Statutory Declaration of Common-Law Union | Free Template

The definition of common-law varies depending on which province or territory you’re in, and why you need to prove common-law status.

There’s no single definition of common-law status in Canada because common-law criteria vary across provinces and territories. Common-law rules also differ at the federal level, depending on why you need to demonstrate common-law status.

For example, IRCC requires a couple to live together for one year before becoming common-law, even if they share a child. Conversely, CRA considers a couple to be common-law after cohabiting for one year or sooner if they share a child.

To add to the confusion, Canadian provinces and territories also use a different set of criteria to define common-law status. For instance, Ontario’s Family Law Act requires a couple to live together continuously for three years (or one year if they share a child). By contrast, British Columbia recognizes common-law spouses after two years of cohabitation (or immediately if a couple shares a child).

It’s best to check how the organization requesting the Statutory Declaration defines a common-law relationship before proceeding.

A general Statutory Declaration of Common-Law Union is typically used only when no prescribed government form applies. It’s not typically used for government-run immigration, taxation, pension, or old-age security matters. Those situations have their own processes or prescribed government forms.

You may need a General Statutory Declaration of Common-Law Union for the following:

• Employer or union benefits enrolment: Where you need to prove your common-law relationship, and no specific form is provided.
• Private insurance matters: For enrolment, beneficiary designation, coverage eligibility, and claims.
• Estate planning and estate administration: Where you need to prove common-law status for Wills, estates, or succession planning.
• Private or employer-administered retirement and pension: Where plans are not governed by the Canadian Pension Plan or Old Age Security.
• Banking, lending, or contractual matters: For co-borrowing arrangements, guarantees, or contracts where relationship status affects financial rights or obligations.
• Family law or civil cases: Where sworn evidence of your common-law relationship is required, and no prescribed statutory form exists.
• Housing, real estate, or tenancy matters: To confirm common-law status for joint tenancies, lease applications, occupancy rights, or related contractual requirements.
• Administrative and regulatory processes: Any requests for sworn confirmation of a common-law relationship that don’t mandate a specific government form

Acceptance of a general Statutory Declaration of Common-Law Union depends on the requesting authority’s requirements.

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 and provide the following:

• The Location of the Declaration: The country and province where the declaration is being made.
• Personal Information: Both partners’ full legal names, current address, and dates of birth.
• Cohabiting Relationship Duration: The length of time the couple has been in a common-law relationship, and the date they began living together.
• A Solemn Statement: The declarants (person making the declaration) and their partner must declare that the information they’ve provided is true. The couple makes a solemn statement before a notary public and then signs the declaration in their presence.
• Commissioning: The authorized official confirms each partner’s identity and witnesses their signatures. The official also provides their full name, signature, and official stamp to certify the declaration’s validity.

Your Statutory Declaration of Common-Law Union 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 your Declaration commissioned in 7 minutes, from anywhere with a Wi-Fi connection. Note: Remote commissioning rules can vary based on provincial law. Always check your local laws to ensure they permit online commissioning.

How Commissioning Your Declaration Works

You can commission your 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 solemnly declare 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.