DAOD 7000-1, Completion of Affidavits and Statutory Declarations

Introduction
General Rules
Procedures
Ontario Affidavit Form
Sample Completed Ontarion Affidavit Form
Ontario Statutory Declaration Form
Sample Completed Ontario Statutory Declaration Form
Provincial and Territorial Statutory Auhtorities and Jurats
References

1. Introduction

Date of Issue: 1998-03-31

Date of Last Modification: 2007-08-10

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession: CFAO 59-1, Affidavits and Statutory Declarations - Commissioned Officer's Authority Under Provincial Laws

Approval Authority: Judge Advocate General (JAG)

Enquiries: Directorate of Law Military Personnel or the nearest JAG representative

2. General Rules

Selection of Affidavit or Statutory Declaration

2.1 The proper form to use for judicial proceedings is normally an affidavit, which is a statement made in writing sworn to or affirmed in front of a person having the authority to administer an oath or affirmation.

2.2 In other circumstances, the appropriate form is normally a statutory declaration, which is a solemn declaration made in writing by a person believing it to be true and knowing that it is of the same force and effect as if made under oath.

Selection of Jurat

2.3 The jurat is the clause at the bottom of an affidavit or statutory declaration that provides when, where and before whom the affidavit was sworn or affirmed or the statutory declaration was declared. The appropriate jurat is selected from those set out in the Provincial and Territorial Statutory Authorities and Jurats map. Selection of the appropriate jurat, and its application to a blank affidavit or statutory declaration form, permit the use of these forms in any province or territory. Care shall be taken to:

ensure that the conditions of the applicable provincial or territorial laws are met; and
select the jurat for the province or territory in which the affidavit or statutory declaration is to be used.

Example - A CAF member at Canadian Forces Base Shilo, Manitoba, wishes to have an affidavit prepared for use in a court in the province of Alberta. The correct jurat to use is that for Alberta, not Manitoba.

2.4 However, if an affidavit or statutory declaration is intended for use in any federal department or agency, for example, DND or the Department of Veterans Affairs, an affidavit or statutory declaration taken in any province or territory using the jurat applicable to that province or territory is acceptable.

2.5 If the jurat provides a choice of bracketed words, the words not used shall be omitted or struck out.

Caution as to Important Documents

2.6 If important legal documents affecting civil matters are involved, for example, documents in respect of land, the distribution or liquidation of estates, or court proceedings, the deponent or declarant should, before completing the affidavit or statutory declaration, always obtain legal advice or specific instructions from the originator of the document.

2.7 In some cases, a notary public may have to take the oath, affirmation or declaration.

Limitations

2.8 In respect of Quebec or Saskatchewan documents, a commissioned officer is only authorized to administer an oath or take an affirmation or statutory declaration for a CAF member.

Admissibility in Evidence

2.9 Under applicable provincial and territorial laws, documents may be admissible in evidence if certain conditions are met. To avoid problems as to the admissibility of documents, the jurat should always contain the officer's rank and unit below the signature of the officer taking the oath, affirmation or declaration.

Penalty for Misuse

2.10 Section 131 of the Criminal Code provides that a person commits perjury by making a false statement with intent to mislead, under oath or solemn affirmation in an affidavit or statutory declaration, knowing that the statement is false. A person who commits perjury is guilty under section 132 of the Criminal Code of an indictable offence and is liable to imprisonment for up to 14 years.

2.11 Section 138 of the Criminal Code provides that certain improper activities in respect of affidavits or statutory declarations are indictable offences and punishable on conviction by imprisonment for up to two years.

2.12 Section 125 of the National Defence Act provides that a person who wilfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding three years or to less punishment.

