Affidavits and statutory declarations look alike on paper and are commissioned in a similar way, so it is easy to mix them up. The difference usually comes down to where the document is going.
Affidavits
An affidavit is a written statement of facts that you swear or affirm is true. Affidavits are most closely associated with legal proceedings: court files, tribunal hearings and similar matters. They are also used by many organizations outside court when a sworn statement is required, such as OSAP.
Statutory declarations
A statutory declaration is a written statement of facts that you solemnly declare is true. It is typically used outside court, for government programs, insurers, employers, schools and other institutions that need a formal, reliable statement.
Side by side
- How it is made: affidavits are sworn (with an oath) or affirmed; statutory declarations are solemnly declared.
- Typical use: affidavits for court, tribunals and some programs; statutory declarations for administrative and institutional purposes.
- Who commissions it: both can be commissioned by a commissioner for taking affidavits or a notary public.
- Legal weight: both carry real legal consequences if the contents are false.
Which one should you use?
Use whatever the requesting organization asks for. If a form is titled “Statutory Declaration,” it should be completed as a statutory declaration; if it says “Affidavit,” it should be sworn or affirmed. If you have only been told to provide “a sworn statement,” ask the organization which format they accept.
At your appointment
Either way, bring the document unsigned along with valid photo ID. We will administer the oath, affirmation or declaration, witness your signature and apply our stamp. We do not choose the format or write the content for you.
Related reading
- What is a statutory declaration?
- Swearing an affidavit for court
- Free template: General Affidavit (Ontario)
- Free template: Statutory Declaration
- OSAP affidavits in Hamilton
Book with Crown Seal Notary
Crown Seal Notary serves Hamilton and the surrounding area seven days a week. In-office appointments are available at 21 King St W, 5th Floor, and our mobile service comes to your home, workplace, hospital or care home. To book, call 289-207-0851, email info@csnotary.org, or book online. You can also browse all of our services or read our FAQs.
Please note: Crown Seal Notary provides notarization and commissioning services only. We do not provide legal, immigration or financial advice, and we cannot tell you what to write in your document. If you are unsure which document you need, please check with the organization that asked for it or speak with a lawyer or licensed paralegal.
