![How to Write an Affidavit in Canada [Free Template + Examples]](https://canadabusinesslawyers.com/wp-content/uploads/affidavit-documents-2.jpeg "How to Write an Affidavit in Canada [Free Template + Examples]")
How to Write an Affidavit in Canada [Free Template + Examples]
Quick Answer
An affidavit in Canada is a written sworn statement of facts signed under oath or affirmation before a commissioner of oaths or notary public. To write one, you must include a title, a deponent identification clause, numbered paragraphs of facts, and a jurat (the sworn/affirmed section). The document must then be commissioned — meaning you sign it in the presence of an authorized official. Providing false information in an affidavit is perjury, a criminal offence under the Criminal Code of Canada. Use our free affidavit template to get started.
Whether you need a sworn statement for a court proceeding, an immigration application, or a business matter, understanding how to properly write an affidavit in Canada is essential. An affidavit template can save you time and money, but only if you know what the document requires and how to get it properly commissioned.
Every year, millions of Canadians need affidavits for everything from real estate transactions and power of attorney matters to breach of contract lawsuits and small claims filings. Yet many people are unsure what an affidavit actually requires, how it differs from a statutory declaration, and what happens if you get it wrong.
This guide covers everything you need to know about writing, formatting, and commissioning an affidavit in Canada — including a free downloadable template you can customize for your specific situation.
What Is an Affidavit in Canada?
An affidavit is a written statement of facts that the author (called the deponent or affiant) swears or affirms to be true. Unlike a regular written statement, an affidavit carries legal weight because the deponent makes their statement under oath — and lying in an affidavit constitutes perjury under Section 131 of the Criminal Code of Canada, punishable by up to 14 years in prison.
Affidavits are used across Canada in both federal and provincial legal proceedings. They serve as evidence in court cases, support applications for various legal processes, and verify facts in business and personal transactions. Courts and government agencies accept affidavits as a way for individuals to present testimony without appearing in person.
💡 Key Distinction: Swearing an affidavit involves taking an oath on a religious text (Bible, Quran, Torah, etc.), while affirming involves making a solemn promise without religious content. Canadian courts treat both identically — choose whichever is appropriate for you.
When Do You Need an Affidavit in Canada?
Affidavits are required in a wide range of legal, business, and personal situations. Here are the most common scenarios where Canadians need a sworn statement:
Affidavit vs. Statutory Declaration: What’s the Difference?
Many Canadians confuse affidavits with statutory declarations. While both are sworn written statements, they serve different purposes and are governed by different legislation.
Affidavit
- ✅ Sworn under oath or affirmed
- ✅ Used as evidence in court
- ✅ Commissioned by a notary, lawyer, or commissioner of oaths
- ✅ Subject to rules of evidence
- ✅ False statement = perjury (Criminal Code s.131)
Statutory Declaration
- ✅ Solemnly declared (not sworn)
- ✅ Used for administrative purposes
- ✅ Declared before a commissioner or notary
- ✅ Governed by Canada Evidence Act
- ✅ False statement = offence under s.134
The key difference is context: affidavits are primarily used in judicial proceedings (courts), while statutory declarations are typically used for administrative and non-court purposes such as government applications, insurance claims, or confirming identity.
Essential Components of a Canadian Affidavit
Every valid affidavit in Canada must contain specific elements. Missing any of these components could render your affidavit inadmissible in court or rejected by a government agency.
Title / Heading
Clearly label the document as “AFFIDAVIT” at the top. If it is being used in a court proceeding, include the style of cause (names of the parties), the court file number, and the court registry location.
Deponent Identification
State the full legal name, address, and occupation of the person making the affidavit. Example: “I, Jane Smith, of the City of Toronto, in the Province of Ontario, office manager, MAKE OATH AND SAY:”
Body — Numbered Paragraphs of Facts
Each fact must be stated in a separately numbered paragraph. Stick to facts you personally know to be true. If including information told to you by someone else (hearsay), clearly identify the source and state that you believe it to be true.
Exhibits (If Applicable)
Attach supporting documents as labelled exhibits (Exhibit “A”, Exhibit “B”, etc.). Reference each exhibit in the body: “Attached as Exhibit ‘A’ is a true copy of the invoice dated March 15, 2026.” The commissioner must stamp or initial each exhibit.