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3. Procedures

Affidavits

3.1 Affidavits shall be completed as follows:

Step	Action
1	The officer before whom the affidavit is made shall ensure that: he or she has authority under the applicable provincial or territorial law (see the Provincial and Territorial Statutory Authorities and Jurats map) to take the oath or affirmation; and the person swearing or affirming the affidavit (the deponent) does so in the presence of the officer.
2	The officer shall be satisfied that the deponent: is the person named in the affidavit; and has read the affidavit and understands its contents.
3	The deponent shall sign the affidavit in the designated place and initial any alterations or insertions.
4	If the deponent …	the officer …
	desires to swear an oath,	shall direct the deponent to hold the Bible in the right hand and shall administer the following oath: Do you swear that the contents of this, your affidavit, are the truth, the whole truth, and nothing but the truth, so help you God?
	objects to swearing in the above manner,	may administer an oath in such other manner and form as authorized by the applicable provincial or territorial law (see the Provincial and Territorial Statutory Authorities and Jurats map).
	agrees to make an affirmation,	shall administer the following affirmation: Do you solemnly affirm that the contents of this, your affidavit, are the truth, the whole truth, and nothing but the truth?
5	If there are exhibits attached to the affidavit, the following endorsement shall be made on each exhibit: This is Exhibit (insert "A", "B", etc.) referred to in and forming part of the attached affidavit of (insert name of deponent) made the (insert day, month and year). (signature of officer)
6	The officer, after making a final check, shall: fill in and sign the jurat; ensure that the correct date is shown; and initial all alterations or insertions in the jurat.

Statutory Declarations

3.2 Statutory declarations shall be completed as follows:

Step	Action
1	The officer before whom the statutory declaration is made shall ensure that: he or she has authority under the applicable provincial or territorial law (see the Provincial and Territorial Statutory Authorities and Jurats map) to take the statutory declaration; and the person making the statutory declaration (the declarant) does so in the presence of the officer.
2	The officer shall be satisfied that the declarant: is the person named in the statutory declaration; and has read the statutory declaration and understands its contents.
3	The declarant shall sign the statutory declaration in the designated place and initial any alterations or insertions.
4	The officer shall administer the following solemn declaration to the declarant: Do you make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath?
5	If there are exhibits attached to the statutory declaration, the following endorsement shall be made on each exhibit: This is Exhibit (insert "A", "B", etc.) referred to in and forming part of the attached statutory declaration of (insert name of declarant) made the (insert day, month and year). (signature of officer)
6	The officer, after making a final check, shall: fill in and sign the jurat; ensure that the correct date is shown; and initial all alterations or insertions in the jurat.

Abbreviations

3.3 Abbreviations, such as those of places, units, names, ranks or appointments, shall not be used.

Officer's Name

3.4 The name of the officer taking the affidavit or statutory declaration shall be typed or printed immediately under the officer's signature in the jurat.

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4. Ontario Affidavit Form

An example of the Ontario Affidavit Form is shown below. Download a copy (unofficial version) of the form.

CANADA
PROVINCE OF ______

IN THE MATTER OF _____

(If outside Canada, show place where taken) _____

TO WIT:

I, (name in full and, if applicable, service number and rank) (address) a member of the Canadian Forces (if a civilian, delete and insert occupation).

MAKE OATH OR AFFIRMATION AND SAY _____

etc.

SWORN OR AFFIRMED before me at the (city, town, etc.) in the (county, district, etc.) in the Province of _____ this ________ day of (month) A.D. 20(year).

(name – in full) (deponent)

(rank – in full)

(unit – in full)

A commissioned officer on full-time service in the Canadian Forces R.S.O. 1990, c. E.23,
ss.44(1)

5. Sample Completed Ontario Affidavit Form

CANADA
PROVINCE OF Ontario

IN THE MATTER OF Small Claims Court of Ontario John Smith (Plaintiff) and Her Majesty in Right of

(If outside Canada, show place where taken) Canada

TO WIT:

I, William Alexander Jones, D11 222 333, Corporal 328 Maurepas Crescent, Ottawa, Ontario, K1A 1A1 a member of the Canadian Forces.

MAKE OATH OR AFFIRMATION AND SAY

That on the 29th of November 2005, I was the driver of a 2004 Bombardier truck, license number CFR 97231, a vehicle of the Canadian Forces.
That the said vehicle was involved in an accident with a 2005 Chrysler Dynasty at the corner of Kenaston Boulevard and Academy Road in the City of Ottawa, Province of Ontario, at about 1130 hours on that day.
That I am informed by the solicitors for the Canadian Forces and do verily believe that the said vehicle was driven by John Smith.
That there was one other passenger in my vehicle, being Master Corporal Elliot Terence Green.
That the contents of this affidavit are true to the best of my knowledge and belief.

