Important note: At NSRLP we are working as hard as possible to update this page continuously. However, since the situation changes constantly, we recommend you also check the website for the court that is handling your case (see below).
Last updated March 16, 2021
Dear SRL community,
One of the challenges of the COVID-19 distancing and isolation requirements is that “normal” procedures for swearing affidavits have to change.
Recall that when you file documents for your case, you may be including an affidavit (see our SRL Primer here). If so, it needs to “commissioned” or sworn by you before a practicing lawyer, a notary public, or a commissioner for oaths.
If you are representing yourself, you still need to have your affidavit sworn for the court to accept it.
We are compiling information on alternative arrangements (big thanks to our RA Arathi Ajit for her work on this). Some courts are simply saying, don’t worry about swearing your affidavit at the moment, it can be done “later”. Others have not yet announced their policy (eg Supreme Court of Canada). As well, some law societies have made statements about “virtual” swearing procedures.
We will continue to update this information, and keep you informed as it changes.
The NSRLP Team
…
Following federal courts, information below is broken down by province (in alphabetical order)
FEDERAL COURTS
Supreme Court of Canada
Parties who have any questions related to the filing of affidavits can send an email to the Court’s Registrar at registry-greffe@scc-csc.ca.
The Court’s Registry can also be contacted through the toll-free number 1-844-365-9662 from 12 pm to 4:30 pm (Eastern time) on its working days. Please note that voice mail messages to the Court’s Registry may not be addressed until it resumes its normal operations.
For more information please see:
https://www.scc-csc.ca/home-accueil/index-eng.aspx
https://www.scc-csc.ca/parties/COVID-FAQ-eng.aspx
Federal Court of Appeal
Parties may file affidavits that are sworn or affirmed remotely at the Federal Court of Appeal during its suspension period. Affidavits that are filed at the Federal Court must be sworn or affirmed using methods deemed acceptable in any Superior Court of any province.
For more information please see:
To contact the Federal Court of Appeal or its Registry offices by phone or email please see:
https://www.fca-caf.gc.ca/fca-caf_eng/contact_eng.html
Federal Court
Subject to the discretion of the Court, affidavits sworn or affirmed remotely using modes deemed acceptable in any Superior Court of any province will be accepted for filing during the Suspension Period. For greater certainty, all affidavits must be sworn. During the Suspension Period, a scanned version of an affidavit may be accepted for filing, provided that the original version is filed with the Court within two weeks (14 days) of the resumption of its regular operations.
To contact the Federal Court or its Registry offices by phone or email please see:
https://www.fct-cf.gc.ca/en/pages/representing-yourself/contact-us
ALBERTA
Court of Appeal of Alberta
The Court of Appeal of Alberta has adopted the practice of accommodating the remote commissioning of affidavits when it is not possible or medically unsafe for a deponent to be physically present before a commissioner. However, please note that the Court’s Registry clerks are limited to commissioning affidavits in-person for parties.
For more information please see:
To contact the Court of Appeal of Alberta by phone or email please see:
https://albertacourts.ca/ca/about/contact
Court of Queen’s Bench of Alberta
The Court of Queen’s Bench of Alberta has made accommodations regarding the virtual commissioning of affidavits when it is not possible or medically unsafe for a deponent to physically attend before a commissioner. Its accommodations regarding commissioning of affidavits apply to deponents who are unable to leave their residences, are not permitted to receive visitors, or are required to self-isolate or self-quarantine.
For more information please see:
https://www.albertacourts.ca/qb/resources/announcements/npp-remote-commissioning-of-affidavits
To contact the Court of Queen’s Bench of Alberta by phone or email please see:
https://albertacourts.ca/qb/contact
Provincial Court of Alberta
The Court is assessing the feasibility of providing parties with an option to swear their affidavits remotely.
For more information please see:
To contact the Provincial Court of Alberta by phone or email please see:
https://albertacourts.ca/pc/court-practice-and-schedules/Contact
Law Society of Alberta
For more information please see:
https://www.lawsociety.ab.ca/engaging-with-stakeholders-to-provide-covid-19-updates/
BRITISH COLUMBIA
British Columbia Court of Appeal
The BC Court of Appeal has provided accommodations for deponents to virtually commission an affidavit when it is not possible, or medically unsafe, for the affidavit to be sworn by deponents in the physical presence of a commissioner for oaths. This accommodation is offered to deponents who are not able to leave their residences, those who are not permitted to receive visitors, or those who are required to self-isolate or self-quarantine.
For more information on the Court’s directives for virtually commissioning affidavits please see:
To contact the British Columbia Court of Appeal by phone or email please see:
https://www.bccourts.ca/court_of_appeal/court_locations_and_contacts.aspx
Supreme Court of British Columbia
The BC Supreme Court provides accommodations for the virtual commissioning of affidavits to deponents under the same circumstances as the Court of Appeal (see above).
