Knowledge Center

A: In Canada, both statutory declarations and affidavits are legal documents used to declare facts or information to be true. However, there are some key differences between the two:

Purpose: A statutory declaration is used to declare a fact or information to be true for administrative or regulatory purposes, such as when applying for professional accreditation or licensing. An affidavit, on the other hand, is used as evidence in a court proceeding.

Form: A statutory declaration is a written statement that is signed and witnessed by a commissioner for taking oaths or a notary public. An affidavit, on the other hand, is a written statement that is signed and sworn before a commissioner for taking oaths or a notary public.

Penalty for false statements: Making a false statement in a statutory declaration can result in criminal charges for perjury. Making a false statement in an affidavit can result in criminal charges for perjury, as well as potential consequences in the court proceeding in which the affidavit is presented as evidence.

Content: Statutory declarations typically include information about the declarant's identity and the facts or information being declared as true. Affidavits typically include information about the identity of the deponent, the facts being sworn to, and the circumstances under which the facts were observed or known.

Overall, the main difference between a statutory declaration and an affidavit in Canada is their purpose and the consequences for making false statements. It is important to ensure that you use the correct document for your specific needs and that you provide accurate and truthful information in either document. 

A:   Below are some examples:

Declaration of Common-Law Union: This is a document that a couple can use to declare that they are in a common-law relationship. It is often required when applying for spousal sponsorship for immigration purposes.

Declaration of Income and Expenses: This is a document that a person can use to declare their income and expenses for a specific period of time. It is often required when applying for a loan or mortgage.

Declaration of Name Change: This is a document that a person can use to declare that they have legally changed their name. It is often required when updating identification documents such as a driver's license or passport.

Declaration of Lost or Stolen Passport: This is a document that a person can use to declare that their passport has been lost or stolen. It is often required when applying for a new passport.

Declaration of Vehicle Transfer: This is a document that a person can use to declare that they have sold or transferred ownership of a vehicle. It is often required when registering the vehicle in the new owner's name.

These are just a few examples of the many types of statutory declarations that exist. The specific requirements and format of a statutory declaration can vary depending on the purpose of the document and the jurisdiction in which it is being used. It is important to ensure that you follow the appropriate guidelines and provide accurate and truthful information in your statutory declaration.

To write a statutory declaration, you should follow these general steps:

1. Begin by clearly identifying the document as a statutory declaration. Include the date and your full legal name and address.

2. Clearly state the purpose of the statutory declaration, including any relevant legislation or regulation that applies.

3. Write a statement that sets out the facts or information that you are declaring to be true. "I do  solemnly and sincerely declare". Be concise and specific, and avoid using vague or general language. If possible, provide supporting evidence or documentation to support your declaration.

4. Include a declaration that you make under oath or affirmation that the information you have provided is true to the best of your knowledge and belief. Example: "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 Act.” If you are making the declaration under oath, you will need to swear an oath to tell the truth. If you are making the declaration under affirmation, you will need to affirm that the information is true.

5. Include a signature line for you to sign and date the document. The statutory declaration must be signed and witnessed by a commissioner for taking oaths or a notary public.

6. Have the statutory declaration sworn or affirmed before a commissioner for taking oaths or a notary public. They will ask you to swear or affirm that the information you have provided is true to the best of your knowledge and belief. Once you have made the declaration, the document will be signed and sealed by the commissioner or notary public.

7. Make copies of the completed and signed statutory declaration for your records and any parties that require it.