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 enables a declarant to affirm the truth of certain facts or information. A Statutory Declaration has the same impact 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. 

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.

What’s the Difference Between an Affidavit and a Statutory Declaration?

Statutory Declarations and Affidavits are written statements of fact that present information with numbered sentences and paragraphs. Both can be used as evidence and must be affirmed to be true before an authorized official, like a notary public. Additionally, both documents must be witnessed, signed, and stamped by an authorized official.

However, there are some key differences between a Statutory Declaration and an Affidavit. A Statutory Declaration is typically used outside of court, while an Affidavit ismainly used for legal proceedings. Therefore, Affidavits are subject to the rules of evidence in provincial and federal courts. 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.

Does a Statutory Declaration need to be notarized in Canada? 

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. You can notarize your Statutory Declaration online, in 7 minutes with NotaryPro.