Understanding how to make statutory declarations in Ontario is essential for many legal, personal, and official matters. Whether you’re applying for immigration, replacing lost documents, or affirming a statement for government use, statutory declarations serve as a legally recognized written statement of fact. This guide provides a comprehensive breakdown of the entire process, tailored specifically for Ontario residents.
What Are Statutory Declarations?
Statutory declarations are legally binding written statements that confirm something is true to the best of your knowledge. These declarations are used when a person needs to affirm facts without attending court. They are governed under the Canada Evidence Act and the Ontario Evidence Act.
Unlike affidavits, which require an oath and are used in court proceedings, statutory declarations are affirmations used in many administrative and governmental procedures.
When Are Statutory Declarations Required in Ontario?
Knowing when to use statutory declarations can help avoid legal delays or document rejections. Common situations in Ontario where statutory declarations are required include:
Lost, Damaged, or Stolen Documents
If you lose your Canadian passport, driver’s license, or property deed, a statutory declaration may be required to affirm the loss for replacement purposes.
Immigration and Citizenship Applications
Canadian immigration processes often require statutory declarations to confirm family relationships, marital status, or residency details.
Government Program Applications
Various federal and provincial government departments ask for statutory declarations to verify eligibility for social programs, pension benefits, or housing applications.
Identity or Name Change
If your legal name has changed or you are declaring your preferred gender identity, a statutory declaration might be needed to update your records.
Business and Financial Declarations
For corporate filings, shareholders or officers might be asked to provide statutory declarations confirming compliance or ownership status.
Who Can Administer Statutory Declarations in Ontario?
In Ontario, statutory declarations must be signed in the presence of an authorized individual. These include:
- Notary Public
- Commissioner of Oaths
- Lawyer licensed by the Law Society of Ontario
- Certain government officials (for specific statutory declarations)
It is important that the person administering the declaration is legally authorized under Ontario law. An unauthorized witness makes the declaration invalid.
Step-by-Step Guide to Making Statutory Declarations in Ontario
Here’s how to make statutory declarations correctly and avoid mistakes that could delay your process.
Step 1: Prepare Your Statement of Fact
Write down the facts you wish to declare. Be specific and clear. Avoid vague language or emotional opinions. The declaration must only include facts that you believe to be true.
Example:
“I, John Doe, of Toronto, Ontario, declare that I lost my Ontario Health Card on May 5, 2025, while commuting from work.”
Step 2: Use the Proper Declaration Format
In Ontario, statutory declarations must follow a standard structure. A basic format includes:
- Full legal name and address of the declarant
- A declaration of the facts
- Statement acknowledging the truthfulness under the Canada Evidence Act
- Space for signature and date
- Signature block for the commissioner or notary public
A typical closing line looks like:
“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.”
Step 3: Book an Appointment With a Commissioner or Notary
Find a local notary public or commissioner of oaths. Many legal offices, courthouses, or city hall locations offer this service for a fee. Some offices allow walk-ins, but booking an appointment ensures prompt service.
Be sure to bring:
- Government-issued photo ID
- The completed but unsigned declaration
- Any supporting documents
Step 4: Sign the Declaration in Front of the Official
You must sign the document in the presence of the authorized official. Do not sign it in advance. The official will witness your signature, confirm your identity, and apply their seal or signature to validate the document.
Step 5: Obtain a Copy for Your Records
Always request a certified or notarized copy for your own records. Depending on its use, you might need to submit either the original or a certified copy.
How Much Does a Statutory Declaration Cost in Ontario?
Fees vary depending on who administers the statutory declaration:
- Lawyer or Notary Public: $30–$60 per declaration
- Commissioner of Oaths at a government office: Often free or minimal cost
- Online Notary Platforms: $25–$50 for remote declarations
Some community legal clinics in Ontario may offer this service free for low-income individuals.
Can You Make Statutory Declarations Online in Ontario?
Yes, Ontario allows remote statutory declarations using approved online notary platforms. These platforms comply with provincial laws and provide video conferencing to verify identity.
Make sure the platform is recognized by Ontario’s legal system. Examples include:
- NotaryPro
- eNotary
- TrueNotary
Online declarations are particularly useful for individuals living in remote areas or those with mobility issues.
Tips to Avoid Rejection of Your Statutory Declaration
To ensure your statutory declaration is accepted:
- Use the correct legal format
- Avoid errors, typos, or vague wording
- Always sign in front of an authorized person
- Ensure the declaration is dated correctly
- Attach all required supporting documents
If you’re unsure, consult a legal professional before submission.
Frequently Asked Questions About Statutory Declarations
Are statutory declarations the same across all provinces in Canada?
No. Each province has its own rules. While the format is similar, Ontario’s requirements must be followed when making a statutory declaration in the province.
Can I use a statutory declaration outside of Canada?
Yes, but it must be signed before a Canadian consulate or embassy official abroad or legalized for international use depending on the country.
What happens if I lie in a statutory declaration?
Knowingly making a false statutory declaration is a criminal offence under the Criminal Code of Canada and can result in fines or imprisonment.
Final Thoughts on Making Statutory Declarations in Ontario
Understanding how to make statutory declarations in Ontario empowers individuals to handle legal, governmental, and personal matters with confidence. Whether you’re replacing lost identification, affirming a personal fact, or applying for an immigration process, following the correct steps ensures your declaration is valid and respected under Ontario law.
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