Most people haven’t heard the phrase “statutory declaration” until a government form or institution asks them for one. Then the questions start: what is it, how is it different from an affidavit, and who can actually certify it? Here’s a plain-language breakdown.
What Is a Statutory Declaration?
A statutory declaration is a written statement of facts that a person swears or affirms to be true. It’s signed in front of an authorized official, a notary public or a commissioner for oaths, who administers the declaration and witnesses the signature.
Unlike an affidavit, a statutory declaration isn’t typically used as evidence in court. It’s used to formally confirm something to a government body, institution, or organization outside of litigation.
How It Differs From an Affidavit
The two documents look similar and are signed the same way, but they serve different purposes. An affidavit is used in legal proceedings, court cases, tribunal hearings, and formal disputes. A statutory declaration is used for administrative purposes, confirming facts to a pension plan, a government office, or an institutional body.
In practice, if an institution asks you to “declare” something in writing before an authorized official, they want a statutory declaration. If a court or lawyer is involved, they’ll ask for an affidavit.
Common Situations Where a Statutory Declaration Is Required
- Confirming a name change or name discrepancy
- Pension or insurance applications requiring declaration of facts
- Lost document declarations
- Statutory declarations of common-law status
- Confirming relationship status for immigration applications
- Proof of residence or employment for government filings
Who Can Certify a Statutory Declaration in Ontario?
Both a notary public and a commissioner for oaths can certify a statutory declaration in Ontario. If the document is for use outside Ontario or internationally, you’ll want a notary public specifically.
At Notable Notary, we handle statutory declarations regularly for clients across Pickering, Ajax, Oshawa, and beyond.
If you’re not sure what form your declaration needs to take, reach out before your appointment and we’ll walk you through it. Book online, by phone, or via email.
📞 Call: (289) 312-6678
💻 Book Online: notablenotary.ca/book-now
📧 Email: info@notablenotary.ca