SWORN OR AFFIRMED before me at the City of Ottawa in the Province of Ontario this 20th day of January A.D. 2006

Mary Jane Stewart W.A.Jones

Captain

National Defence Headquarters

A commissioned officer on full-time service in the Canadian Forces R.S.O. 1990, c. E.23,
ss.44(1)

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6. Ontario Statutory Declaration Form

An example of the Ontario Statutory Declaration Form is shown below. Download a copy (unofficial version) of the form.

CANADA
PROVINCE OF ______

IN THE MATTER OF _____

(If outside Canada, show place where taken) _____

TO WIT:

I, (name in full and, if applicable, service number and rank) (address) a member of the Canadian Forces (if a civilian, delete and insert occupation).

DO SOLEMNLY DECLARE THAT: ______

etc.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

DECLARED before me at the (city, town, etc.) in the (county, district, etc.) in the Province of _____ this (day)day of (month) A.D. 20 (year).

(name – in full) (declarant)

(rank – in full)

(unit – in full)

A commissioned officer on full-time service in the Canadian Forces R.S.O. 1990, c. E.23,
ss.44(1)

7. Sample Completed Ontario Statutory Declaration Form

CANADA
PROVINCE OF Ontario

IN THE MATTER OF Lost Parking Receipt

(If outside Canada, show place where taken) _____

TO WIT:

I, Mary Elizabeth Jones, D23 456 789, Sergeant 231 Main Street, Ottawa, Ontario, K2A 2A2 a member of the Canadian Forces.

DO SOLEMNLY DECLARE THAT:

On 6 December 2005, I was on temporary duty and attended a computer symposium at the Metropolitan Conference Centre in downtown Toronto. A true copy of my symposium registration is attached as Exhibit "A". (Note - Exhibit"A" is not attached to this example.)
During the symposium, I parked my vehicle at the Universal Parking lot at Bloor and Jarvis Street and paid $12.00 for parking.
The original parking receipt has been lost.
And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

DECLARED before me at the City of Ottawa in the Province of Ontario this 20th day of January A.D. 2006

Collin Albert Black Mary Jones

Captain

Canadian Forces Support Unit Ottawa

A commissioned officer on full-time service in the Canadian Forces R.S.O. 1990, c. E.23,
ss.44(1)

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8. Provincial and Territorial Statutory Authorities and Jurats

General

8.1 The applicable provincial and territorial statutory authorities, forms of jurat and pertinent remarks are set out in the tables in this map in the following order:

Alberta;
British Columbia;
Manitoba;
New Brunswick;
Newfoundland and Labrador;
Nova Scotia;
Ontario;
Prince Edward Island;
Quebec;
Saskatchewan;
Northwest Territories;
Nunavut; and
Yukon.

Alberta

Statutory Authority	Form of Jurat	Remarks
Sections 8 and 11 of the Commissioners for Oaths Act, Revised Statutes of Alberta 2000, c. C-20, provide: "8 Every person holding a commission as an officer in the Canadian Forces and being on full-time service, whether in Canada or outside Canada, is by virtue of that commission a commissioner empowered to administer oaths and take and receive affidavits, declarations and affirmations in or outside Alberta for use in Alberta." "11 A commissioner or person when acting under this Act and in Alberta shall be styled 'A Commissioner for Oaths' and when so acting outside Alberta shall be styled 'A Commissioner for Oaths outside Alberta'."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. (A Commissioner for Oaths) (A Commissioner for Oaths outside Alberta) R.S.A. 2000, c. C-20 ss. 8 and 11	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

Statutory Authority

Form of Jurat

Remarks

Sections 8 and 11 of the Commissioners for Oaths Act, Revised Statutes of Alberta 2000, c. C-20, provide:

"8 Every person holding a commission as an officer in the Canadian Forces and being on full-time service, whether in Canada or outside Canada, is by virtue of that commission a commissioner empowered to administer oaths and take and receive affidavits, declarations and affirmations in or outside Alberta for use in Alberta."

