authorized officials who can administer the oath or affirmation include:

• Notary Publics

• Commissioners of Oaths

• Lawyers

• Judges

• Justices of the Peace

When Is an Affidavit of Service Required?

Affidavits of Service are commonly required in many Ontario court matters.

Civil Court Matters

Examples include:

• Statements of Claim

• Motion Records

• Applications

• Defendant or Respondent materials

Family Court Matters

Examples include:

• Form 8 Applications

• Motions to Change

• Financial Statements

• Parenting or support motions

Small Claims Court Matters

Examples include:

• Plaintiff’s Claims

• Defendant’s Claims

• Motions and garnishments

• Court orders

Common Ontario Affidavit of Service Forms

Different courts use different affidavit forms. Some of the most common include:

Form 16B – Rules of Civil Procedure

Used for Superior Court civil matters.

Form 6B – Family Law Rules

Used in family law proceedings such as divorce, parenting, and support matters.

Form 8A – Small Claims Court Certificate of Service

Used for Small Claims Court proceedings.

What Information Must Be Included?

A properly completed Affidavit of Service should include:

• Full name of the person who served the documents

• Address of the server

• Date and time of service

• Exact location of service

• Method of service

• Description or identification of the recipient

• List of documents served

• Signature of the server

• Signature and stamp of the Commissioner or Notary Public

Need an Affidavit or Sworn Declaration Commissioned in Markham?

If you need assistance with an Affidavit of Service, sworn declaration, or other notarized documents, we are here to help.

Contact us today to book an appointment and ensure your documents are completed correctly and professionally.: https://www.affordablemarkhamnotary.com/book-online