Affidavit vs. Statutory Declaration

Statutory Declarations and Affidavits are critical legal documents used for various administrative and legal purposes. This blog aims to compare the Affidavit and the Statutory Declaration, providing an overview of their similarities and differences. 

What is a Statutory Declaration?

A Statutory Declaration is a legal document that contains a written statement of facts that a person officially declares to be true. This document enables the declarant (person making the declaration) to prove that certain information is true in the absence of other evidence.

In a Statutory Declaration, the declarant makes a solemn statement to confirm written statement is accurate and truthful. A Statutory Declaration must be notarized by an official authorized to administer oaths and affirmations by law. During notarization, the declarant declares that the information they’ve provided is true before the official, who signs and stamps the document.

What is an Affidavit?

An Affidavit is a sworn legal document used as evidence in court or to affirm a claim that a person is making. An Affidavit contains a written statement of facts, circumstances, or events pertaining to a legal matter. Typically, Affidavits are used to support or oppose motions and applications in court, or as evidence in a trial. The person making the Affidavit is called an affiant or deponent.

You need to have your Affidavit notarized by an official authorized to administer oaths and affirmations by law. During notarization, the affiant swears or affirms that the contents of their Affidavit are true before the authorized official.

Statutory Declaration vs Affidavit: The Similarities

Statutory Declarations and Affidavits are both legal documents that are sworn, affirmed, or declared to be true. They’re written statements of fact that provide evidence for legal and administrative purposes. Further, Affidavits and Statutory Declarations both outline information to be used as evidence with numbered sentences and paragraphs.

Statutory Declaration vs Affidavit: The Differences

While Statutory Declarations and Affidavits share many commonalities, they also have core differences. Statutory Declarations are typically used outside of court, while Affidavits are mainly used for legal proceedings. Therefore in Canada, Affidavits are subject to the rules of evidence in provincial and federal courts. 

Another difference is that a person making a Statutory Declaration is known as a declarant, they declare facts to be true. A person who makes an Affidavit is called an affiant or deponent. They swear or affirm that the information they provide is true. Additionally, Statutory Declarations are solemn statements, while Affidavits are solemn affirmations or oaths.

Notarizing Statutory Declarations and Affidavits

Both documents must be affirmed to be true before an authorized official, like a notary public or commissioner of oaths. This means that an individual declares that the contents of their document are accurate to the best of their knowledge. In Canada, making a false statement in an Affidavit or a Statutory Declaration can be considered perjury, a criminal offence.

The following must take place during notarization:

• The authorized official verifies the affiant’s or declarant’s identity and that they’ve made their statements voluntarily.
• The authorized official ensures the affiant or declarant understands the contents of their document and what they’re singing.
• The affiant or declarant professes that the contents of their document are true and complete. 
• The affiant or declarant signs the Affidavit or Statutory Declaration and the official witnesses their signature. 
• The authorized official signs and stamps the document to make it valid. 

According to the Government of Canada, any individual authorized by law to administer oaths can take affirmations or declarations. So long as the affirmation or declaration is made voluntarily, the following individuals can take them:

• Notary publics
• Judges and provincial court judges
• Commissioners
• Recorders
• Justices of the peace
• Mayors

Get Started on Your Statutory Declaration or Affidavit 

Whether you need to draft a Statutory Declaration or Affidavit and get it notarized, we’ve got you covered. We offer plenty of fillable Statutory Declaration and Affidavit templates that you can download for free. Simply fill in the blanks, and get a completed, perfectly formatted document sent to your email.

Alternatively, try our live document drafting service, and meet with a licensed professional online to have them assist you with creating a document.. This offers extra peace of mind and takes the drafting off your plate. Simply select a document template and choose the option, ‘We draft your document for you’.

Get a Statutory Declaration or Affidavit Notarized Today

Already have an Affidavit or Statutory Declaration ready to be notarized? No problem. Booking an online notary appointment is seamless, and the meeting takes just 7 minutes. Book today to see how easy online notarization can be!