How to Draft and Commission a Statutory Declaration Online in Canada

Key Takeaways

• A statutory declaration is a formal written statement of facts that a person solemnly declares to be true before an authorized professional.
• Statutory declarations are commonly used in Canada for government applications, identity verification, financial matters, and other administrative or legal purposes.
• You can prepare a statutory declaration yourself or use an online drafting service to help organize the required information.
• A statutory declaration generally must be signed and declared before an authorized professional, such as a Notary Public or commissioner for taking affidavits.
• Eligible statutory declarations may be commissioned remotely in some Canadian provinces and territories, allowing you to complete the process through an online appointment without visiting an office.

A statutory declaration is a formal written statement used to confirm that certain information is true. In Canada, statutory declarations are commonly required for government applications, financial matters, identity verification, and other situations where an individual must formally declare facts.

Whether you’re confirming your identity, explaining a particular circumstance, or providing supporting documentation for an application, preparing a statutory declaration doesn’t have to be complicated.

With NotaryPro, you can draft your statutory declaration online, review your information, and connect with a Notary Public through our Online Notary Services to have your document signed and commissioned, all from the comfort of your home.

In this guide, we’ll explain what statutory declarations are, when they’re needed, how to draft one online, and what to expect during the commissioning process.

What Is a Statutory Declaration?

A statutory declaration is a formal written statement in which a person solemnly declares that certain facts or information are true. It’s commonly used in Canada when an individual needs to confirm information for a government agency, financial institution, employer, or other organization.

Unlike an ordinary written statement, a statutory declaration must be formally declared before an authorized professional, such as a Notary Public or commissioner for taking affidavits.

The person making the declaration is known as the declarant. By signing the document and making the required solemn declaration, the declarant formally confirms the truth of the information provided.

Under the federal Canada Evidence Act, statutory declarations are recognized as a formal method of declaring facts. Provincial and territorial legislation also governs statutory declarations in various circumstances.

What Is the Difference Between a Statutory Declaration and an Affidavit?

Although statutory declarations and affidavits are similar, they serve different purposes.

An affidavit is a written statement of facts that a person swears or affirms to be true. Affidavits are commonly used as evidence in court proceedings and other legal matters.

A statutory declaration is a formal declaration of truth typically used to confirm facts for administrative, government, financial, or other official purposes.

Both documents require formal procedures before an authorized professional, but they are not always interchangeable. If an organization specifically requests an affidavit or statutory declaration, it’s important to provide the correct document.

When Might You Need a Statutory Declaration in Canada?

Statutory declarations are used across Canada to formally confirm information when supporting documents are unavailable, incomplete, or require additional verification. They help individuals provide a written declaration of facts for official, administrative, and legal purposes.

Some common situations where you might need a statutory declaration include:

Government Applications and Immigration

Government departments may request statutory declarations to confirm personal information, explain discrepancies in records, or provide additional details for an application.

For example, a statutory declaration may be used to explain differences in names, confirm certain personal circumstances, or support an immigration-related application.

Identity and Personal Information

Statutory declarations can help establish or clarify personal details when other documentation is missing or inconsistent.

Examples include confirming a name change, explaining an error in an official record, or declaring information about your identity or personal history.

Financial and Property Matters

Banks, insurance providers, and other financial institutions sometimes request statutory declarations to confirm facts related to accounts, transactions, ownership, or lost documents.

A declaration might be used to explain missing paperwork, confirm ownership information, or support an insurance or financial claim.

Lost or Missing Documents

If an important document has been lost, destroyed, or is otherwise unavailable, an organization may request a statutory declaration explaining what happened.

This provides a formal record of the circumstances and can help support a request for replacement documentation.

Employment and Professional Requirements

Employers, licensing bodies, and professional organizations may request statutory declarations to verify qualifications, employment history, professional experience, or other information relevant to an application.

In each situation, the organization requesting the declaration will typically identify the information it needs and whether a specific form must be used.

What Information Do You Need to Prepare a Statutory Declaration?

Before drafting your statutory declaration, it’s helpful to gather the information and supporting documents relevant to your situation. Having everything ready will make the drafting process faster and help ensure your declaration is clear and complete.

You can use NotaryPro’s legal document templates to get started with preparing your declaration.

Most statutory declarations include the following information:

1. Your Personal Information

Start with the full legal name of the person making the declaration, known as the declarant. You may also need to provide your address, occupation, or other identifying details.

Use the same name and personal information that appear on your official identification and supporting documents.

2. The Purpose of Your Declaration

Clearly explain why you’re making the statutory declaration and what information you need to confirm.

For example, you might be declaring that a document was lost, explaining a discrepancy in your personal records, or confirming facts requested by a government agency.

