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Updated September 2026. An affidavit is a written statement of facts sworn or affirmed before a person authorized to administer the oath. In Ontario, that person may be a commissioner for taking affidavits, including a notary public. An affidavit can be properly commissioned without a separate certified-copy notarization or extra notary seal, depending on the form and recipient’s requirements.
The commissioner confirms the person’s identity, administers the oath or affirmation and completes the required signature and jurat. The person swearing the affidavit is responsible for the truth and accuracy of its contents. The commissioner does not certify that the events described happened or that the court will accept the evidence.
Under O. Reg. 431/20, qualifying oaths can be administered by real-time audiovisual communication when the prescribed requirements are met. A receiving party does not have to accept a remotely commissioned document; check first.
Some affidavits need a specific court form or supporting exhibits. If you need help drafting legal content, speak with a lawyer or a legal professional authorized for that matter.
Ready to swear or affirm an unsigned affidavit? See our online commissioning process or ask about in-person service.
Sources: Ontario notary and commissioner overview; Ontario commissioner guide.
