Statutory Declarations Ontario
When you need a statutory declaration instead of an affidavit, how to prepare one correctly, and what to bring to your commissioning appointment
What Is a Statutory Declaration?
A statutory declaration is a written statement of facts that you sign and solemnly declare to be true in the presence of a commissioner of oaths or notary public. Unlike casual written statements, statutory declarations carry legal weight because making a false declaration is a criminal offence under the Canada Evidence Act. This legal consequence makes statutory declarations acceptable to government agencies, insurance companies, financial institutions, and other organizations that need reliable confirmation of facts without requiring court involvement.
Statutory declarations serve situations where you need to formally confirm something is true but are not involved in court proceedings. They are commonly used for name discrepancies on documents, lost or destroyed records, confirming relationships for immigration purposes, insurance claims, and countless administrative matters where organizations require more than your word but less than full court proceedings. Understanding when a statutory declaration is appropriate, how it differs from an affidavit, and how to prepare one correctly ensures your document will be accepted and serve its intended purpose.
Statutory Declaration vs Affidavit
People often confuse statutory declarations and affidavits because both involve sworn or declared statements witnessed by a commissioner. The key difference is their intended use and the formality of the oath or declaration made.
Statutory Declaration
Used for administrative and non-court purposes. You “solemnly declare” the contents are true. Governed by the Canada Evidence Act and provincial legislation. Appropriate for government applications, insurance claims, corporate filings, immigration documents, and any situation where you need to formally confirm facts outside of litigation. Making a false statutory declaration is a criminal offence, but the declaration process itself is slightly less formal than swearing an oath.
Affidavit
Used for court and tribunal proceedings. You “swear” or “affirm” under oath that the contents are true. Must follow specific court formatting rules including paragraph numbering, exhibit marking, and jurat requirements. Required when submitting evidence to courts, the Landlord and Tenant Board, or other tribunals. Our affidavit preparation guide covers court-specific requirements in detail.
If the organization requesting your document specifies “affidavit,” provide an affidavit. If they ask for a “statutory declaration” or “solemn declaration,” provide that. If they simply need a “sworn statement” or “declared statement” for non-court purposes, a statutory declaration is usually appropriate. When uncertain, ask the requesting organization which format they require before preparing your document.
Common Uses for Statutory Declarations
Situations where statutory declarations provide the formal confirmation organizations require
Name Discrepancies
When your name appears differently on various documents due to spelling variations, shortened names, or transliteration from other languages, a statutory declaration confirms that different names refer to the same person. Immigration applications, professional licensing, and financial institutions commonly require these declarations when identity documents show inconsistent names.
Lost or Destroyed Documents
When original documents have been lost, stolen, or destroyed and you need to explain their absence, a statutory declaration provides formal confirmation of the circumstances. This is often required before organizations will accept replacement documents or proceed without the original.
Confirming Relationships
Immigration applications, insurance beneficiary claims, and estate matters may require statutory declarations confirming family relationships, common-law partnerships, or other connections when documentary proof is unavailable or insufficient. These declarations often support applications where relationship status affects eligibility.
Insurance Claims
Insurance companies often require statutory declarations when processing claims, particularly for theft, loss, or circumstances where physical evidence is unavailable. The declaration provides formal confirmation of the facts surrounding your claim and carries legal consequences for false statements.
Corporate and Business Filings
Business registrations, corporate compliance filings, and regulatory submissions may require statutory declarations confirming various matters such as director eligibility, beneficial ownership, or compliance with regulatory requirements. Our business services can assist with corporate declarations.
Government Applications
Passport applications, citizenship matters, provincial program applications, and various federal and provincial government processes may require statutory declarations to confirm identity, residence, or other facts when standard documentation is insufficient or unavailable.
What to Include in Your Statutory Declaration
Essential elements that make your declaration complete and acceptable
Your Identity
Begin with your full legal name, current address, and occupation. This identifies you as the declarant and establishes that you have personal knowledge of the facts you are declaring. Use the name that matches your government-issued identification.
Statement of Facts
State each fact clearly and specifically. Use plain language and include relevant details like dates, names, locations, and circumstances. Each statement should be something within your personal knowledge, not speculation, opinion, or information you heard from others.
Purpose Statement
Explain why you are making this declaration and what it will be used for. For example: “I make this solemn declaration for the purpose of supporting my application for…” This helps the reader understand the context and confirms you know the declaration’s intended use.
Declaration Clause
Include the formal declaration statement: “I solemnly declare that the foregoing statements are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.”
Preparing Your Statutory Declaration
Proper preparation ensures your declaration will be accepted by the requesting organization and serves its intended purpose. Taking time to organize your information and draft clearly saves time at the commissioning appointment and prevents rejection.
Check Requirements First
Contact the organization requesting the declaration to confirm exactly what information they need included. Some organizations have specific templates or required wording. Others have particular formatting requirements. Getting this right the first time prevents having to redo the declaration because it did not meet their specifications.
Draft Before Your Appointment
Write out your declaration before arriving at the commissioner’s office. This allows you to carefully consider what to include, check facts and dates, and ensure completeness. Arriving with a prepared draft rather than trying to write from scratch during the appointment saves time and produces a better document.
