Affidavits

Affidavits are documents in which the individual provides details relevant to the activity they wish to pursue, and then promises before a notary that those details are true. While affidavits are most frequently associated with courts actions, as a form of written testimony, other situations require affidavits as well. A student applying for OSAP may be required to provide affidavits describing income, marital status, or Indigenous identity. To marry in a foreign country, one might be required to provide affidavits demonstrating place of birth or a prior divorce. An affidavit must be included when applying for a Short-Term Accommodation license.

Putting inaccurate information in an affidavit and swearing it is true is a criminal offence.

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Statutory Documents

Statutory documents are similar to affidavits, in that they provide relevant details a person will swear is true, but are used in different circumstances. Statutory declarations may be required by insurance companies, when a customer is making a claim based on lost, stolen, or destroyed possessions. Service Ontario requires a statutory declaration when a car owner wants to transfer ownership of a car to a family member. A statutory declaration in lieu of guarantor is required when a person is seeking to acquire a passport but doesn’t have a qualified individual to serve as a reference.

Putting inaccurate information in a statutory declaration and swearing it is true is a criminal offence.

The person or organization requiring the documentation will tell you whether they want an affidavit or a statutory declaration.

If an affidavit or statutory declaration requires additional documents, such as exhibits, these also must be examined by the notary. If a client doesn’t bring all of the additional documents with them, the notary can’t serve them.

The notary’s function in these processes is to take the individual’s oath that the contents of the document are true and to confirm the identity of the person giving that oath. The notary doesn’t examine the document for the purpose of determining its accuracy and doesn’t provide any legal advice.

These documents can be notarized online. Please look to our section about online notary services for more information.

Before contacting us, confirm with the third party exactly what kind of information they require, and, in the case of online services, whether they will accept documents notarized via online processes.

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True Copies

There are occasions when one might be required to provide “true copies” of documents such as school transcripts, passports, or leases. Rather than risk sending, and possibly losing, the original document, an individual can have a notary examine the original document and assure that the copy is identical to the original. When the original document is sent via email, just as a job offer, or is available only online, such as a bank statement, the notary can look at the online version, that document will be printed, and the notary will stamp it as a true copy. This must be done in person.

Before contacting the notary for the notarization of an online or electronic document, the client must make sure that the person or organization seeking the true copy finds this process acceptable.

The notary’s function in this process is to confirm that the copy of the document is identical to the original. The notary doesn’t evaluate the validity of the original document or provide any advice concerning which documents should be copied.

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Witnessing Signatures

There will be times when an individual or organization requires a signature that is witnessed by a notary. Documents that may have this requirement include consent to travel letters, demonstrating the consent of a parent to have their child travel with another adult or on their own. The signing of wills and Powers of Attorney cannot be witnessed by an individual who would profit from those documents, such as an heir to the property, and may require the witnessing of a neutral party. There may be times when parties to a contract can’t meet to sign the contract and want a notary to witness signatures to ensure that the person signing the contract is the actual party to the contract.

This must be done in person.

The notary’s function in this process is to evaluate the identity of the person providing a signature. The notary does not provide any advice concerning the contents of the document or the impact of signing it.

A notary can’t act as both a witness and a notary on the same document. If a document needs two or more witnesses as well as a notary, the client needs to make sure they have another person who can act as a witness. All witnesses must have a piece of current government-issued ID.

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