Statutory declarations in Canada

A government office, insurer or bank asked you for a statutory declaration? It sounds complicated, but it’s a simple document once you know what goes in it. Here’s what a statutory declaration is, when you need one, what it should say, and how to sign it online in minutes.

What is a statutory declaration?

A statutory declaration is a written statement of facts that you formally declare to be true in front of an authorized official, such as a notary public or a commissioner for taking affidavits. You don’t swear an oath on it, but by law it has the same force and effect as if it were made under oath.

Statutory declarations are made under the Canada Evidence Act for federal matters, and under provincial law, such as Ontario’s Evidence Act, for provincial matters.

Statutory declaration vs. affidavit

Both are written statements of fact signed in front of an authorized official, and both carry legal weight. The difference is where they’re used:

• Affidavit: sworn or affirmed, and usually used as evidence in court proceedings.
• Statutory declaration: solemnly declared, and usually used outside of court, for government, business and administrative purposes.

If you’re not sure which one you need, ask the organization that requested it. They’ll usually tell you, or give you their own form.

When you might need one

• Replacing a lost, stolen or damaged document
• Confirming your address or residency
• Confirming that two different names belong to the same person
• Confirming your marital status or a common-law relationship, for example on an immigration form
• Insurance, pension and benefit claims
• Estate matters, such as confirming facts about a deceased person
• Any government or business form that says it must be “declared before” a notary or commissioner

What to include

• Your full name, address and occupation
• The facts you’re declaring, written clearly in numbered paragraphs
• Only facts you know to be true, from your own knowledge
• The declaration wording, stating that you make it conscientiously believing it to be true, knowing it has the same force and effect as if made under oath
• Your signature, and the signature, name and details of the official who takes your declaration

Many organizations provide their own statutory declaration form. If yours did, use it. Leave the form unsigned until your appointment, because you have to sign in front of the official.

Who can take a statutory declaration?

A statutory declaration must be declared in front of an official authorized by law, such as a notary public, a commissioner for taking affidavits, a lawyer or a justice of the peace. At Notaring, your declaration is taken by a notary public by secure video.

How to sign your statutory declaration online

With Notaring, you can do it from home in three steps:

1. Book a time that suits you and upload your declaration and a valid photo ID.
2. Meet a notary on a secure two-way video call from your phone, tablet or computer.
3. Sign electronically. The notary applies their digital seal and you download your signed declaration right away.

Pricing starts at $20. Book your appointment and send your declaration the same day.

Frequently asked questions

Is a statutory declaration the same as an affidavit?

Not quite. Both are signed in front of an authorized official and carry legal weight, but affidavits are mainly used in court, while statutory declarations are used for government, business and administrative matters.

What happens if a statement is false?

Knowingly making a false statutory declaration is a criminal offence in Canada and can lead to serious penalties, including jail time. Only declare facts you know to be true.

Can I sign from anywhere in Canada?

In many cases, yes. We take your declaration by video, and the declaration records where both you and the notary were at the time. Federal forms are generally fine. If your declaration is going to a provincial office, check with them first that they accept a declaration taken by a notary from another province.

Can more than one person sign?

Yes. If two or more people need to make a declaration, each of you can join the same secure video call from wherever you are, using the same link.

Sources: Canada Evidence Act, section 41; O. Reg. 431/20, Administering oath or declaration remotely.