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NOTARY & COMMISSIONING GUIDE
Commissioning of Affidavits in Ontario
A practical guide to affidavits, statutory declarations, oaths, affirmations, exhibits, remote commissioning and what to bring before signing a sworn or affirmed document.
An affidavit is not just a signed form. It is a sworn or affirmed statement of facts that may be used in court, government, business or administrative matters. The commissioning process matters because the signer is confirming the truth of the document in a legally serious way.
Prepared by Tatyana Trusz, Trusz Law • Updated July 2026 • 12 min read
QUICK ANSWER
What happens when an affidavit is commissioned?
A commissioner for taking affidavits confirms the process by which a person swears, affirms or declares that the contents of the document are true. The commissioner verifies identity, administers the oath, affirmation or declaration, witnesses the signature where required and completes the jurat or commissioning block.
The commissioner does not automatically investigate whether every fact in the affidavit is true or whether the affidavit is the best legal evidence for the matter. The person signing remains responsible for the truth and accuracy of the statement.
IN THIS GUIDE
RELATED NOTARY SERVICES
NEED AN AFFIDAVIT COMMISSIONED?
Do not sign before the oath or affirmation is administered.
Bring valid ID, the complete document and any filing or receiving instructions.
THE SHORT ANSWER
Commissioning is the formal truth-confirmation step
Commissioning may involve an affidavit, statutory declaration or other document where the signer must swear, affirm or declare that the contents are true.
The commissioner generally:
- confirms the signer’s identity;
- confirms the document is complete enough to be commissioned;
- administers the oath, affirmation or declaration;
- witnesses the signature where required;
- completes the commissioning block; and
- adds the required name, office, location, date and signature information.
The signer should read the document carefully before the appointment and should not swear or affirm facts they do not know to be true.
KEY TAKEAWAYS
At a glance
- Commissioners for taking affidavits ask the person to swear or affirm that what is in the document is true.
- A notary public has commissioner powers and can also verify signatures, marks and true copies.
- An affidavit is usually sworn or affirmed; a statutory declaration is solemnly declared.
- The signer remains responsible for the truth of the contents.
- Do not sign before the appointment unless the document specifically allows it.
- Remote commissioning is permitted in Ontario where regulatory conditions are met.
- The receiving court, agency or institution may require specific wording or an in-person process.
AFFIDAVIT BASICS
What is an affidavit?
An affidavit is a written statement of facts sworn or affirmed before a person authorized to administer the oath or affirmation.
Affidavits are commonly used for:
- court motions and applications;
- family-law materials;
- civil litigation evidence;
- estate and probate applications;
- real-estate or mortgage matters;
- name, identity or status confirmations;
- business and corporate filings;
- immigration, school or administrative requests; and
- supporting documents where a formal sworn statement is required.
The document should be accurate, complete and based on facts the signer can properly swear or affirm.
OATH OR AFFIRMATION
What is the difference between swearing and affirming?
When an affidavit is commissioned, the signer normally either swears an oath or makes a solemn affirmation.
Oath
An oath is a formal promise that the contents are true, traditionally connected with religious belief.
Affirmation
An affirmation is a solemn non-religious promise that the contents are true.
Both are serious. A person should not choose one because it sounds less important. The legal purpose is the same: the signer is formally confirming the truth of the statement.
For statutory declarations, the person solemnly declares that the contents are true rather than swearing an affidavit.
COMMISSIONER’S ROLE
What does the commissioner actually verify?
The commissioner’s role is procedural and important. It does not turn the commissioner into the author of the affidavit.
The commissioner may verify:
- the signer’s identity;
- that the signer is the person appearing before them;
- that the signer understands they are swearing, affirming or declaring the document;
- that the signature was made in the required process;
- the date and place of commissioning; and
- the commissioner’s own authority to take the oath, affirmation or declaration.
The commissioner may refuse to commission a document where the process cannot be completed properly, the document is incomplete, the signer does not appear to understand the process or identification is not satisfactory.
“Commissioning an affidavit is not a shortcut around accuracy. It is the moment the signer formally takes responsibility for the truth of the statement.”
— Trusz Law
EXHIBITS
How should affidavit exhibits be handled?
An affidavit may refer to documents attached as exhibits.
Examples include:
- contracts;
- emails or messages;
- letters;
- receipts;
- photographs;
- court documents;
- identification or status documents;
- bank or business records; and
- estate or property documents.
Exhibits should be clearly identified and organized. The affidavit should refer to each exhibit accurately, and the commissioner may need to complete exhibit stamps or certificates depending on the form and process.
Do not attach unnecessary private information unless it is required for the purpose of the affidavit.
REMOTE COMMISSIONING
Can affidavits be commissioned remotely in Ontario?
Ontario permits oaths and declarations to be administered remotely if the regulatory requirements are met.
The remote process must use an electronic method of communication that allows the commissioner and the deponent or declarant to see, hear and communicate with each other in real time throughout the entire transaction.
