Statutory Declaration vs. Affidavit: What's the Difference?
By Secure Commission · Updated
People often use "affidavit" and "statutory declaration" interchangeably, but they are different documents used in different settings. Choosing the wrong one can mean your paperwork gets rejected.
What is an affidavit?
An affidavit is a written statement of facts that the person making it (the deponent) swears or affirms is true in front of a commissioner of oaths. Affidavits are most often used as evidence in court or tribunal proceedings, for example in family law, estates or civil matters.
What is a statutory declaration?
A statutory declaration is a written statement that the declarant solemnly declares is true, made under federal or provincial evidence legislation. It is typically used outside of court, for example for:
- Government applications and forms
- Insurance claims
- Banking and financial matters
- Confirming facts such as identity, residence or a lost document
What they have in common
- Both must be signed in front of (or, in Ontario, by video with) a commissioner of oaths or other authorized person
- Both are formal statements that the contents are true
- Both carry serious consequences if a statement is knowingly false
How to know which one you need
The organization asking for the document will almost always tell you. If the form says "affidavit," use an affidavit. If it says "statutory declaration" or "solemn declaration," use that. If you are unsure, ask the receiving organization before your appointment.
Both documents can be commissioned remotely in Ontario. Book an appointment or read our FAQ.
Frequently asked questions
Which one do I need?
Use whatever the receiving organization asks for. Courts and tribunals usually ask for affidavits; government forms, insurance claims and financial institutions usually ask for statutory declarations.
Is there a legal difference in how seriously they are treated?
Both are formal statements made under oath or solemn declaration. Knowingly making a false statement in either can lead to serious legal consequences.
Can both be commissioned online in Ontario?
Yes, as long as the receiving organization accepts remote commissioning and the requirements of O. Reg. 431/20 are met.
This guide is general information about remote commissioning in Ontario and is not legal advice.
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