Statutory Declaration Frequently Asked Questions

Published on 29 August 2022, 07:22:56 AM

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Swear or affirm a legal oath in writing with Axess Law Ontario lawyers and notary public services. We assist you with:

  • applying for pensions
  • declaring marital status
  • swearing or affirming facts
  • legal name changes
  • construction payments for new homes
  • filing insurance claims
  • requesting estate benefits
  • and more.

Axess Law’s Ontario notary publics witness e-signatures online. Our secure virtual video conference technology protects your privacy while allowing you to sign almost any document online. Appointments with Greater Toronto Area lawyers are available in person if you prefer. Ask about our affordable flat rate fees when you phone or book online to make your appointment.

What is a statutory declaration?

Statutory declarations are facts you declare are true. Make a legal oath in writing to confirm your identity and let readers know you confirm the facts are accurate to the best of your knowledge. Statutory declarations may be required to apply for government benefits or make insurance claims. For example, extended family members living abroad or in the U.S. can currently apply to re-enter Canada by signing a statutory declaration. An Axess Law notary public or commissioner can show you how to apply for permission to reunite with your family if they are Canadian citizens or permanent residents.

Form: IMM 0006 E : APPLICATION FOR AUTHORIZATION AND STATUTORY DECLARATION – PDF link

 

Can you give me some examples of statutory declarations?

Building a custom home in Ontario? A progress payment declaration protects you from irksome new home construction liens. It confirms your general contractor has paid subcontractors or suppliers who might otherwise sue you. Need to prove you are legally married to apply for Old Age Security (OAS) benefits? You can file a legal marriage declaration if your original marriage certificate is missing. Statutory declarations have you covered in all kinds of circumstances. They are easy to complete and, with our flat fee notary public and commissioner of oath services, inexpensive to make. These are just some of the statutory declaration examples that you might be interested in.

Form: PROGRESS PAYMENT DISTRIBUTION FORM – PDF link

Form: STATUTORY DECLARATION OF LEGAL MARRIAGE – PDF link

 

 

Can I get a statutory declaration witnessed overseas?

Canadian embassies and consulates can notarize documents, such as a declaration you are single, if a local commissioner of oaths or notary public when you travel is unavailable. Most embassies can certify true copies of photocopies, witness your signature on legal oaths, affirm affidavits or notarize documents for use in Canada. You can also request to have foreign or Canadian travel or other documents authenticated. Be aware that some countries may not accept your overseas statutory declaration unless they are authenticated in Canada. It can take 15 to 20 days to get a Statement in Lieu of Certificate of Non-Impediment to Marriage Abroad, so plan well ahead.   

Form: SINGLE STATUS CERTIFICATE – PDF link

 

 

How do you write a statutory declaration?

Like an affidavit, a statutory declaration contains facts you know to be true. So, what to write in a statutory declaration? When no form is available, write a statutory declaration by listing your name, address and occupation, with the statement: “I do  solemnly and sincerely declare.” Include facts in separate, numbered paragraphs and attach exhibits such as photos or legal documents only if needed. Conclude with: “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, and by virtue of the Canada Evidence Ac..” Add a spot to sign. Axess Law can help you draft it and advise you on how to get a tax treaty or other forms authenticated for foreign governments. 

Form: Sample Ontario Statutory Declaration Form – PDF link from Canada.ca, Department of National Defense webpage

Form: Tax Treaty Residency Declaration – PDF link

 

 

Can I use my changed name without making a statutory declaration?

You can, depending on why you changed your name. To take a new spouse’s surname or change your name after a divorce, annulment or your spouse’s death, phone the Office of the Registrar General and request an Election to Change form. You can reach the Registrar General at no cost by dialing 1-800-461-2156 or 416-325-8305 in the GTA (416-325-3408 by TTY). You will need a statutory declaration name if you opt to make a formal name change in Ontario. 

Form: Change of Name (statutory declaration name) – PDF link

 

What if I am already using my name without a statutory declaration?

