A BC Notary Public can help you with the swearing of oaths for affidavits and statutory declarations. An ‘oath’ is a solemn promise made by an individual, signifying that they are bound in conscience to act faithfully and truthfully as they swear to do something or state that something is true. How do affidavits differ from statutory declarations?
What is an Affidavit?
An ‘affidavit’ is a written or printed statement of fact, made voluntarily, and confirmed by the oath or affirmation of the party making it.
The individual swearing to the statement being made is known as the ‘affiant’.
How Does an Affidavit Work?
When an affidavit is being sworn, the affiant must answer “I do” to: “Do you, so and so, swear that the contents of this affidavit are true to the best of your knowledge, information and belief, so help you God?” This proceeding is typically lead by a commissioner for oaths or a Notary Public.
In Canada, a Commissioner for Oaths is an individual who can administer oaths and take affidavits and statutory declarations. However, a notary can additionally attest or certify documents. The BC Ministry of Justice notes that an appointment as a Commissioner for Oaths does not authorize a person to certify or verify documents.
When are Affidavits used?
Different types of affidavits are used in different scenarios. Some examples may include:
- To present evidence in certain types of proceedings in the course of civil litigation, including chambers applications and at trial in limited circumstances
- To determine the issue of assessment of damages or of the value of goods in a civil lawsuit
- When a court’s decision is appealed, usually only written evidence is presented to the court, and sometimes this evidence includes affidavits
- Trustees, executors, administrators, and receivers, among others, are required to give affidavit evidence when submitting their accounts for review to beneficiaries and to officers of the court, such as judges, registrars, and masters
What is a Statutory Declaration?
A statutory declaration is a document which formalizes matters to be made known publicly and is equally as legally binding as an affidavit. Statutory declarations are based on statute law format and content requirements, and is a solemn statement made by a plaintiff or a witness, instead of an oath.
The individual who is making a declaration is called the declarant.
Statutory declarations are usually sworn as follows:
“I, [name], solemnly declare that [state the facts declared to], and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.”
The declarant must also answer to: “Do you, John Doe, declare that the contents of this declaration are true to the best of your knowledge, information and belief, knowing that it is of the same force and effect as if it were made under oath?”
The Difference between Affidavit vs. Statutory Declaration
In British Columbia, oaths must be sworn and witnessed by a Commissioner for Oaths or Notary Public and are mandated by the Canada Evidence Act and the British Columbia Evidence Act.
An affidavit is typically used for court purposes and/or to be used outside of Canada, whereas the statutory declaration is typically for non-court purposes (such as insurance loss claims) and is to be used within Canada.
Affidavits also include an ‘exhibit’, a document which supports the evidence for the statements made. An example of this is a contract attached to and incorporated in an affidavit, which can be served as evidence of the affidavit in court.
Requirements for Affidavits and Statutory Declarations
Whether making an affidavit or a statutory declaration, the affiant or declarant must answer: “Yes” or “I do” or “So help me God,” as appropriate. When you make an appointment with a commissioner of oaths or notary public, your identity must be verified as the person swearing to the document.
Therefore, you must bring two pieces of government-issued identification; one of which must include your name, current address, signature and photograph (passport, driver’s license) and another bearing your name and signature (SIN card, birth certificate).
Note: Under the Criminal Code of Canada, it is an offence (with a maximum penalty of two years imprisonment) to sign a document purporting to be an affidavit or statutory declaration sworn or declared before you, when in fact the document was not so sworn or declared.
Juris Notary Is Here For You
At Juris Notary, we can help you with affidavits and statutory declarations. Should you have any additional questions or would like to inquire further about our services, please feel free to call us at 604.416.0211 or email info@jurisnotary.com to learn more today.