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 having to make an appointment with a notary public and spend hours drafting a document on your own, you can complete the entire process online from the comfort of your own home.

What is a statutory declaration in Canada?

A statutory declaration in Canada is a legal document where someone declares information to be true, made under oath or affirmation before a notary public or commissioner of oaths. It is commonly used in various legal and administrative situations, such as (but not limited to): 

• When financial institutions are looking to transfer money from the estate of someone who has passed to those legally entitled to deal with their estate
• When someone needs to affirm the type of goods for export or import 
• If a company director is declaring the solvency of their company when going into members’ voluntary liquidation 
• If a defendant who was not aware of criminal proceedings against them until after the trial began, needs to provide an explanation for their absence 
• In case a parent needs to register a child’s birth in circumstances where both parents cannot go in person to the register office 
• By someone applying to update their legal gender 
• If you’re applying for a pension
• For declaring marital status 
• When swearing or affirming facts 
• For legal name changes 
• For construction payments for new homes 
• When filing an insurance claim  

What details or information should a general Statutory Declaration contain?

A statutory declaration in Canada should include the following details:

• The title “Statutory Declaration”
• The declarant’s (the person who is making the solemn declaration) full legal name, address, and occupation
• A statement that the declaration is made under oath or affirmation
• The purpose of the declaration and the relevant details of the matter being declared
• A statement that the declarant believes the information provided to be true and accurate
• The declarant’s signature, the date the declaration was signed, and the location where it was signed
• The signature and printed name of the notary public or commissioner of oaths

The specific details required in a statutory declaration can vary depending on the purpose of the declaration and the legal or administrative context in which it is being used. It is important to ensure that all required details are included and that the declaration is accurate and truthful, as making a false declaration can have serious legal consequences.

What is the difference between an Affidavit and a Statutory Declaration in Canada?

A statutory declaration is a written statement of fact that is declared to be true. It is typically used outside of court, such as in administrative matters or for the purposes of obtaining government services.

An affidavit is also a written statement of fact that is sworn or affirmed to be true. It is typically used in legal proceedings and is subject to the rules of evidence in court.

Both statutory declarations and affidavits must be signed and witnessed by a commissioner of oaths or a notary public.

When is a statutory declaration required in Canadian law?

Statutory declarations may be required by government agencies, financial institutions, employers, or other organisations in order to confirm the accuracy of information or to comply with legal or regulatory requirements. A statutory declaration is authorized by the Canada Evidence Act and is used to assert the truth of any fact or facts, or of any account rendered in writing. A person is guilty of an offence if he/she makes a false statutory declaration. In some cases, statutory declarations may be required by law as a condition of eligibility for certain benefits or privileges. It is important to ensure that all required statutory declarations are accurate and truthful, as making a false declaration can have serious legal consequences.