Statutory Declarations

A Statutory Declaration is a written summary of facts that the declarant (the person making the statement) solemnly declares to be true. While similar to an affidavit, it is not "sworn" on a religious text; instead, it is formally "declared" under the authority of the Canada Evidence Act or the Ontario Evidence Act.
To the average person, there is very little practical difference between an Affidavit and a Statutory Declaration. Both are legal tools used to confirm facts in writing, and it is a criminal offence to provide false information in either.
Who Can Witness a Declaration?
In Ontario, for a Statutory Declaration to be legally binding, it must be witnessed by a designated official, such as:
• A Notary Public
• A Commissioner for Taking Affidavits
• A Lawyer or Paralegal
• A Justice of the Peace
Standard vs. Custom Declarations
Most Statutory Declarations use standardized government forms (such as those for immigration, insurance claims, or professional licensing). However, there are times when you may need to draft your own declaration to provide evidence for a specific situation.
Pro-Tip: If you are required to provide a statement but haven't been given a specific form, you can often choose between an Affidavit or a Statutory Declaration. Our office can help ensure your custom document includes the necessary legal "probative" language to ensure it is accepted by the receiving party.