"11 A commissioner or person when acting under this Act and in Alberta shall be styled 'A Commissioner for Oaths' and when so acting outside Alberta shall be styled 'A Commissioner for Oaths outside Alberta'."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

(A Commissioner for Oaths)

(A Commissioner for Oaths outside Alberta)

R.S.A. 2000, c. C-20 ss. 8
and 11

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

British Columbia

Statutory Authority	Form of Jurat	Remarks
Section 64 of the Evidence Act, Revised Statutes of British Columbia 1996, c. ;124, provides: "64. All commissioned officers of Her Majesty's naval, military and air forces of Canada on active service in or out of Canada and all Agents General for British Columbia are empowered to administer oaths and take and receive affidavits, declarations and affirmations in or out of British Columbia for use in British Columbia."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on active service in Her Majesty's (naval)(military) (air) forces of Canada. R.S.B.C. 1996, c. 124, s. 64	a. The commissioned officer is required to be on active service. Regular Force members were placed on active service anywhere in or beyond Canada pursuant to Order in Council P.C. ;1989-583 of 6 ;April 1989.

Statutory Authority

Form of Jurat

Remarks

Section 64 of the Evidence Act, Revised Statutes of British Columbia 1996, c. ;124, provides:

"64. All commissioned officers of Her Majesty's naval, military and air forces of Canada on active service in or out of Canada and all Agents General for British Columbia are empowered to administer oaths and take and receive affidavits, declarations and affirmations in or out of British Columbia for use in British Columbia."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on active service in Her Majesty's (naval)(military) (air) forces of Canada.

R.S.B.C. 1996, c. 124, s. 64

a. The commissioned officer is required to be on active service. Regular Force members were placed on active service anywhere in or beyond Canada pursuant to Order in Council P.C. ;1989-583 of 6 ;April 1989.

Manitoba

Statutory Authority	Form of Jurat	Remarks
Subsection 62(3) of the Manitoba Evidence Act, Re-enacted Statutes of Manitoba, 1987, c. E150, provides: "62(3) An oath, affidavit, affirmation, or statutory declaration administered, sworn, affirmed, made, or declared within or outside Manitoba before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed, or made within Manitoba before a commissioner for oaths appointed under Part II."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.M. 1987, c. E150, ss. ;62(3)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service. b. Under subsection 15(2) of the Manitoba Evidence Act, if a person objects to being sworn in the manner set out in subsection 15(1) of that Act or declares that the oath so administered is not binding upon the person's conscience, the oath may be administered in such manner and form and with such ceremonies as the person declares to be binding.

Statutory Authority

Form of Jurat

Remarks

Subsection 62(3) of the Manitoba Evidence Act, Re-enacted Statutes of Manitoba, 1987, c. E150, provides:

"62(3) An oath, affidavit, affirmation, or statutory declaration administered, sworn, affirmed, made, or declared within or outside Manitoba before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed, or made within Manitoba before a commissioner for oaths appointed under Part II."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.M. 1987, c. E150, ss. ;62(3)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

b. Under subsection 15(2) of the Manitoba Evidence Act, if a person objects to being sworn in the manner set out in subsection 15(1) of that Act or declares that the oath so administered is not binding upon the person's conscience, the oath may be administered in such manner and form and with such ceremonies as the person declares to be binding.

New Brunswick

Statutory Authority	Form of Jurat	Remarks
Sections 7.1 and 12 of the Commissioners for Taking Affidavits Act, Revised Statutes of New Brunswick, 1973, c. C-9, as amended by S.N.B. 1979, c. 8, s. 1, provide: "7.1 Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations within the Province for use within the Province." "12 Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations outside the Province for use therein."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on active service of or above the rank of major in the Canadian Armed Forces. R.S N.B. 1973, c. C-9, s. 12 S.N.B. 1979, c. 8, s. 1	a. The commissioned officer is required to hold the rank of major or equivalent or higher. b. The officer is required to be on active service. Regular Force members were placed on active service anywhere in or beyond Canada pursuant to Order in Council P.C. 1989-583 of 6 April 1989. c. The authority for an officer to administer oaths and to take and receive affidavits, statutory declarations or affirmations outside New Brunswick for use in New Brunswick is R.S.N.B. 1973, c. C-9, s. ;12. d. The authority for an officer to administer oaths and to take and receive affidavits, statutory declarations or affirmations within New Brunswick for use in New Brunswick is S.N.B. 1979, c. 8, s. 1.

Statutory Authority

Form of Jurat

Remarks

Sections 7.1 and 12 of the Commissioners for Taking Affidavits Act, Revised Statutes of New Brunswick, 1973, c. C-9, as amended by S.N.B. 1979, c. 8, s. 1, provide:

"7.1 Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations within the Province for use within the Province."