It depends on why you are using a different name. Legal documents such as court affidavits or mortgage obligations may be void or have no legal effect if you use an assumed name. If you recently married, you could include both your last name before you were married and your married name like this: Jane Smith (nee Jane Doe). An Axess Law notary public or notary lawyer can help you decide how to proceed if you have signed obligations such as rental agreements using a name that is not legally yours.  

Form: Change of Name (statutory declaration name) – PDF link

 

Who can witness a statutory declaration?

Your declaration can be witnessed by an Ontario notary public, lawyer, justice of the peace or commissioner of oaths. Axess Law has virtual notaries and remote commissioners who can make a video call with you or you can drop by in person for advice on any aspect of drafting or witnessing a declaration. Licensed professionals, such as dentists, registered nurses or physicians, can also witness statutory declarations. You can take it to a Member of Parliament’s office for their signature or ask a minister licensed to perform marriages to sign it. 

Form: Declaration from a Guarantor (statutory declaration witness) – PDF link

 

Can a statutory declaration be emailed?

E-signatures are widely accepted in Ontario. Phone or email before you forward an electronic copy to ensure the agency or lawyer you are sending it to accepts remotely commissioned statutory declarations. Axess Law Ontario’s virtual notary publics and commissioners of oaths make e-signing statutory declarations (online statutory declaration) like proof of identity forms possible from anywhere in Ontario. We protect your online transaction to ensure your documents are secure and make a lasting record of your video call in case you need it for court.

Form: Vital Stats Surrogate Declaration – PDF link

 

How to fill a statutory declaration form?  

Many statutory declarations are simple forms you fill in. While it can be easy looking, take your time to read the full document. You may be committing yourself to more than you realize. Axess Law Ontario notary lawyers can advise you about the written oath you are making. We ensure you understand the legal effect of a statutory declaration before you sign it. Knowingly making false statements is perjury and can result in a fine or criminal sentence.

Form: http://assets.ibc.ca/Documents/Legal/Claims_Forms/HST/17CLAIMFRM.7.HST_2013.pdf

 

Where do I get a statutory declaration form? 

Axess Law notary publics and commissioners of oaths can provide forms for any of your legal needs. You can get statutory declaration forms online at sites such Canada.ca. The agency requesting a statutory declaration

can usually advise you where to download or get a paper copy. When you’re uncertain if you are using the correct form or no form is available, contact any Axess Law Ontario law office. We’ll make sure you have the right form the first time around. 

 

Form: http://assets.ibc.ca/Documents/Legal/Claims_Forms/HST/02CLAIMFRM.2.HST_2013.pdf

 

Who can sign a statutory declaration form?

You can ask an Ontario notary public, lawyer, commissioner of oaths or justice of the peace to sign a statutory declaration. Other licensed professionals, such as engineers, physicians or accountants, and Members of Parliament or police officers can also sign. Commissioners of oaths specialise in documents for government or business purposes. Notary publics (who can authorise a statutory declaration) can witness, sign and seal statutory declarations of all kinds and can also make court affidavits and certified true copies of photocopies. Axess Law has virtual notary publics and commissioners of oaths who can witness and sign your document online or you can drop by any Ontario Axess Law office for personal service. 

Form: Spouse Declaration Plate Transfer Form – PDF link

 

Can estate trustees witness statutory declarations?

An estate trustee, executor or personal representative can sign a statutory declaration to get records or apply for benefits on behalf of an estate. For example, spouses of First Nations members living on reserves have a right of survivorship to on reserve matrimonial or family homes in Ontario. The estate trustee can file a witness statutory declaration under the Family Homes on Reserves and Matrimonial Interests or Rights Act to preserve your interest in a home you shared with a legally married spouse or as a common law couple. 

Form:  STATUTORY DECLARATION OF EXECUTOR OF A WILL OR ADMINISTRATOR OF AN ESTATE – PDF link