The Government of Canada’s statutory declaration form for common-law unions is one example of how declarations are used to formally confirm personal circumstances.

3. A Clear Statement of Facts

The main portion of your statutory declaration should describe the facts you’re formally declaring to be true.

Include relevant names, dates, locations, and circumstances. Present the information in a logical order, using clear and specific language.

If you’re describing several events or facts, numbered paragraphs can make your declaration easier to follow.

4. Supporting Documents

Gather any records that support the information in your declaration, such as identification, correspondence, receipts, or other official documents.

Supporting documents aren’t required for every statutory declaration, but they can help you prepare an accurate statement and provide additional context when requested.

5. Your Signature and Declaration

A statutory declaration includes a formal statement confirming that the information provided is true.

You’ll also need to sign the declaration before an authorized professional, such as a Notary Public or commissioner for taking affidavits, who completes the required commissioning details.

NotaryPro’s Online Notary Services make it convenient to connect with a Notary Public for remote commissioning.

For an example of the formal requirements governing statutory declarations at the federal level, see Section 41 of the Canada Evidence Act.

Important: If you’ve been given a specific statutory declaration form by a government agency or other organization, use that form rather than creating a new document from scratch.

How to Draft a Statutory Declaration Online in Canada

Preparing a statutory declaration online is a straightforward process when you know what information to include. With NotaryPro’s online drafting service, you can create a customized document without having to write it entirely from scratch.

Here’s how to get started.

Step 1: Choose Your Statutory Declaration Template

Start with NotaryPro’s Custom Statutory Declaration Drafting service.

A customized declaration helps you organize the facts relevant to your situation and prepare a document suited to its intended purpose.

Before starting, check whether the organization requesting your declaration has provided a specific form. If it has, use that form.

Step 2: Provide Your Personal Information

Enter your full legal name and the identifying details required for your declaration.

Make sure your information matches your identification and any supporting documents. Small inconsistencies, such as spelling differences or incorrect dates, can create unnecessary delays.

Step 3: Explain the Facts You’re Declaring

Describe the purpose of your declaration and provide the relevant details.

Be specific about names, dates, events, and circumstances. Focus on facts you know to be true rather than assumptions or information you cannot personally confirm.

For example, if you’re preparing a declaration about a lost document, explain what the document was, when you last had it, and the circumstances surrounding its loss.

Step 4: Review Your Draft Carefully

Before finalizing your declaration, review the document for accuracy, completeness, and clarity.

Check that:

• Your personal information is correct.
• All relevant facts are included.
• Dates, names, and other details are consistent.
• The declaration addresses the purpose for which it was requested.
• Any required wording or supporting information has been included.

Correct any errors before proceeding to the signing stage.

Step 5: Arrange to Have Your Declaration Commissioned

Once your document is ready, the next step is to make your formal declaration before an authorized professional.

Through NotaryPro’s Online Notary Services, you can connect with a Notary Public for a virtual commissioning appointment.

During the appointment, you’ll confirm your identity, make the required solemn declaration, and complete the signing process under the Notary Public’s direction.

Step 6: Receive and Submit Your Completed Declaration

After your declaration has been signed and commissioned, you’ll have a completed document ready to provide to the requesting organization.

Review any submission instructions to confirm whether you need to provide an electronic copy, a printed document, or additional supporting materials.

Can You Have a Statutory Declaration Commissioned Online in Canada?

Yes. Online commissioning allows Canadians to meet with an authorized professional through a video appointment to formally declare that the information in their statutory declaration is true.

Instead of travelling to a physical office, you can connect with a Notary Public remotely, verify your identity, and complete the required declaration and signing process.

NotaryPro offers Online Notary Services that make this process convenient for individuals preparing statutory declarations and other eligible documents.

How Does Online Commissioning Work?

During a virtual commissioning appointment, the Notary Public guides you through the formal requirements for completing your declaration.

The process generally involves:

1. Identity verification: You’ll present acceptable identification so the Notary Public can confirm your identity.
2. Document review: The Notary Public will review your declaration and confirm that the required information and signing details are in place.
3. Solemn declaration: You’ll formally declare that the information in your document is true.
4. Signing and commissioning: You’ll complete the required signing process, and the Notary Public will add the appropriate commissioning details.

The appointment focuses on properly administering and witnessing your declaration. The Notary Public does not independently investigate or guarantee the truth of every statement in the document.

Is Online Commissioning the Same as Online Notarization?

No. Although the terms are sometimes used interchangeably, commissioning and notarization are distinct services.

Commissioning involves administering an oath, affirmation, or solemn declaration and witnessing the required signing of a document. This is the process typically used for statutory declarations.

