Your Guide to the Statutory Declaration in Canada

What is a Statutory Declaration?

A Statutory Declaration is a legal document that contains a written account of facts that an individual declares to be true. It enables the declarant (person making the declaration) to prove that certain information is true when no other evidence is available.

A Statutory Declaration must be notarized by an official authorized to administer oaths and affirmations by law. During notarization, the declarant makes a solemn statement to confirm that their written statement is accurate and truthful. They must do so before an authorized official, like a notary public, who signs and stamps their declaration to make it official.

Does a Statutory Declaration Need to be Notarized?

A Statutory Declaration must be notarized by an authorized official, like a notary public, lawyer, judge, commissioner, or justice of the peace. According to the Canada Evidence Act, an authorized official can receive a Statutory Declaration from anyone voluntarily making one before them.

First, you must make a solemn declaration in their presence to declare that the information you’ve provide is truthful and accurate. Then, the authorized official will verify your identity and witness your signature. With NotaryPro, you can meet with a notary public to get your Statutory Declaration notarized online in 7 minutes.

Telling the truth is critical, as knowingly providing false information in a Statutory Declaration is considered perjury, an indictable offence.

Here’s what you can expect during your notary appointment:

• An authorized official will confirm your identity and that you’ve made your statements without coercion.
• The official will make sure that you understand what you’re signing.
• You’ll swear or affirm that the information in your Statutory Declaration is true and complete.
• You will sign the Statutory Declaration and the official will witness your signature.
• The official will also sign your Statutory Declaration and stamp it with a notary seal.

What is the Purpose of a Statutory Declaration?

The purpose of a Statutory Declaration is to document a formal and legally binding statement of truth. A Statutory Declaration has the same effect as a sworn or affirmed statement made under oath. This instrument is used in various contexts, often to satisfy legal, administrative, or governmental requirements. It is relied upon by individuals, organizations, government authorities, and more. 

When Do I Need a Statutory Declaration?

You’ll need a Statutory Declaration to confirm that the facts you are declaring are accurate, often to satisfy legal or regulatory requirements. You might submit a Statutory Declaration to provincial or federal government agencies, financial institutions, employers, and other organizations to complete certain processes. 

For instance, a Statutory Declaration Of Common Law Union is used to prove the existence of a common-law relationship. You may need to submit one to access government benefits, receive certain rights or privileges, or prove your relationship to immigration authorities.

You might need to draft a Statutory Declaration for a variety of other circumstances, including:

• Proving that someone has passed away so a financial institution can transfer money from their estate
• Declaring marital status
• Providing evidence of financial status or assets
• Completing certain insurance claims
• Making a declaration of residency
• Confirming an individual’s identity
• Declaring the merger or consolidation of two or more legal entities
• Affirming the types of goods being exported or imported into a country
• Updating an individual’s legal gender
• Verifying the accuracy of documents or information
• Applying for a pension
• Establishing that an individual and their former spouse have stopped living together
• Legally changing a person’s name
• Affirming that someone has translated a document accurately and truthfully
• Assisting a family member in coming to Canada as a refugee

How to Create a Statutory Declaration

Creating a Statutory Declaration is a relatively simple process. First, it’s critical to ensure that all the information you include is accurate and truthful. Making a false declaration is an offence in Canada; a Statutory Declaration holds the same legal weight as a statement made under oath and has value as evidence.

In Canada, a Statutory Declaration should contain the following details:

• An Official Title: Your declaration should be titled, “Statutory Declaration”.
• The Declarant’s Details: These include their legal name, address, and occupation.
• Its Purpose: The reason for the declaration and all relevant details regarding the matter.
• A Statement of Facts: A clear and concise written account of the facts the declarant wants to outline.
• A Solemn Declaration: The declarant must declare or affirm that the contents of the declaration are true before an authorized official. 
• Declarant’s Signing Information: The declarant must sign the declaration in the presence of an authorized official. They also need to provide the date they signed and the location where they signed it.
• Notarization: Once you affirm the contents of your Statutory Declaration before an authorized official they’ll witness your signature and then sign it. They’ll also print their name and add an official seal to the document. You can notarize your declaration online in 7 minutes.

Once your declaration is completed and signed, retain it for your records in case you need it for future use. The information required in a Statutory Declaration varies depending on the legal and administrative context in which it’s being used. If you’re unsure whether you’ve included the correct details, it’s best to speak with a professional. 

At NotaryPro, we offer Live Document Drafting, where a trusted expert drafts a document for you during a live video session. Choose one of our Statutory Declaration templates here, and select the Expert Document Drafting option for added peace of mind.

Comparing a Statutory Declaration with an Affidavit

Statutory Declarations and Affidavits are both written statements of fact that can present information with numbered sentences and paragraphs. To be valid, they must be affirmed to be true before an authorized official. The official must witness, sign, and stamp both documents for them to be valid. 

Further, Affidavits and Statutory Declarations are used as evidence and subject to the rules of evidence in Canadian provincial and federal courts. Therefore, making a false Affidavit or Statutory Declaration can be considered a criminal offence.

However, these two documents have some key differences. A Statutory Declaration is typically used outside of court settings, while an Affidavit is mainly used for legal proceedings. Another difference is that a person making a Statutory Declaration is called a declarant, and they declare facts to be true. A person who outlines facts in an Affidavit is called an affiant, and they swear or affirm the information they provide is true. Additionally, Statutory Declarations are solemn statements, while Affidavits are solemn affirmations or oaths. 

Popular Statutory Declaration Templates

There are many types of Statutory Declarations in Canada; below is a list of some of the most common ones used:

• General Statutory Declaration 
• Statutory Declaration of Translation 
• Statutory Declaration for the Reinstatement of LSO License Status 
• Statutory Declaration on Amalgamation 
• Statutory Declaration Of Common Law Union 
• Statutory Declaration in Lieu of Guarantor for Non-Canadians 
• Statutory Declaration for the College of Registered Psychotherapists and Mental Health Therapists of Ontario (CRPO) Application 
• Statutory Declaration – Separation of Legal Spouses or Common-law Partner 
• CCDC9A & 9B: Statutory Declaration of Progress Payment Distribution by Contractor or Subcontractor 
• PPTC 132: Statutory Declaration in Lieu of Guarantor (Passport Application)

Draft Your Statutory Declaration Today

A Statutory Declaration is usually a relatively simple document, but it must comply with legal requirements and formalities. The details required in a Statutory Declaration vary based on the legal and administrative context in which it’s being used. Ensure you include all the required elements in your Statutory Declaration to safeguard its validity and avoid disputes. 

At NotaryPro, we offer a seamless online notarization experience that takes 7 minutes to complete, from the comfort of your home. Simply choose a Statutory Declaration template, fill in a few fields, and meet with a notary public for a virtual notarization. If you’d like help drafting your document, select our Live Document Drafting service once you choose a template. 

Our experts are passionate about making notary services affordable, accessible, and convenient. We’re always here to lend a helping hand, so if you have any questions, feel free to reach out to us today!