Types of Statutory Declarations of Common-Law Union in Canada

If you’re in a common-law relationship in Canada, you may need to formally prove it with a Statutory Declaration of Common-Law Union. Common-law definitions and documents vary depending on whether you’re dealing with immigration, benefits, taxes and provincial matters. 

Here, we outline the different Statutory Declarations of Common-Law Union available in Canada, and how common-law status is defined across contexts.

What is a Statutory Declaration of Common-Law Union in Canada?

A Statutory Declaration of Common-Law Union is a legal document that provides evidence of a common-law relationship between two people. In it, a couple declares that they’ve been living together in a committed relationship, similar to a marriage, without a marriage certificate.

It helps establish the authenticity, duration, and nature of your relationship for the following purposes:

• Meeting legal requirements
• Confirming status for tax administration
• Enrolling in benefits and programs
• Complying with regulatory requirements
• Supporting immigration applications
• Satisfying administrative requirements

At the federal level in Canada, three types of Statutory Declarations of Common-Law Union are used:

• Statutory Declaration of Common-Law Union (IMM 5409): A prescribed federal immigration form used by Immigration, Refugees and Citizenship Canada (IRCC).
• ISP-3004 CPP Statutory Declaration: A prescribed Service Canada form used to declare a common-law relationship for Canada Pension Plan (CPP) benefits and related purposes.
• General Statutory Declaration of Common-Law Union: A general legal document commonly used for taxation, benefits, insurance, employment, and other administrative matters.

Provinces generally don’t have a single prescribed Statutory Declaration of Common-Law Union. Provincial authorities typically accept a general statutory declaration or a federally prescribed form, depending on the purpose and applicable provincial rules.

Definition of Common-Law Status in Canada

In Canada, common-law status is recognized once you meet the applicable legal criteria for the purpose involved. This requires evidence of cohabitation in a conjugal relationship over a defined period.

Common-law status also involves a significant commitment and mutual interdependence in a relationship of some permanence. You cannot be married to be considered common-law.

See more on what cohabitation and a conjugal relationship mean:

• Cohabitation: Living together, having combined your affairs and established your household in one dwelling.
• Conjugal Relationship: The nature of a conjugal relationship involves:
  • Sharing shelter (e.g., sleeping arrangements)
  • Sexual and personal behaviour (e.g. fidelity, commitment, mutual feelings)
  • Services (sharing household chores)
  • Social activities (e.g. presenting as a couple in the community and with family)
  • Economic support (e.g. financial arrangements, property ownership)
  • Children (attitude and conduct concerning children)
  • Societal perception of the two as a couple

While the above applies to common-law definitions across Canada, the criteria for common-law status differ across contexts in Canada. See these differences below.

IRCC’s Definition of Common-Law Status for Canadian Immigration

To be considered common-law for immigration purposes in Canada, your common-law partner:

• Is living with you in a conjugal relationship, but you are not married
• Is 18 or older
• Can be either sex
• Has been living in a conjugal relationship with you for at least 12 continuous months, without any long periods apart. 

• If either of you left your shared home, the time spent away apart must have been:
  • For family obligations, work, or business travel
  • For a short or temporary period

To prove common-law status for immigration, you may need to submit a Statutory Declaration of Common-Law Union (Form IMM 5409).

CRA’s Definition of Common-Law Status for Tax Administration

For federal taxation and certain benefits, CRA defines common law as living in a conjugal relationship with someone you’re not married to. Federal benefit programs refer to the Canadian Pension Plan (CPP) and Old Age Security (OAS). Additionally, at least one of the following must apply:

• You’ve been living together in a conjugal relationship for at least 12 continuous months
  • This includes any period you were separated for under 90 consecutive days because of a breakdown in the relationship.
• Your partner is the parent of your child by birth or adoption
• Your partner has custody and control of your child, and your child is wholly dependent on them for support

To prove common-law status for CRA, you generally self-declare your relationship on your tax return. CRA may request supporting documentation if further verification is needed. To show common-law status for CPP or OAS applications, you must complete an ISP-3004 CPP Statutory Declaration Common-Law Union.

