Statutory Declaration vs Affidavit: Which One Do You Need?

You’re staring at a form and it says, “Provide a sworn statement.” But should that be an affidavit or a statutory declaration? Here’s the straightforward answer: both are formal statements of fact signed in front of an authorized official in Ontario, but they’re used in different situations. In this guide, we break down statutory declaration vs affidavit in clear, practical terms—using real examples from real estate, immigration, family, business, and estates—so you can pick the right one, sign it correctly, and avoid rejection.

Overview

• What you’ll learn:
  • The exact difference between a statutory declaration and an affidavit in Ontario
  • When each is required across real estate, immigration, family, business, and estates
  • Step-by-step signing rules, ID requirements, and who can witness/commission
  • 13 practical scenarios with the “right pick” for each
  • Common mistakes that cause rejections—and how to avoid them
• Why this matters: Using the wrong form, missing a required clause, or signing without an authorized official can delay closings, applications, or court timelines.
• Who this is for: Homebuyers/sellers, families, newcomers, entrepreneurs, and anyone asked to provide a sworn or solemn statement in Ontario.

We write in plain English, but we operate under Ontario law. All spelling and terminology here use American English for clarity.

Statutory Declaration vs Affidavit: Quick Comparison

Both documents state facts. The key difference is context and wording—oath/affirmation (affidavit) versus solemn declaration (statutory declaration).

If you’re still unsure after reading this statutory declaration vs affidavit comparison, don’t guess. A quick consult avoids delays and do-overs.

Our Top Pick

For court-related matters, choose an affidavit. Here’s why this is our top pick for litigation and tribunal filings:

• Evidentiary weight: Courts expect sworn/affirmed affidavits for evidence and procedural steps (e.g., service, timelines).
• Familiar format: Standardized headings, jurat (the commissioner/notary block), and exhibit handling simplify court acceptance.
• Predictable review: Clerks and judges see affidavits daily; fewer surprises, fewer returns for correction.

Not in court? A statutory declaration is often the better fit for banks, government applications, real estate closings, and school or employment records.

Top Real-World Picks (13 Scenarios Compared)

Use these ranked, practical picks to choose fast. Each entry shows the better option and why.

#1 — Court Filings and Evidence: Affidavit

• Best choice: Affidavit (sworn/affirmed).
• Why: Courts and tribunals rely on affidavits for evidence, service, timelines, and procedural steps.
• Examples: Small Claims evidence, family law motions, civil service affidavits.
• Tip: Attach exhibits with labeled stamps; number pages and paragraphs for clarity.

#2 — Immigration (Common-Law Union IMM 5409): Statutory Declaration

• Best choice: Statutory declaration (form-driven wording).
• Why: Immigration forms often specify “statutory declaration” and include exact language.
• Examples: Declaring common-law status, family ties, or identity details when requested.
• Tip: Bring the official form and IDs; we’ll witness the declaration and ensure the jurat is complete.

#3 — Real Estate Spousal/Marital Status: Statutory Declaration

• Best choice: Statutory declaration.
• Why: Lenders, title insurers, and closing lawyers regularly request declarations confirming spousal status and occupancy.
• Examples: Family status, primary residence, or non-residency confirmations.
• Related resource: In real estate, timing matters. See our title transfer process guide for context on closings.

#4 — Wills and Powers of Attorney (Affidavit of Execution): Affidavit

• Best choice: Affidavit of execution.
• Why: Probate and financial institutions expect an affidavit from a witness confirming proper signing formalities.
• Examples: Will probate packages, confirming two witnesses; POA execution affidavits when requested.
• Learn more: Our Ontario will preparation guide explains the execution basics.

#5 — Service of Documents: Affidavit of Service

• Best choice: Affidavit of service.
• Why: Courts and tribunals require proof of who served what, when, where, and how.
• Examples: Serving a motion record, application materials, or a summons.
• Tip: Attach delivery receipts, screenshots, or photos as exhibits when available.