Jurat (Oath / Affirmation Clause)
The jurat is the section at the bottom where the deponent signs and the commissioner witnesses. It includes the date, city, and the commissioner’s signature, stamp, and expiry date. This is what makes the document legally “sworn.”
Step-by-Step Guide: How to Write an Affidavit in Canada
Follow these steps to draft your own affidavit template Canada document. You can write it yourself or use one of our free legal templates as a starting point.
Step 1: Determine the Purpose and Audience
Before you begin writing, clarify exactly why you need the affidavit and who will receive it. An affidavit for a court motion has stricter formatting requirements than one used for an insurance claim. If the affidavit is for court, check the specific rules of the court (e.g., Ontario Rules of Civil Procedure, BC Supreme Court Civil Rules) for any formatting requirements such as font size, margins, and backing sheets.
Step 2: Start with the Title and Style of Cause
If the affidavit is for a court proceeding, the top of the document must include the court name, the court file number, the names of the parties (plaintiff/applicant and defendant/respondent), and a clear label “AFFIDAVIT OF [Your Name].” For non-court affidavits, a simple title like “AFFIDAVIT” followed by your identifying information is sufficient.
Step 3: Write the Deponent Identification Clause
This opening paragraph identifies who you are and establishes your connection to the matter. Include your full legal name, address, occupation, and the reason you have knowledge of the facts. A standard opening reads: “I, [Full Name], of the [City/Town] of [Location], in the Province of [Province], [Occupation], MAKE OATH AND SAY (or SOLEMNLY AFFIRM):”
Step 4: Draft the Body in Numbered Paragraphs
Present your facts clearly and chronologically. Each paragraph should contain one distinct fact or closely related set of facts. Use plain language and avoid legal jargon unless necessary. Be precise with dates, names, amounts, and descriptions. Remember that everything you state must be truthful — an affidavit is not the place for opinions, conclusions, or arguments.
⚠️ Important: If you include information that was told to you by another person (hearsay), you must clearly state the source. For example: “I was advised by my accountant, John Davis, that the business had a net loss of $45,000 in fiscal year 2025, and I believe this to be true.” Failing to properly attribute hearsay can result in those paragraphs being struck from the record.
Step 5: Reference and Attach Exhibits
If you are relying on any documents to support your statements — such as contracts, invoices, emails, photographs, or promissory notes — attach them as exhibits. Each exhibit gets a letter designation and a cover page stating: “This is Exhibit [Letter] referred to in the Affidavit of [Your Name], sworn/affirmed before me on [Date].” The commissioner must sign or initial the exhibit cover page.
Step 6: Add the Jurat and Get It Commissioned
The jurat appears at the end of the affidavit and is where you will sign in the presence of the commissioner. Do NOT sign the affidavit before meeting the commissioner — they need to witness your signature. The jurat includes: “SWORN (or AFFIRMED) before me at the [City] of [City Name], in the Province of [Province], on [Date].” followed by lines for both the deponent’s and commissioner’s signatures.
Need Help With Your Affidavit?
Our network of independent lawyers can review your affidavit or draft one tailored to your situation. Start with a free 10-minute consultation.
Free Affidavit Template for Canada
Below is a general-purpose affidavit template Canada that you can adapt for most non-court situations. If your affidavit is being filed in court, check with the specific court registry for any additional formatting rules required in your province.
AFFIDAVIT
I, [Full Legal Name], of the [City/Town] of [City], in the Province of [Province], [Occupation], MAKE OATH AND SAY (or SOLEMNLY AFFIRM):
1. I am the [relationship to the matter, e.g., “plaintiff,” “business owner,” “applicant”] and have personal knowledge of the matters set out in this affidavit, except where stated to be on information and belief, in which case I verily believe them to be true.
2. [State fact #1 — e.g., “On January 15, 2026, I entered into a service agreement with ABC Corp.”]
