Affidavits

AFFIDAVITS

Signing of Affidavits - Clerk's and Treasurer's Offices

What is an affidavit?

An affidavit is a declaration or statement of facts, confirmed by the oath of the party making the affidavit. It is taken before a person having authority to administer such an oath. Affidavits are used for a number of different purposes. Generally they are used for the purpose of establishing legal rights.

The Commissioners for Taking Affidavits Act (Provincial Act) empowers Heads of Council, Municipal Clerks, Deputy Clerks and Treasurers to take various types of declarations, to certify documents, and to administer oaths. A Commissioner's stamp is affixed to the document once the oath has been taken and signatures have been witnessed.

Who make take the oath?

In Ontario, an Oath must be taken before a Commissioner for Taking Affidavits. In accordance with the Commissioners for Taking Affidavits Act, the Municipal Clerk, Deputy Clerk or Treasurer are designated as Commissioners within the Township of Perth South.

When is this service available?

The service is available during regular business hours 8:30 a.m. to 4:30 p.m. Monday to Friday but those who need the service of a Commissioner are requested to call in advance to ensure the availability of the Clerk, Deputy Clerk or Treasurer.

Please call the Municipal Office at 519-271-0619 to make arrangements.

What do I need to bring?

The person swearing or affirming to a document must appear before the Commissioner of Oath. Proper identification (Photo ID) such as a valid driver's license, current passport or any other government issued photo identification must be presented as well as the completed affidavit with the exception of the signature. The signing of the affidavit must be completed in the presence of the Commissioner.

What if I don't have identification?

In the event that you do not have any identification, the Commissioner will not sign the affidavit. For further direction on how to proceed you need to contact the agency or office that is requesting the completion of the affidavit or seek legal counsel on the preparation and completion of the affidavit.

What is the fee?

Currently, there is no fee charged for this service.  

What types of affidavits can be signed?

Affidavits that relate to work that is NOT done in connection with the business of the municipality may be signed by the Municipal Clerk, Deputy Clerk or Treasurer. These affidavits include but are not limited to:

Vehicle transfer forms
Pension forms (some pension plans permit only the Mayor to sign)
Any government related forms
Change of ownership forms
Financial institution forms

Clarification on the types of affidavits that will be signed can be directed to the Clerk's Office at 519-271-0619, Monday to Friday, 8:30 a.m. to 4:30 p.m.

What service is not provided?

The Municipality does not prepare or edit affidavits nor provide legal advice. Any questions or needed assistance in completing the affidavit document should be directed to the agency or party that has requested the form. The Commissioner for taking affidavits cannot counsel or assist a person with completing the affidavit document.

The Municipality does not provide or supply blank affidavit forms nor will such affidavit forms be sworn by staff. All affidavit forms being presented for signing must be completed prior to presentation for commissioning excluding the signature of the applicant.

Where do I go if I require a Notary Public?

The Municipality cannot notarize documents. A list of Notary Publics and lawyers who notarize documents can be found in the local phone directory.

 

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