At a glance
- Sworn before an Alberta lawyer acting as commissioner for oaths or notary public
- Bring valid government photo ID and your complete, unsigned document
- Used for court filings, lost ID, name changes, estates and more
- Don’t have a document yet? We can draft it for you
What is an affidavit, and when do you need one?
An affidavit is a written statement of facts that you, the deponent, swear or affirm is true in front of a person authorized to administer oaths, such as a commissioner for oaths or a notary public. Because it is made under oath, an affidavit carries legal weight: courts, government agencies and businesses rely on it as evidence.
In Calgary, our clients most often need affidavits for:
- Court proceedings in the Court of King’s Bench of Alberta or the Alberta Court of Justice, including family, civil and estate matters.
- Financial and property matters, such as affidavits of execution for land documents or affidavits supporting a financial statement.
- Estate files, where executors swear affidavits in support of an application for a grant of probate or administration.
- Identity and residency, where an organization asks you to confirm facts about yourself under oath.
If you are not sure whether your situation calls for an affidavit or a statutory declaration, bring the request you received. We will read it and tell you which document fits.
Statutory declarations: the solemn alternative
A statutory declaration serves a similar purpose to an affidavit, but it is usually used outside court proceedings. Instead of swearing an oath, you make a solemn declaration that the contents are true, conscientiously believing them to be true and knowing the declaration has the same force and effect as if made under oath.
Statutory declarations are made under either the federal Canada Evidence Act or the Alberta Evidence Act, depending on who will rely on the document. Federal bodies such as passport or immigration offices typically expect the federal form, while provincial agencies and many private organizations use the Alberta form. Using the wrong wording can lead to a rejected document, so we check the form against the requesting body’s instructions.
Common statutory declarations include:
- Declarations of lost, stolen or destroyed identification or documents
- Common-law or adult interdependent relationship declarations
- Declarations of residency, marital status or single status
- Name change and “one and the same person” declarations
- Declarations requested by insurers, pension plans and financial institutions
How swearing or affirming works at our office
Commissioning is a formal step, and it has to be done properly for the document to be accepted. When you arrive, we will:
- Confirm your identity using valid, unexpired government-issued photo ID.
- Review the document with you to make sure it is complete, that exhibits are attached and labelled, and that you understand what you are signing.
- Administer the oath or affirmation. You may swear on a religious text or make a solemn affirmation. Both are legally equivalent.
- Watch you sign, then sign, date and stamp the jurat (the signing block) with our commissioning details.
- Mark any exhibits with the required exhibit stamps so they are tied to the affidavit.
Do not sign ahead of time. The document must be signed in front of the commissioner. If it is already signed, you will need a fresh, unsigned copy.
A commissioner confirms your identity and that you swore or declared the contents. We do not verify that every statement is true; responsibility for accuracy is yours, which is why careful drafting matters.
In focus
Affidavit or statutory declaration? Side by side
| Affidavit | Statutory declaration | |
|---|---|---|
| Where it is used | Mainly court and legal proceedings | Mainly outside court: agencies, insurers, employers |
| How it is made | Sworn under oath or affirmed | Solemnly declared |
| Typical examples | Family court evidence, probate applications, affidavits of execution | Lost ID, common-law status, name confirmation |
| Exhibits | Often attached and stamped | Sometimes attached |
| False statements | Can be a criminal offence | Can be a criminal offence |
We can draft it for you, not just stamp it
Many people arrive with a form supplied by a court, government office or bank. Others only know they have been asked for “a sworn statement”. In that case we can draft the document for you.
A well-drafted affidavit sticks to facts you know personally, sets them out in numbered paragraphs, identifies the source of any information you were told by someone else, and attaches the right exhibits. Poorly drafted affidavits are a common reason court applications are adjourned or documents are sent back.
When drafting, we will ask you about:
- Who asked for the document and what they need it to prove
- The specific facts, dates and names involved
- Supporting records you want attached as exhibits
- Any form, template or wording the requesting body requires
Drafting is a legal service, so it may involve a short consultation before your signing appointment. For court matters that are part of a larger dispute, our civil litigation and family law teams can advise on the bigger picture as well.