Notarization can involve other notarial acts, such as certifying copies of documents or authenticating signatures.

In Canada, NotaryPro provides remote commissioning through its online appointments and offers in-person notary services for documents requiring traditional notarization.

Are Online-Commissioned Statutory Declarations Accepted?

Remote commissioning is recognized under applicable Canadian provincial and territorial rules. For example, Ontario’s O. Reg. 431/20 under the Commissioners for Taking Affidavits Act establishes requirements for administering oaths and declarations remotely.

Before your appointment, confirm that the organization receiving your statutory declaration accepts remote commissioning, particularly if it has provided its own form or submission instructions.

Tips for Preparing Your Statutory Declaration

A well-prepared statutory declaration should be clear, accurate, and focused on the facts you need to confirm. Before submitting your document, keep these practical tips in mind.

Stick to Facts You Can Personally Confirm

Only include information you know to be true. Avoid speculation, assumptions, or statements based on what someone else has told you unless you’re clearly identifying the source of that information.

Remember, you’re making a formal declaration about the accuracy of the statements in your document.

Be Specific Without Adding Unnecessary Details

Include relevant dates, names, locations, and circumstances, but avoid lengthy explanations that don’t support the purpose of your declaration.

For example, if you’re declaring that an important document was lost, focus on identifying the document and explaining when and how it went missing.

Use Clear, Straightforward Language

You don’t need complicated legal terminology to explain your circumstances. Simple, direct sentences make your declaration easier to understand and review.

Organize longer declarations into numbered paragraphs, with each paragraph addressing a specific fact or event.

Check for Required Forms or Wording

Some government agencies, financial institutions, and other organizations provide their own statutory declaration forms.

Review their instructions before drafting your document to ensure you’re including the required information and using the correct format.

Don’t Sign Before Your Commissioning Appointment

Leave the signature section incomplete until your appointment unless your Notary Public has instructed you otherwise.

The commissioning process requires you to make the formal declaration and complete the necessary signing steps under the authorized professional’s direction.

Review Everything Before Making Your Declaration

Read your completed document carefully before your appointment. Check names, dates, spelling, and factual statements for accuracy.

If you notice an error or need to make a change, address it before formally declaring the information to be true.

Frequently Asked Questions About Statutory Declarations in Canada

Can I Write My Own Statutory Declaration in Canada?

Yes. You can prepare your own statutory declaration, provided it contains the required information and follows the appropriate format. You can also use NotaryPro’s Custom Statutory Declaration Drafting service to help prepare your document.

If the organization requesting your declaration provides a specific form, use that form instead.

Who Can Commission a Statutory Declaration in Canada?

Statutory declarations are typically commissioned by a Notary Public or commissioner for taking affidavits. Other professionals may also be authorized to administer solemn declarations under applicable legislation.

The person commissioning your declaration will verify your identity, administer the required declaration, and complete the commissioning details.

Do I Need a Lawyer to Prepare a Statutory Declaration?

No. You generally don’t need a lawyer to prepare a statutory declaration. Many declarations involve straightforward statements of fact that you can draft yourself or prepare using an online drafting service.

However, if your declaration involves a legal dispute, complex financial arrangements, or potentially significant legal consequences, seeking legal advice can help you understand what information to include.

Can I Sign a Statutory Declaration Online?

Yes. Remote commissioning allows you to complete the formal declaration and signing process during a virtual appointment with an authorized professional.

NotaryPro’s Online Notary Services let you connect with a Notary Public without visiting a physical office.

Confirm that the organization receiving your declaration accepts remote commissioning before proceeding.

Is a Statutory Declaration the Same as an Affidavit?

No. Although both are formal statements of fact, an affidavit is sworn or affirmed and is commonly used as evidence in legal proceedings. A statutory declaration is a solemn declaration of truth often used for government, administrative, and other official purposes.

The documents serve different functions, so it’s important to use the one requested by the receiving organization.

How Much Does a Statutory Declaration Cost in Canada?

The cost depends on the services you need. Drafting a statutory declaration and having it commissioned are separate steps, and fees can vary based on the provider and the complexity of the document.

NotaryPro offers custom statutory declaration drafting and online commissioning appointments, allowing you to choose the services you need.

Draft and Complete Your Statutory Declaration Online

Preparing a statutory declaration doesn’t have to be complicated. With the right information and a clear understanding of the process, you can create a document that accurately reflects the facts you need to declare.

Whether you’re completing a government application, confirming personal information, or replacing a lost document, NotaryPro simplifies the process of preparing your statutory declaration and connecting with a Notary Public for commissioning.

Get started with NotaryPro’s Custom Statutory Declaration Drafting service and take the next step toward completing your document.