For more information on the Court’s directives for virtually commissioning affidavits please see:
To contact the Supreme Court of British Columbia’s Registries by phone or email please see:
https://www.bccourts.ca/supreme_court/court_locations_and_contacts.aspx
Provincial Court of British Columbia
The BC Provincial Court provides accommodations for the virtual commissioning of affidavits to deponents under the same circumstances as the Court of Appeal and Supreme Court (see above).
For more information on the Court’s directives for virtually commissioning affidavits please see:
Affidavits that are filed by parties in support of urgent family hearing requests need not be sworn or affirmed during the period of reduced court operations if they are sworn or affirmed later, that is, during a hearing about the urgency of their application, or a hearing on their application if one is granted.
For more information, please see:
To contact BC Provincial Courts by phone or email please see:
https://www.provincialcourt.bc.ca/Locations-Contacts-Landing
Law Society of British Columbia
For more information please see:
MANITOBA
Manitoba Provincial Court, Court of Queen’s Bench, and Court of Appeal,
On October 2nd, 2020, the Order re Temporary Suspension of In-Person Commissioning and Witnessing Provisions, renewal came into force in Manitoba. As a result, an affidavit and declaration can be filed without formal requirements until March 30, 2021.
For more information please see:
https://web2.gov.mb.ca/laws/orders/e80_258_2020(in-person%20commissioning%20and%20witnessing).pdf
The Manitoba courts will allow parties to file an affidavit and declaration without formal requisites such as the requirement for an affidavit to be sworn or affirmed in the presence of a person administering the oath so long as they are filed with a lawyer’s undertaking to file an original of the affidavit that complies with the formal requisites before a future hearing date. If you have not retained a lawyer, this is any lawyer who notarizes documents. This undertaking is important for you to be able to rely on the affidavit in the future.
For more information please see:
http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_flexibility_on_unsworn_documents.pdf
To contact the Manitoba Court of Appeal by phone or email please see:
http://www.manitobacourts.mb.ca/court-of-appeal/location-and-hours/
Law Society of Manitoba
For more information on filing an unsworn affidavit, and to view a sample undertaking please see:
Taking an oath or affirmation:
https://lawsociety.mb.ca/wp-content/uploads/2020/05/Taking-an-Oath-or-Afirmation.pdf
NEW BRUNSWICK
Court of Appeal of New Brunswick
Accommodations are made for the commissioning of affidavits in circumstances where it is not possible or medically safe for both parties to physically meet. Subject to the discretion of the Court or a judge, an affidavit may be sworn or affirmed by video technology.
The link below includes the detailed requirements and further information:
https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/2020-10-13-NBCA-UpdatedDirective.pdf
Law Society of New Brunswick
Lawyers may choose to commission affidavits via video conference according to the Law Society of New Brunswick. The best practice for a lawyer’s commissioning of documents, including affidavits, is for a client to provide the original document to the lawyer for execution.
If it is not possible for a lawyer to obtain an original document for the purpose of commissioning it in light of COVID-19, then the lawyer should execute a printed electronic copy of the document and execute the original when possible in the future.
For more information please see:
http://lawsociety-barreau.nb.ca/uploads/COVID-19_Witnessing_Documents.pdf
NEWFOUNDLAND AND LABRADOR
On May 6, 2020, the Temporary Alternate Witnessing of Documents Act came into force in Newfoundland. As a result, affidavits can be administered using audio-visual technology until “the date the public emergency ends”.
For more information please see:
https://www.assembly.nl.ca/Legislation/sr/statutes/t04-001.htm#6_
Court of Appeal of Newfoundland and Labrador
Parties may submit an affidavit electronically without a signature from the commissioner for oaths if they do not have access to a person who is a commissioner, but are required to file their original affidavit, signed by a commissioner, as soon as practicable (ie post-pandemic) with the Court.
For more information, please see:
To contact the Court of Appeal of Newfoundland and Labrador by phone or email please see:
https://www.court.nl.ca/appeal/
Supreme Court of Newfoundland and Labrador
Parties who are filing affidavits that require their signature to be witnessed by a commissioner for oaths must make arrangements for the witnessing of their affidavits before filing them at the Court. Please note that the Court’s Registry Counter will not witness signatures for affidavits at this time.
For more information please see:
To contact the Supreme Court of Newfoundland and Labrador by phone or email please see:
https://court.nl.ca/supreme/contact.html
Law Society of Newfoundland and Labrador
The Law Society of Newfoundland and Labrador have been advised by both the Supreme Court of Newfoundland and Labrador and the Court of Appeal of Newfoundland and Labrador that the Courts will accept unsworn or unaffirmed affidavits or documents until further notice.