#6 — Vehicle Ownership Transfer (Sworn Statement): Affidavit

• Best choice: Affidavit (sworn statement format).
• Why: ServiceOntario processes often rely on sworn statements for lost ownership papers or detail clarifications.
• Examples: Sworn Statement for Transfer of a Used Motor Vehicle, lost ownership document explanations.

#7 — Lost/Stolen Passport Facts: Statutory Declaration

• Best choice: Statutory declaration.
• Why: Passport authorities commonly request a declaration about circumstances and dates.
• Tip: Be precise with dates and locations; inconsistencies cause processing delays.

#8 — Name Discrepancies (School/Bank/HR): Statutory Declaration

• Best choice: Statutory declaration.
• Why: Non-court institutions prefer a solemn declaration to correct or explain variations in names across documents.
• Examples: Declaring maiden name, transliteration differences, or minor spelling variations.

#9 — School Residency or Custody Facts: Statutory Declaration

• Best choice: Statutory declaration.
• Why: School boards often require residency or guardianship facts in a formal declaration rather than a court-style affidavit.
• Examples: Residency confirmations, sole custody statements for enrollment.
• Related read: If you’re formalizing parenting terms, our separation vs. divorce guide adds helpful context.

#10 — Business Banking / KYC Declarations: Statutory Declaration

• Best choice: Statutory declaration.
• Why: Banks and compliance teams prefer declarations for beneficial ownership, authority to act, or no-change statements.
• Examples: Declaring director authority, confirming unchanged corporate info for account updates.

#11 — Probate and Small Estate Facts: Affidavit

• Best choice: Affidavit (often part of probate forms).
• Why: Court-supervised estate processes are affidavit-driven.
• Examples: Affidavit of service in probate, affidavit confirming search for a will, or executor facts.

#12 — Corporate Filings (Director/Officer Declarations): Statutory Declaration

• Best choice: Statutory declaration.
• Why: Registries and corporate administrators frequently request declarations instead of court-style affidavits.
• Examples: No-change declarations, director acknowledgments, or compliance confirmations.

#13 — Travel Consent for a Minor: Notarized Letter (Often Treated Like an Affidavit)

• Best choice: Notarized travel consent letter.
• Why: Airlines and border officers want notarized consent; format is affidavit-like but usually not a statutory declaration.
• Tip: Include itinerary, contact details, and the other parent’s signed consent.

How to Choose (Decision Checklist)

Use this quick flow to decide between a statutory declaration vs affidavit.

• Is this for court or a tribunal?
  • Yes → Use an affidavit.
  • No → Continue.
• Does the form or institution specify “statutory declaration”?
  • Yes → Use a statutory declaration with the exact wording provided.
  • No → Continue.
• Is an oath/affirmation explicitly required?
  • Yes → Use an affidavit.
  • No/unsure → A statutory declaration is often acceptable for administrative purposes.
• Will you attach exhibits (proof documents)?
  • Either document works; the commissioner/notary will label exhibits correctly.
• Do you need international recognition?
  • Ask the receiving authority what they accept. Some prefer notarization with a notarial seal; certain cross-border uses may require apostille-equivalent steps (inquire before signing).

Signing & Commissioning Guide (Step-by-Step)

Whether it’s an affidavit or a statutory declaration, the commissioning process is almost identical in Ontario.

Bring the Right Identification

• Primary photo ID: Passport, driver’s license, or other government-issued photo ID.
• Name match: Your ID should match the name on the document. For differences, add a brief explanation line (we can help you phrase it).
• Proof documents: Bring exhibits (letters, photos, emails, receipts) that support your statement.

Meet with a Commissioner or Notary

• Who can sign your jurat: A Commissioner for Taking Affidavits or a Notary Public (our firm provides both).
• In person or by video: Remote commissioning is available if you can present valid ID over video and follow required steps.
• Language support: We offer English, Hindi, and Punjabi—clear communication reduces signing errors.

