DocumentsStatutory Declaration
Statutory Declaration
If you need a notarized custom statutory declaration you’re in the right place.
A statutory declaration is a legal document that is used to declare information to be true. It is a written statement sworn before a person who is authorised to administer oaths, such as a notary public or a commissioner of oaths. Statutory declarations are commonly used in a variety of legal and administrative situations, such as:
- Confirming identity or citizenship
- Verifying the accuracy of documents or information
- Making a declaration of residency
- Declaring a common-law relationship or marriage
- Providing evidence of financial status or assets
Statutory Declaration
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 having to make an appointment with a notary public and spend hours drafting a document on your own, you can complete the entire process online from the comfort of your own home.
What is a statutory declaration in Canada?
A statutory declaration in Canada is a legal document where someone declares information to be true, made under oath or affirmation before a notary public or commissioner of oaths. It is commonly used in various legal and administrative situations, such as (but not limited to):
- When financial institutions are looking to transfer money from the estate of someone who has passed to those legally entitled to deal with their estate
- When someone needs to affirm the type of goods for export or import
- If a company director is declaring the solvency of their company when going into members’ voluntary liquidation
- If a defendant who was not aware of criminal proceedings against them until after the trial began, needs to provide an explanation for their absence
- In case a parent needs to register a child’s birth in circumstances where both parents cannot go in person to the register office
- By someone applying to update their legal gender
- If you’re applying for a pension
- For declaring marital status
- When swearing or affirming facts
- For legal name changes
- For construction payments for new homes
- When filing an insurance claim
What details or information should a general Statutory Declaration contain?
A statutory declaration in Canada should include the following details:
- The title “Statutory Declaration”
- The declarant’s (the person who is making the solemn declaration) full legal name, address, and occupation
- A statement that the declaration is made under oath or affirmation
- The purpose of the declaration and the relevant details of the matter being declared
- A statement that the declarant believes the information provided to be true and accurate
- The declarant’s signature, the date the declaration was signed, and the location where it was signed
- The signature and printed name of the notary public or commissioner of oaths
The specific details required in a statutory declaration can vary depending on the purpose of the declaration and the legal or administrative context in which it is being used. It is important to ensure that all required details are included and that the declaration is accurate and truthful, as making a false declaration can have serious legal consequences.
What is the difference between an Affidavit and a Statutory Declaration in Canada?
A statutory declaration is a written statement of fact that is declared to be true. It is typically used outside of court, such as in administrative matters or for the purposes of obtaining government services.
An affidavit is also a written statement of fact that is sworn or affirmed to be true. It is typically used in legal proceedings and is subject to the rules of evidence in court.
Both statutory declarations and affidavits must be signed and witnessed by a commissioner of oaths or a notary public.
When is a statutory declaration required in Canadian law?
Statutory declarations may be required by government agencies, financial institutions, employers, or other organisations in order to confirm the accuracy of information or to comply with legal or regulatory requirements. A statutory declaration is authorized by the Canada Evidence Act and is used to assert the truth of any fact or facts, or of any account rendered in writing. A person is guilty of an offence if he/she makes a false statutory declaration. In some cases, statutory declarations may be required by law as a condition of eligibility for certain benefits or privileges. It is important to ensure that all required statutory declarations are accurate and truthful, as making a false declaration can have serious legal consequences.
Frequently Asked Questions
What is a statutory declaration and when is it needed?
A statutory declaration in Canada is a written statement sworn before a notary public or a commissioner of oaths. It is used to declare or affirm information to be true and can be required in various legal and administrative situations.
There are various legal and administrative situations, such as verifying identity or citizenship, confirming document accuracy, or providing evidence of financial status, that may require a custom statutory declaration.
How should a statutory declaration be signed and witnessed?
In Canada it’s most common for a statutory declaration to be signed and witnessed before a notary public or commissioner of oaths.
However, a lawyer, student of law, or other authorised person who is able to administer oaths or affirmations, may be able to notarize your statutory declaration for you.
Can a statutory declaration be made by someone who is not in Canada?
It depends on the purpose and legal requirements of the statutory declaration.
In some cases, a statutory declaration may need to be made in Canada before an authorised person, while in other cases, it may be possible to make the declaration before an authorised person outside of Canada. It is recommended to consult with a legal professional or an authorised person to determine the specific requirements for a particular situation.
How long is a statutory declaration valid in Canada?
In some cases, there may be no specific expiration date, while in other cases, the declaration may need to be updated or renewed periodically.
The validity period of a statutory declaration in Canada depends on the purpose and legal requirements of the declaration.
Is NotaryPro’s online drafting & notary service legally recognized?
Yes, NotaryPro’s documents are legally recognized.
NotaryPro’s documents have been accepted by border authorities all over the world, including Canada Border Services and US Customers and Border Protection.
Is NotaryPro’s online drafting & notary service secure?
Yes, NotaryPro uses the latest encryption technology.
our personal information and documents are subject to the highest level of digital security, and we ensure that your documents are notarized in compliance with all applicable Canadian laws and regulations.
How much does it cost?
It’s free to create your document, although we do offer online notarization for a small fee.
That’s right! Creating your document comes at no cost to you, but if you would like to notarize it at the same time, we’re happy to help. Please find our detailed prices here.
Other resources for Statutory Declarations
- How to Easily Draft and Notarize Statutory Declarations Online in Canada
- Your Guide to Affidavits and Statutory Declarations
- Statutory Declaration of Progress Payment Distribution (CCDC 9A & 9B)
- Your Guide to a Statutory Declaration for a Change of Sex Designation on a Birth Registration of an Adult
- What is a Statutory Declaration of Common Law Union and Do I Need to Get It Notarized?
- Your Guide to the Statutory Declaration of Identity
- Your Guide to the Statutory Declaration of Separation of Legal Spouses or Common Law Partners
- Your Guide to Statutory Declarations of Identity for Permanent Residency
- Your Guide to the Statutory Declaration in Lieu of Guarantor (Form PPTC 326)
- Online Notary for Ontario Court Forms: Family Law Rules
- How to complete the Statutory Declaration for your CRPO Application