For more information please see:
https://lsnl.ca/commissioning-documents/
NORTHWEST TERRITORIES
Directives for COVID-19 do not directly address the swearing of affidavits in the Northwest Territories, but to request further information, you should call or email your nearest court registry.
For more information on court registries please see:
https://www.justice.gov.nt.ca/en/divisions/court-services-division/court-registries/
NOVA SCOTIA
Supreme Court of Nova Scotia
The Supreme Court of Nova Scotia will now accept unsworn affidavits in light of COVID-19 unless a judge directs otherwise. Parties who provide the Court with an unsworn affidavit are required to provide a sworn copy of the affidavit at their future hearing or affirm their affidavit evidence at that hearing.
Any affidavit to be sworn using video technology must contain a paragraph describing that the deponent was not physically present, but was linked with the commissioner using video technology. The required process for video commissioning can be found here:
https://www.courts.ns.ca/News_of_Courts/documents/NSSC_Virtual_Affidavits_NR_04_02_20.pdf
For more information please see:
https://www.courts.ns.ca/News_of_Courts/documents/NSSC_E-Filing_NR_03_26_20.pdf
To contact the Supreme Court of Nova Scotia by phone or email please see:
https://www.courts.ns.ca/Courthouse_Locations/Courthouse_Locations_Map.htm
Nova Scotia Court of Appeal
After the provincial state of emergency is over, all parties must file original copies of any sworn affidavits. When you do this, people are asked to include a covering note stating that the materials are being filed as hard-copy duplicates of the documents that were previously filed electronically. Hard copies must be identical in content to the documents filed electronically:
Nova Scotia Barristers’ Society
Lawyers may choose to virtually commission affidavits via video conference according to the Nova Scotia Barristers’ Society. If it is not possible for a lawyer to obtain an original document from a client immediately for the purpose of commissioning it in light of COVID-19, then the lawyer should execute a printed electronic copy of the document and execute its original later when possible.
When virtually commissioning an affidavit, a lawyer should indicate whether it was sworn to in person or affirmed by videoconferencing.
For more information, please see the section “Practice Management: Working Remotely” at:
https://nsbs.org/covid-19-questions/covid-19-legalfaqs/
ONTARIO
Court of Appeal for Ontario
Where it is not possible to have an affidavit commissioned, the affidavit must be completed, signed and e-filed. The affidavit must be accompanied by an acknowledgment from the recipient of the document OR an explanation as to why the acknowledgment could not be obtained. See:
To contact the Ontario Court of Appeal by phone or email please see:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
Superior Court of Justice
Where it is not possible for an oath to be administered for an affidavit in the physical presence of a deponent it may be commissioned via video conference. Please note that affidavits that are commissioned remotely by video, rather than in the physical presence of a deponent, must state that they were commissioned via video conference.
A deponent may deliver an affidavit that is unsworn to the Court when it is not possible for the affidavit to be commissioned by video conference or in the physical presence of a commissioner for oaths, if the deponent later participates in a telephone or videoconference hearing to swear or affirm the affidavit.
For more information please see:
https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/
Self-represented parties who seek assistance may contact:
Civil matters: Pro Bono Ontario’s Free Legal Advice Hotline: 1-855-255-7256
Family matters: The Law Society of Ontario emergency family law referral line can be accessed at the following phone numbers:
General: 416-947-3310
Toll-free: 1-800-268-7568
Notices that are no longer in effect can be found at:
https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/notices-no-longer-in-effect/
To contact Superior Courts by phone or email please see:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
Divisional Court
If a self-represented litigant (SRL) is unable to meet the requirements for filing materials with the Court under the “Notice to Profession – Divisional Court – For Court Hearings During COVID-19 Pandemic”, then the SRL may explain the difficulty and request variation in requirements during a case management conference with one of the Divisional Court Administrative Judges or designate to file documents through some alternative means.
For more information on the Court’s notice please see:
To contact Divisional Courts by phone or email please see:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
Ontario Small Claims Court
Parties who receive authorization from a Small Claims Court judge to email their affidavits for an urgent hearing may email unsworn affidavits to the Court, if it is not possible to have them sworn. They will be required to provide a sworn affidavit prior to their hearing or to swear or affirm the contents of their affidavit at their hearing.
For more information, please see:
https://www.ontariocourts.ca/scj/suspension-small-claims-ops/
To contact Small Claims Courts by phone or email please see:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
Ontario Court of Justice
Parties may temporarily submit documents related to an urgent family matter by email to their appropriate courthouse. They should retain a copy of any relevant affidavit(s) of service and/or related documents and be prepared to produce it at the Court’s request. Where it is not possible to email a sworn affidavit, an affiant may deliver an unsworn affidavit to their appropriate courthouse while being available to participate in any telephone or videoconference hearing to swear or affirm the affidavit’s contents.
For the list of email addresses for each court, please see:
https://www.ontariocourts.ca/ocj/covid-19/courthouse-email-addresses/.