Stick to Facts You Know
Include only information within your personal knowledge. If you are declaring something you witnessed, describe what you saw. If you are confirming your own identity or circumstances, state the facts directly. Do not include hearsay, speculation, or assumptions. If you need to reference information from another source, identify that source clearly.
Be Specific and Complete
Vague statements create problems. Instead of “I lost my passport recently,” write “I lost my Canadian passport number AB123456 issued on January 15, 2020, on or about March 10, 2025, while traveling in Vancouver, British Columbia.” Specific details demonstrate you have actual knowledge of the facts and make the declaration more useful to the recipient.
The Commissioning Process
Commissioning a statutory declaration involves appearing before a commissioner of oaths or notary public who witnesses your signature and confirms you understand what you are declaring. The commissioner’s role is to verify your identity, ensure you understand the contents and legal significance of the declaration, and witness your signature. They do not verify whether the facts you are declaring are actually true – that responsibility remains yours, and making false statements is a criminal offence.
During the appointment, the commissioner will ask you to present government-issued photo identification, confirm that you have read and understand the declaration, and ask whether you are signing voluntarily. You will then sign the declaration in the commissioner’s presence, and they will complete the jurat section with their signature, seal or stamp, and the date and location of commissioning. The entire process typically takes ten to fifteen minutes for straightforward declarations. Commissioner of oaths services are available for statutory declarations used within Ontario.
What to Bring to Your Appointment
Your Draft Declaration
Bring your prepared declaration, either typed or clearly handwritten. If the requesting organization provided a template or specific form, use that. Do not sign the declaration before arriving – you must sign in the commissioner’s presence.
Government Photo ID
Valid, current government-issued photo identification such as a passport, driver’s licence, Ontario Photo Card, or Permanent Resident Card. The commissioner must verify your identity before witnessing your signature.
Supporting Documents
If your declaration references specific documents or you need to attach exhibits, bring those originals. The commissioner may need to see them to properly witness your declaration about their contents.
Organization Requirements
Bring any instructions or requirements from the organization requesting the declaration. If they need specific wording, multiple copies, or particular formatting, having these requirements on hand prevents problems.
Common Mistakes to Avoid
→ Signing Before the Appointment
The commissioner must witness you signing the declaration. If you sign before arriving, the declaration is invalid and you will need to prepare and sign a new one. Leave the signature line blank until you are with the commissioner.
→ Including False or Exaggerated Information
Making a false statutory declaration is a criminal offence. Even exaggerations or statements you are not certain about can create legal problems. Stick to facts you know to be true and can support if questioned.
→ Using the Wrong Document Type
If an organization specifically requires an affidavit, a statutory declaration may not be accepted, and vice versa. Confirm which document type is required before preparing your statement to avoid having to redo it.
→ Vague or Incomplete Information
Declarations that lack specific details, dates, or clear statements of fact may be rejected or require follow-up. Take time to include all relevant information clearly and specifically.
→ Expired or Invalid ID
The commissioner cannot witness your declaration if they cannot verify your identity. Ensure your identification is current and not expired before your appointment.
Common Questions About Statutory Declarations
How much does it cost to get a statutory declaration commissioned?
Commissioner of oaths fees for statutory declarations typically range from twenty to forty dollars depending on complexity and the number of pages. Contact us for current pricing on your specific documents. Some organizations like Service Ontario or certain banks may offer free commissioning for specific purposes.
Can I make a statutory declaration for someone else?
You can only declare facts within your own personal knowledge. You cannot make a statutory declaration stating facts that someone else told you. If another person needs to confirm facts, they must make their own declaration. However, you can declare that you witnessed something or have direct knowledge of circumstances involving another person.
Do statutory declarations expire?
Statutory declarations themselves do not expire, but the requesting organization may require a recent declaration. Many organizations accept declarations made within the past six months to one year. Immigration applications often specify how recent declarations must be. Check with the requesting organization for their specific requirements.
What happens if I make a false statutory declaration?
Making a false statutory declaration is a criminal offence under the Canada Evidence Act. Penalties can include fines and imprisonment. Beyond criminal consequences, a false declaration discovered later can result in rejection of your application, loss of benefits obtained through the declaration, and damage to your credibility in future dealings with the organization.
Can a statutory declaration be used in court?
Statutory declarations are generally not suitable for court proceedings. Courts require affidavits, which have specific formatting requirements and involve a sworn oath rather than a solemn declaration. If you need a document for court, tribunal, or legal proceedings, see our guide to preparing affidavits for court-specific requirements.
Who can commission a statutory declaration in Ontario?
In Ontario, statutory declarations can be commissioned by commissioners of oaths, notaries public, lawyers, and certain other officials authorized under provincial legislation. For declarations that will only be used within Ontario, a commissioner of oaths is usually sufficient. For international use, a notary public may be required.
More Notary Guides
Certified true copies, affidavits for court, Power of Attorney notarization, and travel consent letters explained.
Need a Statutory Declaration Commissioned?
Same-day appointments available. Bring your draft declaration and valid ID – most appointments completed in fifteen minutes.
Commissioner of Oaths ServicesOr call: (416) 561-2345
Related services: Commissioner of Oaths Notary Public Toronto