The documents
Affidavits, statutory declarations, oaths and affirmations
All four are ways of confirming, formally and on the record, that what a document says is true. The organization asking for it usually tells you which one it needs.
Affidavit
A written statement of facts that you swear or affirm is true before a commissioner. Affidavits are the usual way to put evidence before a court or tribunal without testifying in person, and they are used in family, civil, small claims and estate matters. For court use, Ontario’s rules require an affidavit to be written in the first person, in numbered paragraphs, and generally limited to facts you know personally. The commissioner signs the “jurat” at the end, which records where and when it was sworn.
Statutory declaration
A written statement you “solemnly declare” to be true, conscientiously believing it and knowing it has the same force and effect as if made under oath. The wording comes from Ontario’s Evidence Act, or from the federal Canada Evidence Act for federal forms. Declarations are common outside court: on government and immigration forms, for insurers, pension plans and banks, and to explain a lost or missing document.
Oath or affirmation
These are the two ways of swearing to an affidavit. An oath is a religious promise, usually taken on a holy book or in whatever form binds your conscience. An affirmation is a solemn, non-religious promise. Ontario law gives them exactly the same force, so choose whichever is right for you; the document is equally valid either way.
A serious promise
Swearing, affirming or declaring something you know to be false can be a criminal offence, and a court or government body that relies on it can reverse its decision. The commissioner doesn’t check whether your statements are true, so read every page before you come and ask the person who prepared it about anything you don’t understand.
Who can do it
Who can commission documents in Ontario
Under Ontario’s Commissioners for Taking Affidavits Act, some people are commissioners automatically because of their office, and others are appointed.
Commissioners by virtue of office
The regulation that lists them, O. Reg. 386/12, includes lawyers and paralegals licensed by the Law Society of Ontario, judges and justices of the peace, members of the provincial legislature and some of their constituency staff, and (since March 1, 2026) articling students and law practice program candidates for work done as part of that training. Some offices carry limits: municipal clerks can commission only within their area, police officers only as part of their duties, and ServiceOntario staff only when serving the public. Rosalie Wannes is a commissioner because she is a lawyer licensed by the Law Society of Ontario.
Appointed commissioners
The Attorney General can appoint other adults as commissioners for a renewable three-year term, often limited to a purpose, such as an employer’s documents, or to a territory. A commissioner with limits must show them on a stamp under their signature. If a document is refused because of a commissioner’s limits, it has to be sworn again.
Commissioner or notary?
A commissioner takes affidavits and administers oaths, affirmations and declarations. Certifying that a copy is a true copy of an original, and notarizing documents for use abroad, are notary services, covered on our notary public page. Many documents going outside Canada need a notary rather than a commissioner.
What a commissioner does, and doesn’t do
- Confirms who you are and that the signature is genuinely yours
- Administers the oath, affirmation or declaration, then signs the jurat
- Marks and signs each exhibit
- Doesn’t confirm that the contents are true
- Can’t commission their own affidavit
If you want legal advice on what a document says, rather than just having it commissioned, tell us when you book.
Why Wannes Law
A Toronto law firm that keeps you informed
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A licensed Ontario lawyer
Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.
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Fees before you commit
Instant online quotes and published flat fees, so you know the cost before you retain us.
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Every step explained
Plain-language explanations of what happens, what you provide and what we handle, at every stage.
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Direct access
Reach your lawyer and law clerk directly by phone and email while your matter is underway.
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Sign in person or remotely
Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.
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English, Armenian and Arabic
Talk through your matter in the language you are most comfortable with.
Common documents
What people bring to be sworn or declared
Whether you live in Scarborough, North York, Markham or elsewhere in the GTA, these are typical documents that need a commissioner.
Court and estate documents
- Affidavits for family, civil and Small Claims Court proceedings, including affidavits of service
- Estate affidavits, such as a witness’s affidavit confirming how a will was signed, used in probate applications
- Financial statements and other sworn forms in family matters
- Affidavits for tribunal proceedings
Government and immigration
- Statutory declarations on federal and provincial forms
- Declarations supporting spousal and family sponsorship, such as a declaration of common-law union
- Declarations for a lost or replacement document
- Declarations of identity, residence or relationship
Personal and business
- Declarations requested by banks, insurers and pension plans, including after a death
- Declarations required in a real estate transaction
- Affidavits and declarations for a corporation, signed by an officer or director
- Consent letters for children travelling without both parents, where the other country or airline asks for a sworn or certified letter
Not sure whether yours needs a commissioner or a notary? Upload it in the quote form and we’ll tell you.
How it works
What happens at the appointment
Most commissioning takes one short appointment at our office at 3319 Sheppard Ave E, Suite 103, in Toronto.
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Step 1: Upload the document for a quote
Choose commissioner of oaths, or affidavit or declaration, in the quote form and upload the document. Seeing it lets us confirm it can be commissioned as drafted and quote a fee.
You provide
- The complete document, with every exhibit
- Who it is for, and any instructions they gave you
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Step 2: Check it before you come
Read every paragraph. Leave the signature and jurat blank. Make sure every exhibit mentioned in the text is attached in the right order and labelled (Exhibit A, B, C). If the document is in a language you don’t read, tell us in advance: it has to be translated or interpreted for you before you can swear to it. We serve clients in English, Armenian and Arabic.
