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Statutory Declarations

A statutory declaration is a written summary of facts which the declarant solemnly states to be true before signing the documented summary. A statutory declaration is not sworn; rather it is affirmed to be true and must be witnessed by a justice of the peace, attorney, barrister, solicitor, notary public or some other designated official
Where an oath is being administered by a notary public or a commissioner of oaths, the deponent is required to confirm the following: “Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?”

If this type of oath is not preferred, deponents may instead affirm by responding ‘yes’ to: “Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?”

Where a statutory declaration is required instead, the deponent must declare in the positive to: “Do you 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?”

In every case, the deponent must be physically present before the notary public or commissioner of oaths and must prove his or her identity to the Commissioner. In all Canadian jurisdictions it is an offence to swear, affirm or declare a false affidavit or statutory declaration.

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