"12 Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations outside the Province for use therein."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on active service of or above the rank of major in the Canadian Armed Forces.

R.S N.B. 1973, c. C-9, s. 12 S.N.B. 1979, c. 8, s. 1

a. The commissioned officer is required to hold the rank of major or equivalent or higher.

b. The officer is required to be on active service. Regular Force members were placed on active service anywhere in or beyond Canada pursuant to Order in Council P.C. 1989-583 of 6 April 1989.

c. The authority for an officer to administer oaths and to take and receive affidavits, statutory declarations or affirmations outside New Brunswick for use in New Brunswick is R.S.N.B. 1973, c. C-9, s. ;12.

d. The authority for an officer to administer oaths and to take and receive affidavits, statutory declarations or affirmations within New Brunswick for use in New Brunswick is S.N.B. 1979, c. 8, s. 1.

Newfoundland and Labrador

Statutory Authority	Form of Jurat	Remarks
Subsection 33(1) of the Evidence Act, Revised Statutes of Newfoundland and Labrador 1990, c. E-16, provides: "33.(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made within or outside the province before a person who holds a commission as an officer in the Canadian armed forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the province before a person before whom it could have been lawfully administered, sworn, affirmed or made within the province."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.N.L. 1990, c. E-16, ss. ;33(1)	a. The person holding a commission as a CF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

Statutory Authority

Form of Jurat

Remarks

Subsection 33(1) of the Evidence Act, Revised Statutes of Newfoundland and Labrador 1990, c. E-16, provides:

"33.(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made within or outside the province before a person who holds a commission as an officer in the Canadian armed forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the province before a person before whom it could have been lawfully administered, sworn, affirmed or made within the province."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.N.L. 1990, c. E-16, ss. ;33(1)

a. The person holding a commission as a CF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

Nova Scotia

Statutory Authority	Form of Jurat	Remarks
Section 12 of the Notaries and Commissioners Act, Revised Statutes of Nova Scotia 1989, c. 312, provides: "12 Every commissioned officer of the Canadian Armed Forces being on active service, whether in Canada or outside of Canada, shall by virtue of his office, and without any appointment by the Governor in Council, be and is hereby authorized to administer oaths and take and receive affidavits, declarations and affirmations within or without the Province for use within the Province."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on active service in the Canadian Armed Forces. R.S.N.S. 1989, c. 312, s. 12	a. The commissioned officer is required to be on active service. Regular Force members were placed on active service anywhere in or beyond Canada pursuant to Order in Council P.C. 1989-583 of 6 April 1989. b. The insertion of the officer's rank and unit should satisfy the requirement of the office of the officer.

Statutory Authority

Form of Jurat

Remarks

Section 12 of the Notaries and Commissioners Act, Revised Statutes of Nova Scotia 1989, c. 312, provides:

"12 Every commissioned officer of the Canadian Armed Forces being on active service, whether in Canada or outside of Canada, shall by virtue of his office, and without any appointment by the Governor in Council, be and is hereby authorized to administer oaths and take and receive affidavits, declarations and affirmations within or without the Province for use within the Province."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on active service in the Canadian Armed Forces.

R.S.N.S. 1989, c. 312, s. 12

b. The insertion of the officer's rank and unit should satisfy the requirement of the office of the officer.

Ontario

Statutory Authority	Form of Jurat	Remarks
Subsection 44(1) of the Evidence Act, Revised Statutes of Ontario 1990, c. ;E.23, provides: "44.(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made in or outside Ontario before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made in Ontario before a commissioner for taking affidavits in Ontario."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.O. 1990, c. E.23, ss. 44(1)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service. b. Under section 16 of the Evidence Act, if a person objects to being sworn while holding a copy of the Old or New Testament in his or her hand, or declares that the oath so administered is not binding upon the person's conscience, an oath may be administered in such manner and form and with such ceremonies as the person declares to be binding.

Statutory Authority

Form of Jurat

Remarks

Subsection 44(1) of the Evidence Act, Revised Statutes of Ontario 1990, c. ;E.23, provides:

"44.(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made in or outside Ontario before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made in Ontario before a commissioner for taking affidavits in Ontario."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.O. 1990, c. E.23, ss. 44(1)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

b. Under section 16 of the Evidence Act, if a person objects to being sworn while holding a copy of the Old or New Testament in his or her hand, or declares that the oath so administered is not binding upon the person's conscience, an oath may be administered in such manner and form and with such ceremonies as the person declares to be binding.