Provincial and Territorial Definitions of Common-Law Status

In Canada, provincial and territorial governments have their own definitions of common-law status for non-federal purposes. 

Since these rules are set by provincial or territorial legislation, the criteria for recognizing a common-law relationship can vary by jurisdiction and by purpose. Here’s how Canadian provinces and territories define common-law status:

• Ontario: You’ve lived in a conjugal relationship for at least three years, or if you share a child. 
• British Columbia: You’ve lived in a marriage-like relationship for at least two years, or less if you have a child together (for certain purposes).
• Alberta: You’ve been in a relationship of interdependence for three years, or less if you have a child or sign an agreement.
• Manitoba: You’ve lived together for at least three years, or one year if you share a child, or register your relationship.
• Saskatchewan: You’ve lived together for at least two years, or share a child together.
• Nova Scotia: You’ve lived together for at least two years, or share a child together.
• New Brunswick: You’ve lived together for at least three years, or are in a relationship of permanence with a child.
• Prince Edward Island: You’ve lived together for at least three years, or less if you share a child.
• Newfoundland and Labrador: You’ve lived together for at least two years, or share a child.
• Quebec: There isn’t a statutory requirement for how long you must live together to be a de facto couple under the Civil Code. In practice and for many legal purposes, you’re considered in a “de facto union” if you’ve cohabited for at least two years.
• Yukon: You’ve lived together for at least two years, or share a child.
• Northwest Territories: You’ve lived together for at least two years, or share a child.
• Nunavut: You’ve lived together for at least two years, or share a child.

There isn’t typically a single prescribed form to prove common-law status provincially. Government bodies, courts, employers, insurers, and other organizations often accept a general Statutory Declaration of Common-Law Union along with supporting evidence.

Use our free general Statutory Declaration of Common-Law Union template to draft one in minutes.

General Statutory Declaration of Common-Law Union

You might need a general Statutory Declaration of Common-Law Union when applying for the following:

• Family law matters (e.g., spousal support, property division, etc.), 
• Provincial benefits and assistance programs
• Employment standards
• Insurance coverage
• Estate and succession matters
• Pension and survivor benefits administered provincially
• Other provincial or private administrative requirements

The organization requesting the declaration will determine whether just you, or you and your partner must complete it. If this isn’t clear, it’s best to confirm their requirements with the organization directly.

Statutory Declaration of Common-Law Union (IMM 5409) for Immigration

You might need Form IMM 5409 if IRCC needs to confirm a common-law relationship in the context of a family sponsorship application. You may also be asked to use this Form for other immigration applications on a case-by-case basis.

For Immigration Sponsorship Family Applications

For family sponsorship applications, you might need to submit Form IMM 5409 if the following applies:

• You (the sponsor) have a common-law partner who is a co-signer on a sponsorship application.
  • In this case, both you and your common-law partner complete IMM 5409.

• The sponsored person (principal applicant) has a common-law partner. 
  • Here, both the principal applicant and their common-law partner complete the form.
    

This is a joint declaration and must be completed by you and your partner. You may also need to provide IRCC with evidence of your relationship, like a residential signed lease, shared utility bills, and more.

As Supporting Evidence for Other Immigration Applications

In some cases, you may also use Form IMM 5409 as optional supporting evidence for other immigration applications. 

These can include establishing common-law status in other immigration contexts (e.g., open work permits for a student’s common-law partner and visitor extensions). However, this form is not required by default and isn’t listed as a standard government form in those application streams.

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ISP-3004 Statutory Declaration of Common-Law Union

You may need to complete Form ISP-3004 to confirm a common-law relationship for Canada Pension Plan (CPP) or Old Age Security (OAS) purposes. Service Canada may require this form when a common-law relationship affects benefit entitlement, survivor benefits, or benefit calculations.