For more information, please see:
https://www.ontariocourts.ca/ocj/covid-19/emailing-urgent-documents/
To contact the Ontario Court of Justice by phone or email please see:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/
Law Society of Ontario
As a result of COVID-19, the Law Society of Ontario will permit alternative means of commissioning such as commissioning via video conference, i.e., virtual commissioning, until further notice.
Virtual commissioning is conducted using audio-visual technology rather than in the physical presence of a commissioner. For example, a lawyer can engage in virtual commissioning by directing a client via Skype or FaceTime to sign relevant legal documents through video before returning the original executed document for the lawyer’s signing of the document upon receipt as a witness to the client’s signature. Alternatively, a lawyer and client can log onto the same electronic platform to view and electronically sign the same document simultaneously.
For more information please see:
Self-represented parties who seek assistance may contact:
Civil matters: Pro Bono Ontario’s Free Legal Advice Hotline: 1-855-255-7256
Family matters: The Law Society of Ontario emergency family law referral line can be accessed at the following phone numbers:
General: 416-947-3310
Toll-free: 1-800-268-7568
PRINCE EDWARD ISLAND
Supreme Court of Prince Edward Island
The Court will accept insufficiently sworn affidavits provided that the individual filing the affidavit undertakes to file, prior to the hearing date, an original affidavit that complies with the formal requirements.
For more information, please see:
To contact the Supreme Court of Prince Edward Island please see:
https://www.courts.pe.ca/contact-us
Provincial Court of Prince Edward Island
Protocols for PEI’s Provincial Courts could vary from court to court and day to day depending on the circumstances.
For more information please see:
https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-03/Covid-19%20March%2016%202020_0.pdf
Please call the following number for any questions on affidavit protocols of PEI’s Provincial Courts:
Provincial Court – Charlottetown: 902-368-6693
Provincial Court – Summer Side: 902-888-8190
Provincial Court – Georgetown: 902-652-8990
QUEBEC
Le Barreau du Québec
A written declaration by a party can be sworn under oath remotely using technological means, providing certain requirements are met.
For more information please see:
En français:
In English:
To contact the Court of Appeal of Québec by phone or email please see:
https://courdappelduquebec.ca/en/contact-us/
To contact the Court of Québec by phone or email please see:
http://www.tribunaux.qc.ca/mjq_en/c-quebec/ContactUs/fs_an_contactUs.html
SASKATCHEWAN
On August 7th, 2020 The Electronic Information and Documents (Remote Witnessing) Amendment Regulations, 2020 came into force in Saskatchewan. Under these regulations, affidavits can be administered through ‘electronic means’.
For more information about these regulations and their impact please see:
Court of Queen’s Bench for Saskatchewan
The Court has stated that if it is not possible for a party to provide an emailed sworn affidavit for an urgent matter, then the party may file an unsworn document so long as the party is available by telephone or electronic communication to swear or affirm the document involved.
The Court’s Directive on “Emergency Practice Directive 1 – Remote Execution of Certain Documents by Electronic Means” for the execution of affidavits via electronic communication only provides that unsworn affidavits may be filed with the court. It does not provide that an application would proceed on evidence from unsworn affidavits.
For more information on the Court’s Directive, please see:
https://www.lawsociety.sk.ca/regulation/act-code-and-rules/practice-directives/practice-directive-1/
For further information, please see:
https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/covid-19-update
To contact the Court of Queen’s Bench for Saskatchewan by phone or email please see:
https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/court-locations-and-sitting-times
Provincial Court of Saskatchewan
If a party is required to file an affidavit for a matter but it is not possible for the affidavit to be sworn, then the party may file an unsworn affidavit and swear to or affirm its contents when the matter is heard.
For more information, please see:
https://sasklawcourts.ca/index.php/home/provincial-court/covid-19-update
To contact the Provincial Court of Saskatchewan by phone or email please see:
https://sasklawcourts.ca/index.php/home/provincial-court/court-locations-and-sitting-times
YUKON
Supreme Court of the Yukon
If a sworn or affirmed affidavit cannot be obtained, the Court will accept an unsworn copy via email. The email should contain a brief explanation of the reason why the affidavit could not be sworn and the phone number of the affiant. A properly sworn affidavit must be filed once the courts are fully operational.
To contact the Supreme Court of Yukon by phone or email please see:
http://www.yukoncourts.ca/courts/supreme/contact.html
As long as the state of emergency still exists in Yukon, affidavits may be sworn or affirmed remotely. All parties must be in Yukon when the Affidavit is sworn and a special statement must be included with an affidavit affirmed or sworn in this way. For details see the links below from the court and from the government:
Thank you for sharing this! Strange times we are operating in, that’s for sure. All the additional reference material you have provided will be of great assistance to us. We really appreciate the effort of collecting it all!