In the Canadian legal system, Affidavit and Notarization are two common forms of document authentication, but they are often confused because of their similar functions. Based on the Commissioners for Taking Affidavits Act and the Notaries Act, this article analyzes the core differences between the two from the perspective of legal definition, applicable scenarios and operational procedures, and provides guidance for individuals and companies on document authentication.

I. Legal Definition and Core Basis of Affidavit and Notarization

1. Affidavit

It refers to a written statement made by the deponent on specific facts before a Commissioner of Oaths or a notary public, which must be confirmed as true by oath or affirmation. Legal basis:

  • The Commissioners for Oaths Act stipulates the qualifications of commissioners for oaths (such as lawyers, government appointees) and the procedures for administering oaths.
  • The Evidence Act recognizes the legality of affidavits as evidence in court

2. Notarization

A notary public certifies the authenticity of a document, the validity of a signature, and the legality of the document form, and is usually used for cross-border or official document authentication. Legal basis:

  • The Notarization Law regulates the professional qualifications of notaries and the validity of notarial documents
  • International treaties (such as the Hague Apostille Convention) recognize the validity of notarized documents for use abroad

II. Comparison of the five core differences

Comparative dimensions Affidavit Notarization
Core functions Prove the authenticity of stated facts (subjective factual statement) Prove the legality of document form and signature (objective document authentication)
Applicable scenarios Court litigation, immigration applications, filling out government forms (such as declaring income sources, family relationships) Cross-border documents (such as contracts, academic certificates, business registration certificates), official agency filings
Procedure requirements The person taking the oath must be present in person, take the oath verbally and sign the document in front of the oath commissioner The notary public will review the original document, confirm that the signature is consistent with the identity, and then stamp it with the notary seal
Document content Contains specific facts stated by the deponent (e.g. “I confirm that I am the sole shareholder of ABC Company”) Only proves the authenticity of the signature or seal on the document, does not involve substantive review of the document content
Legal effect Can be used as evidence in court, false oath may constitute perjury (Criminal Code Article 131) Enhancing the credibility of documents is a common prerequisite for overseas institutions to accept documents (such as the requirements of the Chinese Embassy in Canada)

III. The whole process of making a Canadian affidavit

1. Prepare the oath

  • The document should be written in English (if Chinese is required, a certified translation should be attached). The content should be specific and clear, and avoid vague expressions.
  • Contains the basic information of the person making the oath (name, address, ID number), the facts stated and the date

2. Make an appointment with a Commissioner for Oaths

  • A list of commissioners for oaths can be obtained by contacting a law firm, ServiceOntario or a court office.
  • Some banks and accounting firms also provide oath services (qualifications must be confirmed)

3. On-site oath and signature

  1. Bring your valid ID (passport, driver’s license) to the venue
  2. After the oath officer verifies the identity, he/she reads the oath (e.g. “I swear that what I say is true and correct”)
  3. The person making the oath signs the document, and the commissioner fills in the qualification information and stamps the affidavit (Affidavit Commissioner Stamp)

IV. Key steps for notarization

1. Preliminary review of documents

  • Submit original documents and copies (for example, the contract requires the original signed by both parties)
  • The notary examines whether the document is complete and the signature is clear. Foreign documents must be accompanied by an English translation.

2. Identity verification and signature confirmation

  • Notary Public verifies applicant’s identity with government-issued documents (e.g. passport, health card)
  • If the document has not been signed, it must be signed on the spot in front of the notary public; if it has been signed, it is necessary to confirm that the signature is consistent with the identity

3. Affixing notarial seal and certificate

  • The notary public stamps the notary public seal on the designated location of the document, indicating the notarization date and number.
  • Complex documents (such as multi-page contracts) need to add a saddle stamp or a notarized cover (Certificate of Authentication)

V. How to choose the appropriate authentication method?

1. Choose an affidavit when you need to state facts

  • Example: To prove that you have lived in Toronto for the past five years in your immigration application, you must submit an affidavit containing your specific address and residence time.
  • Evidence submitted in court proceedings (such as bank statements, witness testimony) must be submitted in the form of an affidavit.

2. Choose notarization if you need to authenticate the legality of the document

  • Example: A Chinese company needs the business license of its Canadian partner, and a notary public must certify that the document is consistent with the original
  • Educational certificates and marriage certificates used outside Canada usually need to be notarized before being certified by the Hague or consular authorities.

3. Two-factor authentication for special scenarios

  • Evidence documents involved in cross-border litigation may require the preparation of an affidavit to prove the facts and then notarization of the affidavit itself to meet the requirements of the foreign court.
  • In a corporate M&A transaction, foreign investors may require notarization of both the shareholder affidavit and the company documents.

Concluding remarks

Although both affidavits and notarization belong to the same legal document authentication system, the former focuses on the authenticity of factual statements, while the latter focuses on the legality of the document form. The application should be selected according to the specific scenario. When applying for certification in Canada, it is recommended to consult professional legal professionals first to ensure that the documents meet the requirements of the target country or institution to avoid invalidation of the documents due to errors in the form of certification. For important documents used across borders, a complete authentication process (such as oath + notarization + Apostille) is the key to ensuring their legal effectiveness. Prior compliance review can effectively reduce the risk of subsequent use.

(Legal basis for this article: Sections 3-5 of the Canadian Commissioners for Oaths Act; Sections 12-15 of the Notary Act; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents)

JZW Law has an experienced team of notarization and sworn attorney. They are fluent in both Chinese and English and provide professional legal services. We specialize in handling complex property division, corporate equity, trusts, overseas assets and other related issues. We provide preliminary consultation services, and you are welcome to contact us for more information or to make an appointment for consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please consult a professional lawyer.