Statutory Declarations vs. Affidavits in Canada: What You Need to Know

“Statutory declarations” and “affidavits” are terms that often seem interchangeable.

However, while both are sworn statements, they serve different purposes and are used in specific legal contexts.

In this guide, I’ll break down what they are and which one you’ll need depending on the situation.

If you’re uncertain which document is right for your situation, we will help guide you through the process. Call us at (604) 731-8118 today.

What Are Statutory Declarations?

A statutory declaration is a formal statement, similar to an oath, where the declarant (person making the declaration) affirms the truth of the content within the document. 

Unlike an affidavit, a statutory declaration is declared before a notary public or commissioner of oaths, making it a valid and binding statement.

When Are Statutory Declarations Used?

Statutory declarations are typically used in situations where a statement of truth is needed, but it doesn’t necessarily need to go before a court. For instance, statutory declarations might be requested when:

• Proving Residency or Marital Status: Many government applications, like immigration forms, require a statutory declaration to confirm personal details.
• Completing Professional Applications: In fields like healthcare or education, regulatory bodies may require a statutory declaration for verifying credentials or personal history.
• Verifying Identity for Financial Institutions: Some banks or financial institutions request statutory declarations to confirm a client’s identity or address.

Relevant Legislation and Legal Context

In Canada, statutory declarations are governed by the Canada Evidence Act and reinforced by provincial laws such as British Columbia’s Evidence Act (R.S.B.C. 1996, c. 124). These statutes outline the requirements for making a statutory declaration and specify who can act as a witness.

What Are Affidavits?

An affidavit is a sworn statement made under oath or affirmation, typically used as evidence in court or in legal matters where the highest level of accuracy and truthfulness is required. When someone signs an affidavit, they swear to the truthfulness of their statement, understanding that false information could lead to charges of perjury.

Common Uses of Affidavits

Affidavits are are commonly used in scenarios that may end up in court or require serious documentation:

• Legal Proceedings: Affidavits are widely used in civil and criminal cases, such as custody disputes, divorce proceedings, or contract disputes, to present verified statements of fact.
• Financial Transactions: In estate planning, affidavits may be required to confirm the validity of wills or statements of financial status.
• Witness Statements: When witnesses cannot attend court, an affidavit can serve as a record of their statement, ensuring it is admissible in legal proceedings.

Legal Requirements and Authority

The requirements for affidavits are set forth in the Canada Evidence Act, which stipulates that an affidavit must be declared before a notary public, commissioner for oaths, or other authorized official.

How to Obtain a Statutory Declaration or Affidavit in Canada

Obtaining a Statutory Declaration

The process for obtaining a statutory declaration is straightforward but must be done with precision. Here’s what to expect:

1. Gather Required Information: Ensure all information you’ll include is accurate and complete.
2. Visit our Notary Office: We will witness the declaration.
3. Sign in the Notary’s Presence: The notary will verify your identity, witness your signature, and complete the document.

Steps for Obtaining an Affidavit

The steps for an affidavit are similar but include an added level of formality due to the sworn nature of the statement:

1. Prepare Your Statement Carefully: Ensure that your statement is clear, truthful, and relevant.
2. Swear the Statement Under Oath: A notary will administer an oath or affirmation to make your statement legally binding.
3. Sign in the Notary’s Presence: The notary will witness your oath and finalize the affidavit.

Why Work with Leonard Cohen Notary?

Just as in any legal relationship, choosing a notary is about finding someone whose professionalism, accuracy, and integrity you can rely on.

Leonard M. Cohen – Lawyer and Notary Public is built on decades of trusted service—a reputation we’ve earned by consistently delivering precise, legally sound documents for our clients.

Our work is driven by the same principles you expect from any legal professional: meticulous attention to detail, a commitment to accuracy, and above all, a foundation of trust. Clients return to us time and again because they know they can rely on our experience, and they trust that every document is handled with the utmost care.

We’re Here to Help!

Don’t let legal paperwork overwhelm you—reach out to us today at (604) 731-8118 and get your documents done right the first time.

Disclaimer: The material on this website is for general information only. It is not, nor is it to be relied on, as legal advice or advice about what you might require. Every person’s situation is individual and unique. Determining what is appropriate about any situation can only be given upon a full review of all relevant information. Contact our office to review your circumstances.