NotaryPro’s online document creator is designed to make the process of drafting and notarizing your custom Statutory Declaration as easy and convenient as possible. Instead of making an in-person appointment with a notary public and spending hours drafting a document on your own, you can complete the process online from the comfort of your own home.

What is a Statutory Declaration in Canada?

In Canada, a Statutory Declaration is a legal document that contains a written statement of facts, circumstances, or events. The declarant (person making the declaration) officially declares that the information they provide in their statement is truthful and accurate. 

This document must be notarized by an official authorized to administer oaths and affirmations by law. During notarization, the declarant swears or affirms that the contents of their Declaration are true before the official. Therefore, a Statutory Declaration has the same impact as a sworn or affirmed statement made under oath. 

Does a Statutory Declaration Need to be Notarized? 

Yes, a Statutory Declaration must be notarized by an authorized official, like a notary public. Once you declare that the contents of your Statutory Declaration are true before an authorized official, they’ll witness your signature and sign it. They’ll also print their name and add an official seal to the document. 

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

To learn what you can expect during your notary appointment, see our Statutory Declaration guide. You can notarize your Statutory Declaration online, in 7 minutes with NotaryPro. 

The Purpose of a Statutory Declaration in Canada

This instrument is used for various purposes, often to satisfy legal, administrative, or governmental requirements. It is relied upon by individuals, organizations, government authorities, and more. 

You might submit a Statutory Declaration to provincial or federal government agencies, financial institutions, and employers. A Statutory Declaration is sometimes required to receive certain rights or privileges, access government benefits, or prove your relationship to immigration authorities. Some other circumstances that may require a Statutory Declaration include:

• Declaring your marital status 

• Legally changing your or your child’s name  

• Providing evidence of financial status or assets owned

• Completing insurance claims 

• Making a declaration of residency

• Proving that someone has passed away

• Confirming your identity 

• Affirming the merger or consolidation of two or more legal entities 

• Declaring the types of goods being exported or imported into a country 

• Verifying the accuracy of information or documents

• Applying for a pension 

• Establishing that you no longer live with your former spouse

• Affirming that you have translated a document accurately and truthfully 

• Updating your legal gender  

• Helping a family member come to Canada as a refugee

How to Create a Statutory Declaration in Canada

Creating a Statutory Declaration is relatively simple. Importantly, it’s critical to ensure 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.

The details required vary depending on the reason for your declaration, and the legal or administrative context in which it’s being used. Ensure you include all the required details in your Statutory Declaration to safeguard its validity and avoid disputes. In Canada, a Statutory Declaration should include the following details:

• A Clear Title: Your declaration should be named, “Statutory Declaration”. 

• The Declarant’s Details: It should include their legal name, current province, city, and address. It should also include the affiant’s date of birth, place of birth, and citizenship status.

• Its Purpose: The reason for making the declaration and all relevant details concerning the matter. 

• A Statement of Facts: A clear and concise written account of the details you want to outline. 

• The Recipient of your Statutory Declaration: Provide the institution or entity you plan to send your Statutory Declaration to. 

• Declarant’s Signature: You must make a solemn statement to affirm that the contents of your declaration are true. You need to do this before an authorized official, like a notary public, and then sign your declaration in front of them. 

• Notarization: Once you affirm that the contents of your declaration are true, a notary public will verify your identity. They will also sign the declaration, print their name, and add an official seal. You can notarize your declaration online, in 7 minutes with NotaryPro.

Once your declaration is completed and signed, keep it for your records. If you’re unsure whether you’ve included the correct details, it’s best to speak with a professional.  At NotaryPro, we offer Expert Document Drafting, where a trusted expert drafts a document for you during an online video session. Simply start your Statutory Declaration draft, and select the Expert Document Drafting option for extra peace of mind.

Affidavit vs. Statutory Declaration

Statutory Declarations and Affidavits have several similarities. Both are written statements of fact that present information with numbered sentences and paragraphs. Both documents must be affirmed to be true before an authorized official, who must witness, sign, and stamp them for them to be considered valid. Affidavits and Statutory Declarations are subject to the rules of evidence in Canadian provincial and federal courts. Therefore, providing a false or misleading Statutory Declaration or Affidavit can be considered a criminal offence. 

However, there are also key differences between a Statutory Declaration and an Affidavit. A Statutory Declaration is typically used outside of court, while an Affidavit is mainly used for legal proceedings. Another difference is that a person making a Statutory Declaration is called a declarant; they declare facts to be true. A person who outlines facts in an Affidavit is called an affiant, and they swear or affirm facts to be true. Additionally, Statutory Declarations are solemn statements, while Affidavits are solemn affirmations or oaths.  

When Do I Need a Statutory Declaration in Canada?

In Canada, you need a Statutory Declaration to confirm that the facts you are declaring are accurate, usually to satisfy legal or regulatory requirements. You might need to submit one to provincial or federal government agencies, financial institutions, employers, and other organizations to complete certain processes. These processes can enable you to access government benefits, receive certain rights or privileges, or prove your relationship to immigration authorities. Statutory Declarations are authorized by the Canada Evidence Act, and a notary public can receive a declaration from anyone voluntarily making one.