You may be asked to complete ISP-3004 if:

• Your common-law status impacts benefit eligibility or payment amounts
• Service Canada cannot confirm your relationship through existing records
• You’re reporting marital or common-law status change for CPP or OAS purposes

Whether you must complete ISP-3004 alone or with your partner depends on the CPP or OAS benefit you’re applying for. Service Canada will specify who needs to complete and sign the form based on the application. If you’re unsure, check the instructions provided by Service Canada before completing the declaration.

CRA vs IRCC Definitions of Common-Law Status

While both IRCC and CRA require partners to live together for 12 months to be considered common-law, the following important differences apply:

1) What “Time Apart” Means

IRCC doesn’t allow time apart due to relationship breakdown, while CRA does. Additionally, IRCC doesn’t outline how much time apart is permitted, while CRA specifically states it allows no more than 90 consecutive days apart.

IRCC

• Time spent away from one another must have been for family obligations, work, or business travel.
  • Time away cannot be due to a relationship breakdown; this is considered a breakdown in cohabitation
• For a short or temporary period
• Cannot have “long periods apart”, which aren’t defined by a number of days or months.
  • Instead, IRCC considers the context, intent, and continuity of the relationship.

CRA

• Time spent apart can be for family obligations, work, business travel, or a relationship breakdown
  • Total time away must be less than 90 consecutive days
  • Here, time away can be due to a relationship breakdown, provided it doesn’t exceed 90 days

2) Child-Based Shortcut

IRCC doesn’t grant you common-law status if you cohabit less than 12 months, but share a child by birth or adoption. CRA grants common-law status before 12 months of cohabitation if you share a child or one partner has custody of a child.

IRCC

• For immigration, child status doesn’t replace the 12-month common-law requirement.
  • Sharing a child (by birth or adoption) before reaching 12 months of cohabitation does not make you common-law.

CRA

• For CRA, child status can replace the 12-month common-law requirement. You can become common-law before reaching 12 months of cohabitation if:
  • You share a child (by birth or adoption) 
  • One partner has custody or control of a wholly dependent child

Details a Statutory Declaration of Common-Law Union Requires

A Statutory Declaration of Common-Law Union requires a couple to provide specific details about themselves and the nature of their relationship. Each partner must sign the Declaration (unless it’s an individual Declaration, not a joint one) and provide the following:

• The Location of Signing: The country and province where the declaration is signed.   
• Personal Information: Both partners’ full legal names, addresses, and dates of birth. 
• Relationship Details: The length of time the couple has been common-law, and the date they began living together. 
• A Solemn Declaration: The person or people making the declaration must swear or affirm that the information they’ve provided is true. 
• Commissioning: The authorized official, like a notary, confirms each partner’s identity and witnesses their signatures. The official also signs the declaration and affixes their official stamp to complete commissioning.

Commissioning a Statutory Declaration of Common-Law Union

Your Statutory Declaration must be commissioned by an authorized official, like a notary public or commissioner of oaths. This is a necessary step, and without it, your Declaration isn’t valid.

You can meet with a notary online to have it commissioned in 7 minutes, from anywhere with a Wi-Fi connection.

How Commissioning Your Statutory Declaration Works

You can commission your Statutory Declaration online through a secure video appointment. During your online notary appointment, the following will take place:

• You’ll present a piece of valid, government-issued ID to verify your identity.
• You’ll swear or affirm that the contents of your Declaration are true.
• You’ll confirm that you understand the document and are signing voluntarily.
• You’ll sign and date the Declaration while a notary witnesses in real time.
• A notary signs and applies their official stamp or seal.
  

To learn more about the commissioning process, check out our guide.

Note: Knowingly providing false information may be considered perjury under Canada’s Criminal Code.

Complete Your Statutory Declaration of Common-Law Union 

Now that you understand how common-law status works in Canada and the Declarations available to prove it, it’s time to start drafting. Get started with the right Statutory Declaration of Common-Law Union for your situation below:

• Statutory Declaration of Common-Law Union (IMM 5409) for immigration
• Statutory Declaration of Common-Law Union for CPP/OAS enrollment
• General Statutory Declaration of Common-Law Union for various administrative reasons

When you’re finished, meet with a notary public online to have your Statutory Declaration of Common-Law Union commissioned in under 7 minutes!