Affidavits and Statutory Declarations in Saskatchewan

An affidavit is a written statement sworn or affirmed before a person authorized to administer the oath or affirmation. A statutory declaration is a formal declaration made under the authority shown on its form. The receiving court, agency, institution, or foreign authority determines which document and signing formalities it requires.

This article is general information, not legal advice. Do not use it to draft evidence or choose a form for a proceeding.

Affidavit or Statutory Declaration?

An affidavit is evidence given in writing by a person who swears or affirms that its contents are true. Saskatchewan Courts refers to that person as the deponent. Affidavits are used in court proceedings, but the required form and content depend on the court, proceeding, and purpose.

A statutory declaration is a written declaration made using wording authorized for that document. It may be requested by a government office, employer, school, insurer, financial institution, or another recipient, but the recipient must identify the form and the official it will accept.

An oath and an affirmation are two ways to make the same solemn commitment to truth. The person signing can ask to affirm rather than swear. That choice does not turn an affidavit into a statutory declaration or change the form the recipient requires.

Before the Appointment

Ask the receiving organization to confirm:

• the exact form and whether an original is required;
• whether the document must be sworn, affirmed, declared, witnessed, or notarized;
• whether a Saskatchewan commissioner for oaths is sufficient or a notary is required;
• whether the document will be used inside or outside Saskatchewan; and
• any identification, exhibit, translation, seal, or apostille requirement.

Do not sign in advance when the signature must be witnessed. Bring the complete document and every referenced exhibit. The commissioner or notary must be able to identify the person and complete the required jurat or declaration block.

Also check that names are consistent across the document and identification, all pages and exhibits are present, and the signing block has room for the commissioner or notary's information. If the document is incomplete, contains blank sections that should be completed, or calls for a different kind of witness, the appointment may need to pause until the recipient clarifies its requirements.

Court Affidavits Have Form-Specific Rules

Saskatchewan Courts publishes an affidavit guide for Court of King's Bench matters. It explains general requirements such as numbered paragraphs and the role of the person before whom the affidavit is sworn or affirmed, but cautions that its guides are not law or legal advice. Other courts and proceedings can use different forms.

An affidavit of service is also form-specific. It should record what actually occurred and match the court and proceeding. Not every proof-of-delivery document is automatically an affidavit, and not every affidavit is ready to file merely because it has been signed.

The Saskatchewan Courts affidavit guide explains that an affidavit can include documentary exhibits and that the person swearing or affirming it is responsible for its contents. A commissioner can administer the oath or affirmation; the commissioner does not select the evidence, rewrite disputed wording, or decide whether an exhibit is relevant.

What Happens at the Appointment

The appointment scope is confirmed from the document and recipient instructions. The signer then appears before the commissioner or notary, confirms their identity, chooses an oath or affirmation where applicable, and signs in the required place. The commissioner or notary completes the applicable jurat or declaration block and adds the appointment information required for that act.

If more than one person must sign, do not assume they can sign separately or before different officials. If a translation, witness, original document, multiple notarial copies, or an apostille will be needed, confirm the sequence before the appointment.

What the Commissioner or Notary Does Not Do

Administering an oath, affirmation, or declaration does not verify that the legal content is correct. A commissioner or notary does not become the document's author, provide legal advice, or guarantee acceptance by a court or receiving institution.

South Sask Process Services offers mobile appointments by arrangement in the Moose Jaw area. Send the document type, intended destination, instructions, location, and requested time so the correct appointment scope can be confirmed.

Review the Notary Public service scope, the Commissioner for Oaths service scope, or request an appointment after the receiving organization has confirmed what it requires.