What’s a Statutory Declaration?
A statutory declaration is a legal document used to confirm that certain information is correct. It is basically a written statement you declare is true before someone authorized to administer oaths, like a notary public or a commissioner of oaths.
It is often contained in government forms requiring information under various laws and statutes in Canada. They come in handy in various legal and administrative situations, such as confirming your identity or citizenship, verifying the accuracy of information or any type of documents, declaring where you reside, or showing evidence of your financial status or assets.
Understanding the Purpose of a Statutory Declaration
A statutory declaration is a way to officially state that certain facts are true. It is like making a legal promise in writing to assure others that the information you are giving is correct. You might need a statutory declaration for various purposes, such as when applying for government benefits or filing insurance claims.
Here are some common statutory declaration forms used in Canada:
● Statutory Declaration of Common Law Union
● Statutory Declaration of Progress Payment Distribution by Contractor
● Insurance Proof of Loss Claims
● Ontario Name Change Declaration form
What is the Difference Between a Statutory Declaration and an Affidavit?
Statutory declarations and affidavits are very similar. The main difference is that affidavits are ‘sworn’ or ‘affirmed’, and are commonly utilized in court proceedings. Statutory declarations are ‘declared’ with different wording, and are commonly used on forms created for a specific purpose, such as proving your Common Law relationship to Immigration officials.
Statutory declarations are solemn statements, while affidavits are solemn oaths or affirmations, but the effect of making them is the same: you promise that the contents of the document are true under penalty of law. You must sign both statutory declarations and affidavits before a notary public or commissioner of oaths.
What will You Find in a Standard Statutory Declaration?
Here are the key elements:
● Declarant — the person solemnly making the declaration. You will need to provide your full legal name and address
● A clear statement — that the declaration is being solemnly declared
● The purpose — the purpose of the declaration along with all the relevant details about the matter being declared
● An assurance — the declarant must make an assurance that they genuinely believe the information they’re providing is true and accurate.
● Signature — The declarant’s signature, the date of signing, and the location where the declaration is made. You must wait to sign the document in front of the notary public/commissioner of oaths
● Witness and Proof —The notary public or commissioner of oaths also signs and prints their name
Please keep in mind that the specific details in a statutory declaration might vary based on its purpose and the legal or administrative context in which it is used. There are official forms available for many statutory declarations in Canada, so be sure to check the website of the government agency or organization requiring the information to ensure you use the correct form. Remember, honesty is key, as making a false declaration can lead to serious legal consequences.
Who is Eligible to Administer the Declaration?
In both Ontario and the rest of Canada you can approach a notary public or a commissioner of oaths to sign the statutory declaration form.
How Can Red Seal Notary Help?
If you are dealing with a statutory declaration form in Ontario or the rest of Canada, we’ve got your back at Red Seal Notary! Red Seal Notary’s team of knowledgeable and professional notaries can help you commission or notarize your statutory declaration at our convenient walk-in offices in Toronto, Ottawa, and Mississauga, as well as by appointment at locations across Canada. Please visit our website at www.RedSealNotary.com or contact our helpful call center at 1-888-922-7325 to make an appointment to notarize documents at locations across the country.
We also have several free templates of statutory declarations that may help:
Common Law Union
Marital Status
Proof of Marriage
