Understanding legal documents can be challenging, especially when it comes to official forms like statutory declarations. Whether you’re dealing with lost documents, immigration matters, or government applications, statutory declarations play a vital role in verifying facts in a legal format. In Canada, they are commonly used across various sectors and jurisdictions. This article will explain what statutory declarations are, when they are required, and how to properly complete and use them.
What Is a Statutory Declaration?
A statutory declaration is a legal document used in Canada to affirm that something is true to the best of your knowledge. It’s similar to an affidavit but is typically used outside of court proceedings. It must be signed in front of an authorized person such as a notary public, commissioner of oaths, or lawyer.
The purpose of a statutory declaration is to legally declare information that can be used in both government and private sectors. These declarations carry legal weight—making false statements can lead to criminal charges.
Who Can Request a Statutory Declaration?
Many institutions across Canada can request a statutory declaration. These include:
- Government agencies (federal, provincial, or municipal)
- Immigration, Refugees and Citizenship Canada (IRCC)
- Educational institutions
- Employers or professional licensing bodies
- Financial institutions
- Legal offices or insurance providers
Whether you’re replacing a lost document or supporting a visa application, understanding the context in which you’re providing a declaration is crucial.
Key Situations When Statutory Declarations Are Required
Below are common scenarios across Canada where statutory declarations are frequently required:
Lost or Damaged Documents
If you’ve lost important documents like a passport, driver’s license, or certificate, many agencies require a statutory declaration confirming the loss. This legal form helps protect against identity fraud and streamlines the replacement process.
Immigration and Citizenship Applications
For immigration and visa applications, statutory declarations may be used to confirm facts like marital status, common-law relationships, family ties, or financial support. Immigration officers often rely on such documents when official evidence is limited or unavailable.
Name Changes and Identity Proof
If you’re applying for a name change or correcting records (such as birth certificates), a statutory declaration can be used to support your request. This is especially helpful when other supporting documents are missing or insufficient.
Declarations of Common-Law Relationships
In Canada, common-law relationships are recognized legally. Many government forms—such as those for spousal sponsorships or tax benefits—require statutory declarations to confirm the existence and duration of a common-law relationship.
Business and Corporate Use
Business owners may need to submit statutory declarations when filing certain reports, confirming business ownership, or applying for licenses and permits. This is particularly common in provincial registries and corporate filings.
School Admissions and Financial Aid
Educational institutions might require a declaration to confirm residency status, guardianship, or income level when processing scholarship or grant applications.
Who Can Witness a Statutory Declaration in Canada?
To be legally valid, a statutory declaration must be signed in front of a qualified official. The following professionals are authorized to witness declarations in Canada:
- Notary public
- Commissioner of oaths
- Lawyer or paralegal
- Justice of the peace
- Certain government officials (depending on the province)
It’s important to note that friends, family, or co-workers cannot witness your statutory declaration unless they are legally authorized to do so.
What Should Be Included in a Statutory Declaration?
A statutory declaration must contain the following key components:
- Full Name and Address of the declarant (person making the statement)
- Statement of Facts being declared
- Legal Text confirming the statement is made solemnly and sincerely
- Date and Location of signing
- Signature of the declarant
- Official’s Signature and Details (name, title, license number, etc.)
A sample statutory declaration format might look like this:
“I, John Doe, of the City of Toronto, in the Province of Ontario, do solemnly declare that [insert statement here] and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.”
How to Obtain a Statutory Declaration Form
Most government websites offer downloadable templates for statutory declarations. Alternatively, you can request a form from your local city hall, court office, or legal service provider.
Be sure to use the correct template specific to the agency requesting it. For example, IRCC and provincial courts may each require different wording or formats.
Where to Get a Statutory Declaration Signed in Canada
You can have your statutory declaration signed at the following locations:
- Law offices
- Notary public offices
- Provincial or municipal government service centres
- Courthouses
- Some banks or financial institutions (if they offer legal services)
Note that not all services are free—legal professionals often charge a small fee for witnessing and stamping your document.
Digital Statutory Declarations: Are They Accepted?
Due to the increase in remote services, some provinces have started to accept electronic or virtual statutory declarations, provided that the official witnessing the declaration is authorized to do so remotely.
For example, in Ontario and British Columbia, remote witnessing is allowed under certain conditions. Always check with the specific institution to confirm whether digital declarations are accepted.
Tips to Avoid Rejection of Your Statutory Declaration
Mistakes in a statutory declaration can delay your process or result in outright rejection. Here are a few tips to ensure accuracy:
- Use the official wording required by the requesting organization
- Never sign the document before appearing in front of the witness
- Provide clear and truthful information
- Make sure the date and name on the document match your ID
- Double-check the official’s credentials who is witnessing your declaration
Final Thoughts on Legal Validity and Usefulness
Statutory declarations in Canada serve as a critical tool for confirming truth when no other document exists to support your statement. Whether it’s for immigration, legal, educational, or personal use, knowing when and how to use statutory declarations gives you confidence and clarity in handling official matters.
Understanding their format, legal weight, and proper witnessing ensures that your declaration holds up wherever it is submitted. Always ensure your information is accurate and legally supported to avoid complications in future applications.