DocumentsStatutory Declaration Sample | Free Customizable Template
Statutory Declaration Sample | Free Customizable Template
Do you need to create a Statutory Declaration? Draft one with our free, customizable Statutory Declaration template.
A Statutory Declaration is a legal document that contains a written account of facts that a person declares to be true. It enables the declarant (person making the declaration) to prove that certain information is true when other evidence is unavailable. A Statutory Declaration must be declared to be true before an authorized official, like a notary public or commissioner of oaths.
Some common reasons you may need a Statutory Declaration include:
- Proving the accuracy of documents or information
- Declaring your relationship status
- Providing evidence of financial status or asset ownership
Statutory Declaration
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.
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:
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Declaring your marital status
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Legally changing your or your child’s name
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Providing evidence of financial status or assets owned
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Completing insurance claims
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Making a declaration of residency
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Proving that someone has passed away
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Confirming your identity
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Affirming the merger or consolidation of two or more legal entities
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Declaring the types of goods being exported or imported into a country
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Verifying the accuracy of information or documents
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Applying for a pension
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Establishing that you no longer live with your former spouse
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Affirming that you have translated a document accurately and truthfully
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Updating your legal gender
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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:
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A Clear Title: Your declaration should be named, “Statutory Declaration”.
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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.
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Its Purpose: The reason for making the declaration and all relevant details concerning the matter.
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A Statement of Facts: A clear and concise written account of the details you want to outline.
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The Recipient of your Statutory Declaration: Provide the institution or entity you plan to send your Statutory Declaration to.
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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.
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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.
Frequently Asked Questions
When is a Statutory Declaration required in Canada?
A Statutory Declaration is required for various legal, regulatory, or administrative circumstances.
You may need to submit a Statutory Declaration to provincial or federal government agencies, financial institutions, employers, and other organizations to complete certain processes. This document can be required to access government benefits, receive certain rights or privileges, or prove your relationship to immigration authorities.
Can a Statutory Declaration be notarized online in Canada?
Yes, a Statutory Declaration can be notarized online in Canada.
You can legally have your statutory declaration notarized online in minutes, over a secure video call with a notary public. We offer the best of both worlds: the convenience and speed of an online service with a supportive human touch.
Can a Statutory Declaration be made by someone outside of Canada?
It depends on the purpose of the Statutory Declaration.
Sometimes, an individual must make their Statutory Declaration in Canada before an authorized official, like a notary public. In other cases, it may be possible to make the declaration before an authorized official outside of Canada. Its a good idea to consult with a legal professional to determine the specific requirements for your unique situation.
How long is a Statutory Declaration valid in Canada?
The length of time a Statutory Declaration remains valid varies based on its purpose and where it was made.
Generally, a Statutory Declaration remains valid for a reasonable period, but it’s best to check local regulations or consult a legal professional. You may need to renew your Statutory Declaration after a certain period, although some Statutory Declarations have no expiration date.
Is NotaryPro’s online drafting & notary service legally recognized?
Yes, NotaryPro’s documents are legally recognized.
NotaryPro’s documents have been accepted by border authorities all over the world, including Canada Border Services and US Customers and Border Protection.
Is NotaryPro’s online drafting & notary service secure?
Yes, NotaryPro uses the latest encryption technology.
Personally identifiable information and all documents are subject to the highest level of digital security. We also ensure that your documents are notarized in compliance with all applicable Canadian laws and regulations.
How much does it cost?
It’s free to draft your document, but we offer online notarization for a small fee.
That’s right! Creating your document comes at no cost to you, but if you would like to notarize it at the same time, we’re happy to help. Please find our detailed prices here.
Other resources for Statutory Declarations
- Your Guide to the Statutory Declaration
- Your Guide to Affidavits and Statutory Declarations
- Statutory Declaration of Progress Payment Distribution (CCDC 9A & 9B)
- Your Guide to a Statutory Declaration for a Change of Sex Designation on a Birth Registration of an Adult
- What is a Statutory Declaration of Common-Law Union?
- Your Guide to the Statutory Declaration of Identity
- Your Guide to the Statutory Declaration of Separation of Legal Spouses or Common Law Partners
- Your Guide to Statutory Declarations of Identity for Permanent Residency
- Your Guide to the Statutory Declaration in Lieu of Guarantor (Form PPTC 326)
- Online Notary for Ontario Court Forms: Family Law Rules
- How to complete the Statutory Declaration for your CRPO Application