Prince Edward Island

Statutory Authority	Form of Jurat	Remarks
Subsection 4(2) of the Affidavits Act, Revised Statutes of Prince Edward Island 1988, c. A-7, provides: "(2) Every person holding a commission as an officer in the Canadian Forces and being on full-time service whether in Canada or outside Canada, shall be empowered to administer oaths and to take and receive affidavits, declarations and affirmations within or outside the province for use within the province, and the provisions of section 5 shall not apply thereto."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.P.E.I. 1988, c. A-7, ss. ;4(2)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

Statutory Authority

Form of Jurat

Remarks

Subsection 4(2) of the Affidavits Act, Revised Statutes of Prince Edward Island 1988, c. A-7, provides:

"(2) Every person holding a commission as an officer in the Canadian Forces and being on full-time service whether in Canada or outside Canada, shall be empowered to administer oaths and to take and receive affidavits, declarations and affirmations within or outside the province for use within the province, and the provisions of section 5 shall not apply thereto."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.P.E.I. 1988, c. A-7, ss. ;4(2)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

Quebec

Statutory Authority	Form of Jurat	Remarks
The second paragraph of section 219 of the Courts of Justice Act, Revised Statutes of Quebec 1977, c. T-16, as amended by S.Q. 1999, c. 40, s. 324, provides: "Any commissioned officer of the Canadian Armed Forces who holds the rank of major or an equivalent or higher rank is authorized to administer to or receive of any person enrolled in the Canadian Armed Forces the same oath as a commissioner appointed under section ;214."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer of or above the rank of major or equivalent in the Canadian Armed Forces. R.S.Q. 1977, c. T-16, s. 219 S.Q. 1999, c. 40, s. 324	a. The commissioned officer is required to hold the rank of major or equivalent or higher. b. The officer is only empowered to take affidavits or statutory declarations of CAF members.

Statutory Authority

Form of Jurat

Remarks

The second paragraph of section 219 of the Courts of Justice Act, Revised Statutes of Quebec 1977, c. T-16, as amended by S.Q. 1999, c. 40, s. 324, provides:

"Any commissioned officer of the Canadian Armed Forces who holds the rank of major or an equivalent or higher rank is authorized to administer to or receive of any person enrolled in the Canadian Armed Forces the same oath as a commissioner appointed under section ;214."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer of or above the rank of major or equivalent in the Canadian Armed Forces.

R.S.Q. 1977, c. T-16, s. 219 S.Q. 1999, c. 40, s. 324

a. The commissioned officer is required to hold the rank of major or equivalent or higher.

b. The officer is only empowered to take affidavits or statutory declarations of CAF members.

Saskatchewan

Statutory Authority	Form of Jurat	Remarks
Section 10 of the Commissioners for Oaths Act, Revised Statutes of Saskatchewan 1978, c. ;C-16, provides: "10(1) Every person holding a commission as an officer in Her Majesty's permanent naval, military or air forces, if he holds the rank of lieutenant in the naval forces or captain in the military forces or flight lieutenant in the air forces, or a higher rank, may, either in or outside Saskatchewan, administer oaths to and take and receive affidavits, declarations and affirmations by members of any of the said forces, for use in Saskatchewan. (2) Every oath, affidavit, declaration or affirmation taken or made before such officer shall be as valid and effectual and shall be of the like force and effect as if the oath, affidavit, declaration or affirmation had been administered by and taken, sworn, made or affirmed before a commissioner for taking affidavits or other competent authority of the like nature, provided the officer states after his signature his rank and the company, battalion, regiment, corps, or other unit to which he is attached."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer of or above the rank of (lieutenant)(captain)(flight lieutenant) in Her Majesty's permanent (naval) (military) (air) forces. R.S.S. 1978, c. C-16, s. 10	a. The person holding a commission as a CF officer is required to hold the rank of captain or equivalent or higher and to state the rank and the officer's unit in the jurat. b. The word "permanent" in subsection 10(1) is interpreted to mean Regular Force. c. The word "attached" in subsection 10(2) is not interpreted to mean "attachment" in the military sense. This requirement should be satisfied if the officer states the unit or other element to which the officer belongs or to which the officer may be attached posted in the military sense. d. The officer is only empowered to take affidavits or statutory declarations of CAF members.