What to bring to your appointment
A smooth appointment is usually quick. To avoid a second trip, bring:
- Valid government-issued photo ID, such as a driver’s licence, passport or provincial identification card. Some documents ask for two pieces of ID.
- The complete, unsigned document, with every page, including blank pages that are part of a form.
- All exhibits referred to in the affidavit, in the order they are mentioned.
- Any instructions from the court, agency or organization that asked for the document.
- Every person who must sign. Each deponent or declarant has to appear and swear or declare personally.
If the document is in a language other than English, tell us in advance. We need to be sure you understand what you are swearing to, which may mean arranging a translation and a translator’s affidavit.
Affidavits in court, estate and property matters
Affidavits filed in the Court of King’s Bench of Alberta must follow the Alberta Rules of Court, which set out formatting, the jurat and how exhibits are marked. Family matters often require sworn financial statements and affidavits in support of applications about parenting, support or property. A missing exhibit stamp or an incomplete jurat can mean the clerk refuses to file the document.
In estates, personal representatives swear affidavits as part of an application for a grant of probate or administration, and sometimes to confirm details about the will or the deceased. If you are an executor, our probate and estate administration page explains the wider process.
Real estate transactions can also call for sworn documents, such as affidavits of execution for land titles documents and dower affidavits, which have their own requirements. Our real estate team handles these routinely.
Sworn documents for use outside Canada
If your affidavit or declaration will be used in another country, the receiving authority may ask for more than a commissioner’s stamp. In that case the document is typically signed before a notary public, then sent for an apostille or further authentication.
Canada joined the Hague Apostille Convention in January 2024. For documents notarized in Alberta, apostilles are generally issued by the Government of Alberta, while federally issued documents go through Global Affairs Canada. Countries that are not party to the Convention may still require authentication and legalization through their embassy or consulate.
Before your appointment, ask the receiving authority exactly what they need: notarization only, an apostille, or legalization. We will make sure the notarial certificate is completed in a way that supports the next step. If you also need copies of supporting records, see our certified true copies service.
FAQs
Frequently asked questions.
Can a lawyer commission any affidavit in Alberta?
Alberta lawyers are authorized to act as commissioners for oaths and notaries public, so we can commission affidavits and statutory declarations for use in Alberta, elsewhere in Canada and, with notarization, abroad. Some organizations have their own rules about who may witness their forms, so bring the instructions you were given and we will check them before you sign.
What is the difference between a commissioner for oaths and a notary public?
A commissioner for oaths can administer oaths and take affidavits and declarations, generally for use in Alberta. A notary public can do that and more, including certifying true copies and notarizing documents for use outside the province or country. Lawyers in Alberta hold both authorities, so we can handle whichever your document requires.
Can someone else sign for me?
No. Each person who makes an affidavit or statutory declaration must appear personally, prove their identity and swear or declare the contents themselves. Holding a power of attorney for someone generally does not allow you to swear an affidavit on their behalf. If a person cannot attend because of illness or mobility, contact us to discuss the options.
What if I find a mistake after the affidavit is sworn?
Once an affidavit has been sworn, you should not change it by hand. If you discover an error, the usual solution is to swear a new or supplementary affidavit that corrects it. Small corrections made before swearing should be initialled by you and the commissioner. We can help you decide which approach fits your situation.
Do you keep a copy of my document?
We keep a record of the appointment as our professional obligations require, and we handle any copies in line with our privacy practices. The original signed document is yours to file or send. If you will also need certified copies, mention it when you book so we can prepare them at the same appointment.
How long does an appointment take?
Commissioning a document that is already prepared is usually a short appointment when the paperwork is complete and everyone who must sign is present. Drafting a new affidavit takes longer, because we need to gather the facts and prepare the document first. Booking ahead lets us confirm what you need so your visit stays quick.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Further reading