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New Resources: Affidavit & Commissioner of Oath

November 09, 2016
nico koenig

People often have need for an affidavit.

Depending on the document’s intended purpose, the person may be able to see a lawyer or a commissioner of oaths to help them with the oath and signing of a document. Depending on these needs, you will need to decide which service is most suitable for you. We have attached a resource to explain what limitations a Commissioner of Oaths would have in their ability to sign your documents.

Once you are certain the clinic you are visiting can commission your document, you must visit this clinic in person. The request for the affidavit/Commissioner of Oaths service must be made by the same individual taking the oath and signing the document. You must also present one original piece of photo identification in the form of government-issued photo identification, (i.e. a valid driver's licence, a valid passport or a BYID age-of-majority card). A health card is not an acceptable form of identification.

There are a number of locations in Ottawa that offer brief services to people seeking these services:

Legal Aid Ontario

Integrated Legal Services
Address: 85 Albert Street, Ottawa ON
Phone: 613-569-7448
Day(s): Tuesday and Thursday
Hours: 9am-12noon. Drop-in clinic only.
Cost: None
Description: Lawyers are available to assist clients with many types of affidavit/documents.

Legal Aid Ontario Duty Counsel at Community Health Centres and Legal Clinics

Duty Counsel services are available at various locations throughout the city on various days. Certain locations require a scheduled appointment.

Eastern Ottawa Resource Centre
Address: 1980 Ogilvie Road, Suite 215,
                Gloucester, Ontario
Phone: 613-741-6025
Day: Tuesday
Hours: 4:00-7:00pm. Drop-in clinic only.
Cost: None

Nepean, Rideau, and Osgoode Community Resource Centre
Address: 1547 Merivale Road, Suite 240, Nepean, Ontario
Phone: 613-596-5626
Day: Thursday
Hours:1:00-4:00pm. Drop-in clinic only.
Cost: None

South Ottawa Community Legal Services
Address: 1355 Bank Street, Suite 406, Ottawa, ON
Phone: 613-733-0140
Day: Tuesday
Hours: 9:00am-1:00pm. Drop-in clinic only.
Cost: None

Vanier Community Services Centre/Clinique Juridique Francophone de l’Est d’Ottawa
Address: 290 Dupuis Street, Vanier, ON
Phone: 613-744-2892
Day: Monday
Hours: 1:00-5:00pm. By appointment only.
Cost: None
 

City of Ottawa - Client Services Center

City Hall
Address: 110 Laurier Ave W, Ottawa ON
Phone: 3-1-1, Client Services Center
Day: Monday - Friday
Hours: 8:30am-5pm. No appointment needed.
Cost: $13.60, payable by cash, cheque, debit or credit card.
Description: There is a commissioner of oaths available.  This person is not a lawyer and so it is slightly different in the capacity that they can assist a client. See attached for more details.

 

Affidavit Information

 

An affidavit is a document containing statements that are verified by the swearing of an oath or by an affirmation. Affidavits are generally used for the purpose of establishing legal rights and may be required to attest to a certain fact or set of facts.

There are four parts to an affidavit.

  1. Identification of the person giving the affidavit (deponent or affiant).
  2. Body of the affidavit, which provides the evidence or the statement of fact.
  3. The signature of the deponent
  4. Jurat – including the signature of the Commissioner taking the affidavit.  The Jurat is the certificate of the Commissioner before whom the document was sworn.  It sets out the location of where the oath was administered and the date of the oath.  By signing the jurat, the commissioner is certifying that he or she has administered the oath to the deponent.  If Exhibits are attached to the Affidavit then the Commissioner must also sign the Exhibits certifying them to be part of the affidavit.

 

Commissioner of Oaths

 

The following is small listing of forms a Commissioner of Oaths CAN sign:

●       Delayed birth registration forms;

●       Application to amend birth registration;

●       Declaration affirming parentage;

●       Election to change of name of child under the age of 12;

●       Statutory declaration by an applicant to correct an error in registration;

●       Legal name change application;

●       Blank statutory declaration;

●       City of Ottawa planning applications;

●       Insurance claims;

●       Common law status affidavits;

●       Vehicle ownership transfers;

●       Special invitations to family members overseas;

●       Passport applications (in lieu of guarantor);

●       Pension purpose attestations of recipient being alive and confirming their residency;

●       Residency document;

●       Lost passport;

●       Single status certificate;

●       Consent letter for traveling with a child commonly referred to as a travel document;

●       Federal government permanent residency card applications (this is the only application for which the City of Ottawa reserves the right to produce a true copy as required);

●       Municipal Information Form (MIF) for liquor license;

●       Affidavit waiving vaccinations based on religious grounds

The following is a listing of documents a Commissioner of Oaths CANNOT sign:

●       Any affidavit related to divorces, separations or estates;

●       Documents that need to be certified or if true copies need to be authored;

●       Forms which call upon a Commissioner of Oath, yet also request certified true copies of other documents as attachments. Because the Commissioner cannot certify attachments, they cannot sign the affixed application (as listed above, the only exception is that of a federal government permanent residency application);

●       Affidavits of true affidavits required for an applicant of a marriage license. These must be forged by a notary public.