Statutory Authority

Form of Jurat

Remarks

Section 10 of the Commissioners for Oaths Act, Revised Statutes of Saskatchewan 1978, c. ;C-16, provides:

"10(1) Every person holding a commission as an officer in Her Majesty's permanent naval, military or air forces, if he holds the rank of lieutenant in the naval forces or captain in the military forces or flight lieutenant in the air forces, or a higher rank, may, either in or outside Saskatchewan, administer oaths to and take and receive affidavits, declarations and affirmations by members of any of the said forces, for use in Saskatchewan.

(2) Every oath, affidavit, declaration or affirmation taken or made before such officer shall be as valid and effectual and shall be of the like force and effect as if the oath, affidavit, declaration or affirmation had been administered by and taken, sworn, made or affirmed before a commissioner for taking affidavits or other competent authority of the like nature, provided the officer states after his signature his rank and the company, battalion, regiment, corps, or other unit to which he is attached."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer of or above the rank of (lieutenant)(captain)(flight lieutenant) in Her Majesty's permanent (naval) (military) (air) forces.

R.S.S. 1978, c. C-16, s. 10

a. The person holding a commission as a CF officer is required to hold the rank of captain or equivalent or higher and to state the rank and the officer's unit in the jurat.

b. The word "permanent" in subsection 10(1) is interpreted to mean Regular Force.

c. The word "attached" in subsection 10(2) is not interpreted to mean "attachment" in the military sense. This requirement should be satisfied if the officer states the unit or other element to which the officer belongs or to which the officer may be attached posted in the military sense.

d. The officer is only empowered to take affidavits or statutory declarations of CAF members.

Northwest Territories

Statutory Authority	Form of Jurat	Remarks
Subsection 66(1) of the Evidence Act, Revised Statutes of the Northwest Territories, 1988, c. E-8, provides: "66.(1) An oath, affidavit affirmation or statutory declaration administered, sworn, affirmed or made within or outside the Territories before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the Territories before a commissioner for taking oaths within the Territories."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.N.W.T. 1988, c. E-8, ss. ;66(1)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service. b. Under section 21 of the Evidence Act, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

Statutory Authority

Form of Jurat

Remarks

Subsection 66(1) of the Evidence Act, Revised Statutes of the Northwest Territories, 1988, c. E-8, provides:

"66.(1) An oath, affidavit affirmation or statutory declaration administered, sworn, affirmed or made within or outside the Territories before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the Territories before a commissioner for taking oaths within the Territories."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.N.W.T. 1988, c. E-8, ss. ;66(1)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

b. Under section 21 of the Evidence Act, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

Nunavut

Statutory Authority	Form of Jurat	Remarks
Section 29 of the Nunavut Act, S.C. 1993, c. 28, as amended by S.C. 1998, c. ;15, section ;4, provides that the laws of the Northwest Territories on March 31, 1999 are duplicated for Nunavut to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require. Subsection 66(1) of the Evidence Act, Revised Statutes of the Northwest Territories, 1988, c. E-8, provides: "66.(1) An oath, affidavit affirmation or statutory declaration administered, sworn, affirmed or made within or outside the Territories before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within the Territories before a commissioner for taking oaths within the Territories."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. S.C. 1993, c. 28, s. 29 as amended by S.C. 1998, c. 15, s. 4 R.S.N.W.T. 1988, c. E-8, ss. ;66(1)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service. b. Under section 21 of the Evidence Act of the Northwest Territories, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

Statutory Authority

Form of Jurat

Remarks

Section 29 of the Nunavut Act, S.C. 1993, c. 28, as amended by S.C. 1998, c. ;15, section ;4, provides that the laws of the Northwest Territories on March 31, 1999 are duplicated for Nunavut to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require.

