Affidavits, Oaths & Declarations is there a difference?
MARJORIE CURET
When it comes to immigration paperwork in Canada, accuracy and trust matter. Submitting a sworn statement or signing a statutory declaration can make a significant impact to your application. It's when "words" on a paper transform and come with real consequences. Confirming your identity and signature is often a necessary part of the process. Let’s break down how these services work, and why they matter for immigration applicants in Ontario and beyond. We'll even tell you the difference between affidavits and declarations and how to get them done.
Identity Verification: Who You Are Matters
Identity verification is the process of confirming that an individual is who they claim to be. This helps prevent fraud and protects the integrity of legal and government processes. Anyone can sign a name on a paper, but some documents are too important to be left to guesswork: was really you or someone else pretending to be you?
It is best (sometimes mandatory) that there is a third party involved to verify that you are the actual person signing. Fraud is an unfortunate issue in many fields so consider this inconvenience as protective and not just an extra step. The good news is that at Silver Peak Immigration, we provide this service free for our client!
Remember that the purpose of identity verification is to ensure that only authorized individuals access services or sign your legal documents.
It also can ensure that the person making a statement about you is honest about what they are presenting to the government about your case. Examples include but are not limited to: declarations regarding financial support, letters of invitation, affidavits in support of a marriage or relationship.
Expect to be asked to present one valid, original, government-issued piece of photo ID with a signature (such as a passport, driver's licence, or Ontario photo ID card). If your ID is in a language other than English or French, a certified translation may be required.
Signature Verification: Proving It's Really You
Signature verification is used to ensure that the signature on your document matches your real, legal signature. This adds a layer of authenticity to declarations, and other important forms. Your signature must be witnessed in person by a designated official — such as a Commissioner of Oaths — when signing your document. Marjorie Curet has had this authority since 2018 and can even spot when there is something crucial missing in your document that may have slipped your attention.
What Is a Commissioner of Oaths?
A Commissioner of Oaths is a person authorized by the Province of Ontario to take oaths and declarations. They do not verify the truth of what you are saying, but they ensure that your oath or affirmation is given properly and legally. You are the person making the oath or declaration and YOU must be certain that the information you are giving is correct and truthful.
This authority is granted under Ontario’s Commissioners for Taking Affidavits Act, and is often held by clerks, lawyers, paralegals, or designated professionals like RCICs.
Affidavits & Statutory Declarations: What’s the Difference?
These terms are often used interchangeably — but they have specific meanings in Ontario:
Oath/Affidavit
- A written and sworn statement confirmed by oath or affirmation before a Commissioner or Notary Public to tell the truth.
- Commonly used in court proceedings to provide testimony, present evidence etc…
Statutory Declaration
- A written statement of fact declared to be true before a Commissioner, but not under oath. The person must understand the contents and declare them to be true.
- Often used in immigration, government forms, or where a formal declaration is required outside of court. It is generally used for government or administrative purposes.
In all cases, you are responsible for the truth and accuracy of the document. The commissioner only ensures the process of swearing or declaring is done properly.
Not telling the truth is a crime under the Canadian Criminal Code.
Important Reminders for Clients in Ontario
- You must request the commissioning service yourself (it cannot be done on someone else's behalf).
- The commissioner has the right to refuse to sign if they are unsure of your identity or the content of the document.
- Your ID must be valid, original, and government-issued — with a photo and signature.
- You must sign the document in front of the commissioner, not in advance.
The good news: These services are free for our clients
If you're working with us at Silver Peak Immigration on your immigration file, we provide identity verification, signature witnessing, and commissioner of oaths services at no cost. We believe access to these critical services should never be a barrier.
Need help with an affidavit, statutory declaration, or sworn statement for your immigration file or maybe have additional questions about what you would like to communicate in your letter, contact us today to book your consultation.
We're here to assist with professionalism, accuracy, and care.
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