Complete the Jurat Correctly

• Don’t sign in advance: Sign only in front of the commissioner/notary.
• Oath/affirmation: For affidavits, you’ll take an oath or affirmation. For statutory declarations, you’ll make a solemn declaration.
• Date, location, and seal: We add the venue (Toronto, Ontario), date, and our stamp/seal as required.

Attach and Label Exhibits

• Exhibit stamps: Each attachment gets a label (e.g., Exhibit “A”).
• Cross-references: Your statement should mention the exhibit by letter and brief description.
• Neat packaging: Keep pages numbered and legible; avoid staples in areas reserved for seals.

Common Mistakes to Avoid

• Using the wrong form when the institution specified “statutory declaration.”
• Signing at home, then asking the notary to “just stamp it.” We can’t.
• Forgetting original ID or bringing expired identification.
• Not matching names across ID and the document (we can add an explanatory line).
• Forgetting to bring exhibits that a clerk or officer will expect to see.

When We Recommend Notarization (Beyond Commissioning)

Some institutions prefer a notarial seal (especially for cross-border use). We’ll advise when a full notarization is wise:

• International uses: Banks, schools, or registries outside Canada often ask for notarized documents.
• Multiple jurisdictions: If the document will circulate across provinces or countries, a notarial seal reduces questions.
• Long-term records: Corporate minute books and estate files often benefit from notarial presentation.

For related authorizations, see this overview of setting up a Power of Attorney in Toronto to understand witness and execution standards.

What Most People Don’t Realize

• Affidavits and statutory declarations carry legal consequences. False statements can trigger penalties. If in doubt, ask for advice before signing.
• Remote commissioning is real—but structured. We verify ID, record key details, and follow required steps for validity.
• Institutions care about format. A perfect statement in the wrong format gets rejected. Use the exact form or wording the receiver expects.

FAQ

• What’s the main difference between an affidavit and a statutory declaration?
  An affidavit is sworn/affirmed for court or tribunal use. A statutory declaration is a solemn declaration typically used outside court for government, banking, school, or business purposes. Both require signing before a commissioner for taking affidavits or a notary public.
• Can I convert one to the other?
  Usually, no. If the receiving institution asks for a statutory declaration, don’t submit an affidavit (and vice versa). Use the exact format and wording requested by the form or authority.
• Who can witness or commission my document?
  In Ontario, a Commissioner for Taking Affidavits or a Notary Public can administer affidavits and statutory declarations. Our firm provides both, in person and by video, at our Toronto office.
• Do I need a lawyer, or is a commissioner/notary enough?
  For most straightforward affidavits and declarations, a commissioner/notary is sufficient. If your facts are complex, disputed, or tied to a legal strategy (e.g., litigation or immigration risk), speak with a lawyer for independent legal advice first.
• Are exhibits handled differently for affidavits and declarations?
  The approach is similar. We label each attachment (Exhibit “A”, “B”, etc.) and cross-reference it in your text so the reviewer can follow easily.

Methodology

• Ontario practice focus: This guide reflects everyday Ontario practice for court filings, immigration forms, real estate closings, business banking, and estates.
• Front-desk to courtroom view: We combined practical intake experience (what clerks reject) with legal drafting standards (what judges and officers accept).
• Use-case testing: We compiled 13 scenarios our Toronto clients face and evaluated which document institutions typically request or accept.

Key Takeaways

• Courts = affidavit. Administrative/government/banking = usually statutory declaration.
• Follow the form. If an institution gives you a template, use it exactly.
• Sign correctly. Don’t sign before you meet the commissioner/notary. Bring valid photo ID.
• Label exhibits. Attach and reference proof documents properly.
• When in doubt, ask. A two-minute call can save a two-week delay.

Conclusion

• Choosing between a statutory declaration vs affidavit is about context, not complexity.
• Courts and tribunals expect affidavits; banks, government offices, schools, and real estate closings often want statutory declarations.
• Our Toronto team at 23 Westmore Dr. Unit #218A can commission or notarize both—onsite or by video—so your document is accepted the first time.

This article provides general information, not legal advice. For advice about your situation, please contact our office.