Subsection 66(1) of the Evidence Act, Revised Statutes of the Northwest Territories, 1988, c. E-8, provides:

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

S.C. 1993, c. 28, s. 29 as amended by S.C. 1998, c. 15, s. 4

R.S.N.W.T. 1988, c. E-8, ss. ;66(1)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

b. Under section 21 of the Evidence Act of the Northwest Territories, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

Yukon

Statutory Authority	Form of Jurat	Remarks
Subsection 60(1) of the Evidence Act, Revised Statutes of the Yukon 2002, c. ;78, provides: "60(1) An oath, affidavit affirmation or statutory declaration administered, sworn, affirmed, or made in or outside the Yukon before a person who holds a commission as an officer in the Canadian Armed Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed, or made within the Yukon before a commissioner for taking affidavits within the Yukon."	(Sworn)(Affirmed)(Declared) before me at the (place - in full) this (day) of (month) (year) (name and signature) (rank - in full) (unit - in full) A commissioned officer on full-time service in the Canadian Armed Forces. R.S.Y. 2002, c. 78, ss. 60(1)	a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the: Regular Force; Reserve Force when on Class "B" or Class "C" Reserve Service; or Special Force when constituted who, prior to being placed in the Special Force, were: officers of the Regular Force; officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service. b. Under section 19 of the Evidence Act, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

Statutory Authority

Form of Jurat

Remarks

Subsection 60(1) of the Evidence Act, Revised Statutes of the Yukon 2002, c. ;78, provides:

"60(1) An oath, affidavit affirmation or statutory declaration administered, sworn, affirmed, or made in or outside the Yukon before a person who holds a commission as an officer in the Canadian Armed Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed, or made within the Yukon before a commissioner for taking affidavits within the Yukon."

(Sworn)(Affirmed)(Declared) before me at the

(place - in full)

this (day) of (month) (year)

(name and signature)

(rank - in full)

(unit - in full)

A commissioned officer on full-time service in the Canadian Armed Forces.

R.S.Y. 2002, c. 78, ss. 60(1)

a. The person holding a commission as a CAF officer is required to be on full-time service. This is interpreted to mean commissioned officers of the:

Regular Force;
Reserve Force when on Class "B" or Class "C" Reserve Service; or
Special Force when constituted who, prior to being placed in the Special Force, were:
- officers of the Regular Force;
- officers of the Reserve Force placed on active service or who applied and were accepted for continuing, full-time military service; or
- not officers of the Regular Force or the Reserve Force but who were enrolled in the Special Force for continuing, full-time military service.

b. Under section 19 of the Evidence Act, an oath may be administered to any person in the manner and form and with the ceremonies that the person declares to be binding on the conscience of the person.

9. References

Some of the links below lead to a site belonging to an entity not subject to the Official Languages Act. Information on this site is available in the language of the site.

Acts, Regulations, Central Agency Policies and Policy DAOD

Canada Evidence Act, section 41
Nunavut Act, section 29
Affidavits Act of Prince Edward Island, subsection 4(2)
Commissioners for Oaths Act of Alberta, sections 8 and 11
Commissioners for Oaths Act of Saskatchewan, section 10
Commissioners for Taking Affidavits Act of New Brunswick, sections 7.1 and 12
Courts of Justice Act of Quebec, section 219
Evidence Act of British Columbia, section 64
Evidence Act of Newfoundland and Labrador, subsection 33(1)
Evidence Act of Northwest Territories, subsection 66(1)
Evidence Act of Ontario, subsection 44(1)
Evidence Act of Yukon, subsection 60(1)
Manitoba Evidence Act, subsection 62(3)
Notaries and Commissioners Act of Nova Scotia, section 12
DAOD 7000-0, Affidavits and Statutory Declarations

Other Reference

Not applicable in this DAOD.

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Date modified:: 2017-06-07

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DAOD 7000-1, Completion of Affidavits and Statutory Declarations

Table of Contents

1. Introduction

2. General Rules

Selection of Affidavit or Statutory Declaration

Selection of Jurat

Caution as to Important Documents

Limitations

Admissibility in Evidence

Penalty for Misuse

3. Procedures

Affidavits

Statutory Declarations

Abbreviations

Officer's Name

4. Ontario Affidavit Form

5. Sample Completed Ontario Affidavit Form

6. Ontario Statutory Declaration Form

7. Sample Completed Ontario Statutory Declaration Form

8. Provincial and Territorial Statutory Authorities and Jurats

General

Alberta

British Columbia

Manitoba

New Brunswick

Newfoundland and Labrador

Nova Scotia

Ontario

Prince Edward Island

Quebec

Saskatchewan

Northwest Territories

Nunavut

Yukon

9. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other Reference

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