Before using a remote process, check:
- whether the receiving court, agency or institution accepts remote commissioning;
- whether wet-ink signatures are required;
- whether everyone must be in Ontario;
- whether a particular form of jurat or wording is required;
- how ID will be verified;
- how documents and exhibits will be exchanged; and
- whether the final document must show that it was commissioned remotely.
Remote commissioning can be convenient, but the process must still be formal and complete.
WHAT TO BRING
How should you prepare for an affidavit-commissioning appointment?
Bring:
- valid government-issued photo identification;
- the complete affidavit or declaration;
- all exhibits referenced in the document;
- any court, agency or institution instructions;
- the file or court number, if applicable;
- the correct spelling of names and addresses;
- translation or interpreter details if needed;
- all required signers; and
- confirmation whether the document must be notarized or only commissioned.
Review the affidavit before attending. If the document contains facts you do not understand or cannot verify, legal advice may be needed before signing.
LIMITS
What does commissioning not do?
Commissioning does not automatically confirm:
- that every fact in the affidavit is true;
- that the affidavit is persuasive evidence;
- that the document uses the correct court form;
- that all required exhibits are attached;
- that the signer has complied with every filing rule;
- that the document is legally sufficient for the case or application;
- that foreign or out-of-province authorities will accept it; or
- that the signer has received independent legal advice.
Where the affidavit will be used in court or for an important legal matter, drafting advice and commissioning are separate steps. The document should be legally reviewed if the contents or purpose are important.
COMMON MISTAKES
Problems that can delay or undermine commissioning
Signing before the appointment.
If the signature must be witnessed as part of the oath or affirmation process, signing early can create problems.
Leaving blanks in the affidavit.
An incomplete document may not be commissionable.
Forgetting exhibits.
The affidavit may refer to attachments that are not present or properly identified.
Not bringing valid ID.
Identity verification is usually essential.
Swearing to facts based on assumption.
The affidavit should be accurate and within the signer’s knowledge or properly sourced.
Using the wrong form of jurat.
Some court forms and remote processes require specific wording.
Assuming remote commissioning is accepted everywhere.
The receiving institution may still require an in-person process.
Confusing commissioning with legal advice.
A commissioned affidavit may still be legally weak, incomplete or unsuitable.
HOW TRUSZ LAW CAN HELP
Make the commissioning process match the purpose of the affidavit.
Trusz Law assists with commissioning affidavits, statutory declarations, solemn declarations and related notary services in Ontario.
Depending on the document, that may include reviewing the required commissioning method, verifying identity, administering the oath or affirmation, addressing exhibits, completing the commissioning block and identifying when legal advice is needed before the document is signed.
The goal is practical: ensure the signer understands the seriousness of the statement and the document is commissioned in the way the receiving court, agency or institution requires.
FREQUENTLY ASKED QUESTIONS
Affidavit-commissioning questions people often ask
What is commissioning an affidavit?
Commissioning is the process where an authorized person administers an oath or affirmation and completes the formal commissioning section of an affidavit.
Who can commission an affidavit in Ontario?
Commissioners for taking affidavits can administer oaths, declarations and affirmations. A notary public has all commissioner powers and can also verify signatures, marks and true copies.
What is the difference between swearing and affirming?
Both confirm the truth of the affidavit. Swearing is traditionally religious; affirming is a solemn non-religious promise.
Can I sign my affidavit before the appointment?
Usually no. Bring it unsigned unless you have been specifically told otherwise, because the signature may need to occur during the oath or affirmation process.
Do I need ID to commission an affidavit?
Yes. Bring valid government-issued photo identification and any additional identity documents required by the receiving institution.
Can affidavits be commissioned remotely in Ontario?
Yes, where the regulatory requirements are met, including real-time audio-visual communication throughout the transaction.
Does the commissioner check whether my affidavit is true?
The commissioner administers the oath or affirmation and verifies the process. The signer remains responsible for the truth and accuracy of the statement.
Can a commissioner refuse to commission my affidavit?
Yes. A commissioner may refuse if identity is not satisfactory, the document is incomplete, the signer does not understand the process or the commissioning cannot be completed properly.
What is an exhibit to an affidavit?
An exhibit is a document or item referred to in the affidavit and attached or identified as supporting material.
Can a statutory declaration be commissioned the same way as an affidavit?
Both involve a formal truth-confirmation process, but a statutory declaration is declared rather than sworn or affirmed as an affidavit.
Is commissioning the same as notarizing?
Not exactly. A notary has commissioner powers, but notarization can also involve verifying signatures, marks or true copies.
When should I get legal advice before commissioning an affidavit?
Get legal advice where the affidavit will be used in court, affects legal rights, contains complex facts or may expose you to consequences if inaccurate.
OFFICIAL RESOURCES
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ABOUT THIS RESOURCE
Prepared by Tatyana Trusz, Trusz Law. This resource is for general information only and is not legal advice. Commissioning requirements depend on the document, receiving court or institution, jurisdiction, identity requirements and current law. Last reviewed July 2026.
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NEED AN AFFIDAVIT COMMISSIONED?
Read it carefully before you swear or affirm it.
Bring valid ID, exhibits and any instructions from the court, agency or institution requesting the affidavit.