3. [State fact #2 — be specific with dates, names, and amounts]
4. [State fact #3]
5. Attached hereto as Exhibit “A” is a true copy of [describe document].
6. I make this affidavit in support of [purpose — e.g., “my application for…”] and for no improper purpose.
SWORN (or AFFIRMED) before me at the
[City] of ____________, in the Province
of ____________, on ____________, 2026.
_________________________ _________________________
Commissioner for Taking Affidavits Deponent (Your Signature)
For more customizable legal document templates, visit our free templates library or download our dedicated affidavit template.
Who Can Commission an Affidavit in Canada?
An affidavit is not valid until it has been commissioned — meaning the deponent has signed it in the physical presence of an authorized official. The following individuals are typically authorized to commission affidavits across Canada:
- Lawyers — Any practising lawyer licensed in a Canadian province can commission affidavits.
- Notaries Public — Licensed notaries in all provinces and territories.
- Commissioners for Taking Affidavits — Individuals specifically appointed by their provincial government.
- Justices of the Peace — Available in most provinces, often at courthouses.
- Certain Municipal Officials — Some provinces authorize mayors or municipal clerks.
💡 Cost-Saving Tip: Many provinces allow free commissioning services at courthouses and certain government offices. In Ontario, for example, you can have an affidavit commissioned for free at most provincial courthouses by a commissioner of oaths on staff.
Provincial Affidavit Requirements Across Canada
While the core elements of an affidavit remain the same across Canada, each province has specific rules regarding formatting, who can commission, and whether virtual commissioning is permitted. Here is an overview of key provincial differences:
For province-specific guidance on personal affidavits, visit our personal affidavit services page.
Common Types of Affidavits Used in Canada
While the basic structure remains consistent, affidavits are tailored to specific purposes. Here are the types you will most commonly encounter:
Affidavit of Execution — Confirms that a legal document (such as a will and testament or partnership agreement) was properly signed and witnessed.
Affidavit of Service — Proves that legal documents were delivered to the required parties in the manner prescribed by the court rules.
Affidavit of Identity — Confirms that two different names on different documents refer to the same person (common for immigration and name changes).
Affidavit of Business Records — Used to introduce business records as evidence in court proceedings without requiring the records custodian to testify in person.
Financial Affidavit — Discloses financial information in family law or personal financial statement matters.
General / Custom Affidavit — A flexible affidavit used for a wide variety of situations, from insurance claims to government applications.
Common Mistakes to Avoid When Writing an Affidavit
Even small errors can cause an affidavit to be rejected or challenged. Avoid these frequent mistakes:
❌ Signing before seeing the commissioner. The entire point of commissioning is that the official witnesses your signature. Pre-signed affidavits are invalid.
❌ Including opinions or legal arguments. An affidavit is strictly for facts. Leave arguments and opinions for your lawyer’s submissions.
❌ Failing to identify hearsay properly. If you learned information from someone else, you must name the source and state you believe it to be true.
❌ Not numbering paragraphs. Courts require numbered paragraphs for easy reference during hearings and cross-examination.
❌ Forgetting to have exhibits stamped. Every exhibit must be initialled or stamped by the commissioner. Unmarked exhibits can be challenged as unauthenticated.
❌ Using vague language. Avoid phrases like “around that time” or “approximately.” Be as specific as possible with dates, amounts, and details.
Virtual Commissioning of Affidavits in Canada
Since the COVID-19 pandemic, several provinces have introduced permanent rules allowing affidavits to be commissioned virtually via secure video conference. This has made the process significantly more accessible for Canadians who cannot easily travel to a lawyer’s office or courthouse.
In Ontario, O. Reg. 431/20 made virtual commissioning permanent. The commissioner must verify the deponent’s identity, observe them signing the document in real time via video, and both parties must arrange for the exchange of the signed physical documents afterward. British Columbia, Alberta, and several other provinces have adopted similar frameworks.
Virtual commissioning is particularly useful when dealing with time-sensitive legal matters such as contract disputes, urgent release agreements, or business transactions requiring sworn evidence. Fees for virtual commissioning typically range from $20 to $100 depending on the provider and complexity.
How Much Does It Cost to Get an Affidavit Commissioned in Canada?
The cost of commissioning an affidavit in Canada varies depending on who commissions it and the complexity of the document.
