Statutory Declaration

Statutory Declaration: Sworn in One Short Appointment

A statutory declaration is a written statement of facts that you solemnly declare to be true in front of a commissioner for taking affidavits, with the same legal force as if made under oath. Agencies ask for one when the fact you need to prove has no certificate: that you live common-law, that two differently spelled names are the same person, that a document was lost. I commission statutory declarations daily as an Ontario lawyer and commissioner, in person at my Mississauga office or by video for eligible declarations under O. Reg. 431/20.

When do people need a statutory declaration?

1

Immigration:

common-law partnership declarations, proof of relationship, name discrepancy and one-and-the-same-person declarations for IRCC files

2

Identity and records:

lost passport, lost PR card or lost citizenship certificate declarations; corrections to dates or spellings across documents

3

Government services:

Service Ontario and Service Canada forms, OHIP matters, licence plate and vehicle transfers between family members

4

Financial and insurance:

proof of loss, sworn income statements for lenders, beneficiary declarations

5

Everyday life:

solemnizing facts for schools, employers, landlords and pension administrators when they ask for it “sworn before a commissioner”

If a form has a jurat block at the bottom, the line beginning “Declared before me at…”, it is a statutory declaration and it belongs in front of a commissioner.

What is the difference between a statutory declaration and an affidavit?

Purpose, mostly. Affidavits are sworn evidence built for court proceedings; statutory declarations do the same job outside the courtroom, for agencies, institutions and administrative processes. The ceremony is nearly identical, the penalty for lying is criminal either way, and I commission both. If your recipient told you which one they want, bring that word with you; if they did not, I will format it the way the receiving office conventionally expects.

How does the appointment work?

Bring the declaration complete and unsigned, every page and attachment, plus one valid government photo ID. I confirm your identity, check the declaration reads properly and matches your ID, then ask you to solemnly declare the contents are true, watch you sign, and complete the jurat with my signature and stamp. Ten minutes, usually. The first declaration is $39 and additional declarations in the same sitting are $19 each .

Can my statutory declaration be done by video?

Often, yes. Statutory declarations are squarely within Ontario’s remote commissioning rules, so if your receiving organization accepts a remotely commissioned document, we complete it over secure video: ID shown on camera, pages displayed, signature witnessed live, jurat noting the remote process under O. Reg. 431/20. Two checks first: confirm your recipient’s policy, since a minority still require in-person, and remember that if the same document later needs an apostille, video is off the table and it must be done in person in wet ink from the start.

The one-and-the-same-person declaration, explained

This is the declaration for when your documents disagree about you: a passport says Mohammed, a degree says Mohammad, a bank record uses an initial. The declaration states that all the listed name versions refer to one person, attaches the conflicting documents as exhibits, and gets sworn before me. Institutions from IRCC to foreign universities accept it as the standard cure, and it is a ten-minute fix for a problem that otherwise stalls applications for weeks. Bring every document showing a variant spelling so the declaration captures them all in one pass.

FAQ's

Frequently Asked Questions

Can you write the statutory declaration for me?

Commissioning covers the oath, not the drafting. That said, I am a lawyer, so where your situation needs custom wording I can draft it as a separately quoted service. Many agencies also publish their own fillable templates, and I will point you to the right one when it exists.

Do my supporting documents get stamped too?

Attachments referred to in the declaration are marked as exhibits with an exhibit stamp and my signature so they are formally tied to your sworn statement. Exhibit stamping is included in the flat fee.

What if English is not my first language?

You must understand what you are declaring. We can proceed if you understand the document; where you do not, an interpreter can assist and signs a short interpreter declaration alongside. Arrange the interpreter before booking and mention it in the notes.

Is a statutory declaration valid outside Canada?

Canadian agencies accept it directly. Foreign recipients often want it notarized as well, and increasingly apostilled through Official Documents Services; both are add-ons I handle in the same appointment, in person.

Do declarations expire?

The declaration states facts as of its date. Recipients commonly want recent ones, so declare close to your filing date if the office has a freshness expectation.

Can a minor swear a statutory declaration?

There is no fixed statutory age; the test is whether the young person understands the duty to tell the truth and the contents of the declaration. Where a recipient requires a declaration from a teenager, I assess understanding in plain conversation, and a parent may attend without signing for them.

Ten minutes, one stamp, done properly.