Statutory declarations play a significant role in legal and administrative processes across Canada. Whether it’s for confirming identity, verifying facts, or supporting various applications, these formal documents are essential in ensuring transparency and legal integrity. In this guide, you’ll learn about the most common uses of statutory declarations in Canada, who can make them, and how they’re typically handled.
What Is a Statutory Declaration?
A statutory declaration is a written statement of facts that the declarant swears to be true in the presence of an authorized person, such as a notary public, commissioner of oaths, or lawyer. It carries the same weight as an affidavit, although it is used in different contexts. These declarations are governed by Canadian federal and provincial laws and are commonly used in non-court legal proceedings or administrative matters.
Why Are Statutory Declarations Important?
Statutory declarations are crucial because they:
- Legally affirm facts without needing a court appearance
- Support official applications or processes
- Provide documented proof where no other records exist
- Reduce the risk of fraud in administrative matters
These characteristics make them essential in both government and private sector operations.
Verifying Identity for Government Services
One of the most common uses of statutory declarations in Canada is identity verification. When individuals lose their government-issued documents—such as birth certificates, passports, or citizenship cards—they often need to declare their identity or confirm specific details in order to obtain replacements.
For example, a statutory declaration of identity might be required when:
- A person is applying for a new passport without primary ID
- There is a name discrepancy between different official documents
- Identity theft is suspected and corrections are needed
Confirming Common-Law Relationships
In provinces like Ontario, British Columbia, and Alberta, common-law couples may be asked to provide a statutory declaration to confirm the length and legitimacy of their relationship. This is often required for:
- Health insurance benefits
- Immigration sponsorship
- Pension and survivor benefit applications
The declarant must provide detailed information such as the date they began living together, shared financial responsibilities, and other evidence of partnership.
Lost, Stolen, or Damaged Documents
If official documents like driver’s licenses, PR cards, or diplomas are lost, stolen, or damaged, applicants may need to submit a statutory declaration to confirm the circumstances. Government offices often request a detailed explanation sworn under oath before issuing replacements.
This is especially common in:
- IRCC applications for immigration
- University and college credential replacements
- Requests for duplicate certificates or permits
Immigration and Citizenship Applications
Immigration, Refugees and Citizenship Canada (IRCC) regularly accepts statutory declarations as supporting documentation. Applicants may use them to:
- Declare the absence of a police certificate from a country that doesn’t issue them
- Confirm name changes or variations in spelling
- Support refugee or asylum claims by verifying personal history details
Such uses of statutory declarations help bridge documentation gaps in sensitive or high-stakes situations.
Employment Background and Qualification Confirmation
Some employers in Canada may request a statutory declaration from potential employees to verify their previous work experience or educational qualifications, especially if official transcripts or records are difficult to obtain.
This is commonly used for:
- Skilled trade workers applying under express entry programs
- Foreign-trained professionals seeking licensing in Canada
- Situations where credentials cannot be verified through traditional means
In these cases, a statutory declaration can serve as a trustworthy alternative.
Travel Consent and Parental Agreements
When children travel internationally with one parent or a third party, Canadian border officials often require a travel consent letter, sometimes sworn as a statutory declaration. This helps prevent child abduction or custodial disputes during international travel.
Family law situations may also require statutory declarations to:
- Declare sole custody or guardianship
- Confirm compliance with court orders
- Outline co-parenting responsibilities or agreements
These documents provide legal security for all parties involved, especially during border crossings.
Declaring Residence for Legal or Tax Purposes
Certain legal or governmental processes require proof of residence, especially when accessing provincial services or tax benefits. A statutory declaration of residence can be used to declare:
- Proof of address when utility bills or leases are not available
- Temporary residency for students or seasonal workers
- Address changes for tax filing or driver’s license updates
This can be particularly helpful for newcomers to Canada who don’t yet have traditional documentation.
Real Estate and Property Transactions
In real estate, statutory declarations are commonly used to:
- Confirm that no renovations were done without permits
- Declare non-residency status for tax purposes
- Support applications for title insurance or zoning confirmation
They help reduce risk in property transfers and ensure compliance with provincial land registration regulations.
Business and Corporate Filings
Businesses in Canada may need to file statutory declarations to support:
- Shareholder resolutions
- Confirmation of corporate status or compliance
- Trade name usage and ownership claims
These declarations are often submitted to provincial registries or regulatory bodies when official documentation is limited or when changes are being formalized without a full board meeting.
When and Where to Use Statutory Declarations
Statutory declarations are typically required by:
- Government agencies (Service Canada, CRA, IRCC)
- Educational institutions
- Insurance providers
- Real estate lawyers
- Family courts
- Regulatory bodies
They are usually sworn in the presence of an authorized official such as:
- Notary public
- Commissioner of oaths
- Licensed lawyer
- Justice of the Peace
Be sure to check whether your declaration must follow federal or provincial rules, as there may be different templates or legal wording depending on your location in Canada.
How to Make a Statutory Declaration in Canada
Here’s a quick step-by-step process:
- Download or prepare your declaration using the correct template for your province.
- Write the facts clearly, truthfully, and in detail.
- Contact a notary or commissioner of oaths.
- Present valid ID to confirm your identity.
- Swear or affirm the declaration in front of the official.
- Receive your signed and stamped document.
In most cases, you’ll be charged a small fee for notarization, typically between $20–$50, depending on the complexity and province.
Final Thoughts on Their Everyday Significance
Understanding the common uses of statutory declarations in Canada helps both individuals and organizations navigate administrative and legal processes smoothly. From immigration to identity verification, real estate, and family law, these sworn statements provide a flexible and reliable tool for establishing truth in situations where formal documentation may not be available.
If you ever find yourself in a position where you need to confirm details officially, knowing when and how to use a statutory declaration can save time, reduce legal risks, and help move your process forward with confidence.