If you draft the affidavit yourself using a free affidavit template from our template library and have it commissioned at a courthouse, the total cost can be as low as zero. For complex affidavits — especially those used in court proceedings — investing in professional legal help through a free consultation is strongly recommended.
Using Affidavits in Canadian Business Transactions
Affidavits are not just for courtrooms — they play an important role in everyday business operations across Canada. Business owners frequently need affidavits for the following purposes:
Confirming business records: The Affidavit of Business Records (under the Canada Evidence Act) allows businesses to introduce financial records, correspondence, and other documents as evidence without requiring the records custodian to testify. This is particularly valuable in breach of contract disputes.
Supporting non-disclosure agreement enforcement: When confidential information has been leaked, an affidavit can provide sworn evidence of the breach and the resulting damages.
Corporate filings and name changes: Provincial corporate registries may require affidavits when amending service agreements or resolving disputes about corporate records.
Due diligence in acquisitions: Buyers and sellers in business acquisitions use affidavits to verify financial disclosures, confirm the absence of undisclosed liabilities, and certify the accuracy of representations made during negotiations.
Frequently Asked Questions About Affidavits in Canada
What is an affidavit in Canada?
An affidavit in Canada is a written statement of facts that the author swears or affirms to be true under oath before an authorized official such as a lawyer, notary public, or commissioner for taking affidavits. It is a legally binding document, and providing false information constitutes perjury under the Criminal Code.
How much does an affidavit cost in Canada?
Commissioning an affidavit can range from free (at a courthouse) to $150 or more if a lawyer drafts and commissions the document. A notary public typically charges between $20 and $80. Virtual commissioning services generally cost between $30 and $100.
Can I write an affidavit myself in Canada?
Yes, you can draft your own affidavit in Canada. You do not need a lawyer to write the document. However, you will need an authorized official (lawyer, notary, or commissioner of oaths) to commission it — meaning they witness your signature and administer the oath or affirmation.
What happens if you lie in an affidavit in Canada?
Lying in an affidavit is considered perjury under Section 131 of the Criminal Code of Canada. Perjury is an indictable offence punishable by up to 14 years in prison. Courts take this extremely seriously, and even minor inaccuracies can damage your credibility in legal proceedings.
Can an affidavit be commissioned online in Canada?
Yes, several provinces including Ontario, British Columbia, and Alberta now permit virtual commissioning of affidavits via secure video conference. The commissioner must verify the deponent’s identity, observe them signing the document in real time, and both parties must arrange for the exchange of the signed physical copies afterward.
What is the difference between an affidavit and a statutory declaration?
An affidavit is sworn or affirmed under oath and is primarily used as evidence in court proceedings. A statutory declaration is solemnly declared (not sworn) and is typically used for administrative and non-court purposes such as government applications, insurance claims, or confirming identity. Both carry legal penalties for false statements.
Who can commission an affidavit in Canada?
Affidavits can be commissioned by lawyers, notaries public, commissioners for taking affidavits (appointed by the provincial government), and in some cases, justices of the peace or certain municipal officials. The specific authorized individuals vary by province.
Do I need a notary or a lawyer for an affidavit?
You do not necessarily need a lawyer. A notary public or a commissioner of oaths can commission your affidavit. However, if the affidavit is being used in a court case or involves complex legal issues, consulting with a lawyer is advisable to ensure the content is accurate, properly formatted, and will be accepted by the court.
Can I use a free affidavit template in Canada?
Yes, free affidavit templates are perfectly acceptable in Canada. Canada Business Lawyers provides free customizable templates that cover the essential components required for a valid affidavit. For court filings, you should check whether the specific court has any additional formatting requirements beyond the standard template.
How long is an affidavit valid in Canada?
There is no universal expiry date for affidavits in Canada. However, some institutions and government agencies may require affidavits to be recent (e.g., sworn within the last 30, 60, or 90 days). Court affidavits remain valid as long as the facts they contain are still accurate. If circumstances change, you may need to file a supplementary or amending affidavit.
Get Professional Help With Your Affidavit
Whether you need a simple sworn statement or a complex court affidavit, our network of independent lawyers across Canada can help. Start with a free 10-minute consultation — no obligation.