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Step 3: Swear or declare, and sign
You show valid government-issued photo ID, confirm you have read the document, and swear, affirm or declare that it is true. You then sign each place where your signature is needed, in front of the commissioner.
You provide
- Valid government-issued photo ID
- The unsigned document and exhibits
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Step 4: The commissioner completes it
The commissioner completes and signs the jurat with the date and place, adds their name and title, and marks and signs each exhibit, for example “This is Exhibit A referred to in the affidavit of…”. You leave with the commissioned original.
We handle
- Identity check
- Jurat and exhibit certificates
By video
Virtual commissioning in Ontario
The general rule is that you swear in the commissioner’s physical presence. Ontario’s O. Reg. 431/20 allows an exception by video, on conditions (as of 2026).
What the regulation requires
- A live video connection that lets everyone see, hear and communicate in real time, for the whole transaction
- The commissioner confirms your identity
- A modified jurat or declaration stating that it was done under the regulation, and where you and the commissioner each were at the time
- The commissioner takes reasonable precautions, including making sure you understand what you are signing, and keeps a record
How it works with us
Where virtual commissioning is permitted and suits the document, we review it with you by video while you sign the paper original, and you then courier the original to our office to be completed. It works well for a client who is travelling, lives outside the GTA, or can’t easily come in. Plan for courier time if you have a filing deadline.
When in-person is better
Some courts, government bodies, banks and foreign authorities have their own rules and may still expect a document sworn in person, and documents with many exhibits are easier to handle at a table. Ask the organization receiving it before you book a video appointment. A document going abroad usually needs a notary rather than a commissioner, whichever way it is signed.
Get it right first time
Why sworn documents get rejected, and how to avoid it
A document that is refused usually has to be sworn again, sometimes after a deadline has passed. These are the common reasons.
Before the appointment
- Signed in advance. The commissioner must be satisfied the signature is yours; if you have already signed, bring a fresh unsigned copy
- Blanks left in the text, or handwritten changes nobody initialled
- Exhibits referred to but not attached, or attached in the wrong order
- An old version of a government form that the receiving body no longer accepts
At signing
- Jurat missing the date or place, or the commissioner’s name and title
- Exhibits not marked and signed by the commissioner
- A remote document without the modified jurat the regulation requires
- Photo ID that is expired or doesn’t match the name on the document
Documents for use abroad
- Ontario’s Official Documents Services won’t authenticate or apostille a document commissioned only by a commissioner for taking affidavits
- Documents for foreign governments usually need a notary public instead
- Check whether a translation is needed, and whether it must also be sworn
Fees
Quoted from your document
Fees depend on the document and the number of pages and exhibits. Upload it in the quote form for a detailed quote before you book. See all our legal fees.
Questions
Commissioner of oaths questions
Is a lawyer a commissioner of oaths in Ontario?
Yes. Lawyers and paralegals licensed by the Law Society of Ontario are commissioners for taking affidavits by virtue of their licence, so they can take affidavits and administer oaths, affirmations and statutory declarations anywhere in Ontario.
What is the difference between an affidavit and a statutory declaration?
An affidavit is sworn or affirmed and is mainly used as evidence in court or tribunal proceedings. A statutory declaration is solemnly declared in a form set by the Evidence Act, and is mainly used for government, business and administrative purposes. Both carry the same legal weight as a statement under oath.
Is an affirmation as valid as an oath?
Yes. Ontario’s Evidence Act gives an affirmation the same force and effect as an oath. You choose whichever suits you.
Can documents be commissioned virtually in Ontario?
Yes, if the conditions in O. Reg. 431/20 are met: a live video connection throughout, confirmation of your identity, and a modified jurat that records the locations. We offer virtual commissioning where it is permitted and suits the document; check first that the organization receiving it will accept it.
Can I sign the document before I come in?
No. You sign in front of the commissioner, who must be satisfied that the signature is yours. If you have already signed, bring an unsigned copy.
Does the commissioner check that my affidavit is true?
No. The commissioner confirms your identity and administers the oath or declaration. You are responsible for the contents, and knowingly swearing to something false can be a criminal offence.
What is the difference between a commissioner of oaths and a notary public?
A commissioner takes affidavits and administers oaths, affirmations and declarations. A notary can also certify true copies and notarize documents, which is often needed for use outside Canada. Documents commissioned only by a commissioner can’t be apostilled by Ontario’s Official Documents Services.
I am outside Ontario. Can I swear an affidavit where I am?
Often, yes. Ontario’s Evidence Act recognizes affidavits sworn outside Ontario before a notary public, a commissioner or a Canadian consular official, among others. Check with the court or organization receiving it, or ask us about virtual commissioning.
Related
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Areas We Serve
Serving clients across Toronto and the GTA
From our Toronto office we act for clients across the Greater Toronto Area, including Durham, York and Peel regions: Markham, Richmond Hill, Pickering, Ajax, Whitby, Oshawa, Mississauga and Brampton.
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Scarborough
Notary public for Scarborough clients. Our office is on Sheppard Ave E.
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North York
In person on Sheppard Ave E, or fully remote.
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Markham
Close by in York Region, in person or by video.
Here to help
Get it sworn and signed.
Upload the document for a quote, or call to arrange a time.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic