Canada Statutory Declaration Template

What a Canada statutory declaration is for

When a government department, insurer, bank, school or employer needs you to confirm facts that you cannot prove with an ordinary document, it often asks for a statutory declaration. It is a written statement that you solemnly declare to be true before a person authorized to administer oaths, and under section 41 of the Canada Evidence Act it has the same force and effect as a statement under oath. People use one to confirm their address, explain a lost document, link two versions of a name, confirm a relationship, or support an insurance claim.

This template follows the exact form set out in section 41. It has the formal heading, a space to describe the purpose, numbered paragraphs for each fact with guidance on stating how you know each one, a paragraph for exhibits and purpose, the statutory declaration wording, and a jurat for the commissioner, with optional wording for remote commissioning where your province allows it. An exhibit stamp, a pre-meeting checklist, a guide to who can take a declaration, a note on federal and provincial forms, and a table of common uses complete it.

When to use it

Use it when an organization asks for a statutory declaration and does not supply its own form: proof of residence, explanations of lost or destroyed documents, confirmation that names refer to the same person, confirmation of facts for banks, schools and insurers, and many estate and property matters. Fill in the facts in advance and sign in front of the commissioner.

When an organization provides its own form, such as IRCC's Statutory Declaration of Common-law Union or a passport lost-document declaration, use that form. For court proceedings, you usually need an affidavit in the court's prescribed form instead.

What's inside

The full list of sections and fields in this template, in the order they appear.

1. Heading

   • Canada
   • Province or territory
   • In the matter of
   • To wit

2. Declaration

   • Declarant's name
   • place and occupation
   • Numbered facts
   • Source of information
   • Exhibits
   • Purpose
   • Statutory wording

3. Jurat

   • Place and date
   • Remote commissioning wording
   • Declarant's signature
   • Commissioner's signature
   • name and stamp

4. Exhibits and guidance

   • Exhibit stamp
   • Eight-point checklist
   • Who can take a declaration
   • Federal and provincial forms
   • Common uses

Preview pages

How to complete the declaration

1. Fill in the heading. Enter the province or territory and the purpose after "In the matter of".
2. Identify yourself. Give your full legal name, municipality, province and occupation.
3. State one fact per paragraph. Write in the first person, in order, with exact dates, names and addresses.
4. Say how you know each fact. Distinguish what you saw or did from what someone told you.
5. Attach exhibits. Refer to each document by letter and attach a true copy.
6. State the purpose. Explain what the declaration is for.
7. Leave it unsigned. Bring it, the exhibits and photo identification to the commissioner.
8. Declare and sign. Sign in front of the commissioner, who completes the jurat and marks the exhibits.
9. Keep a copy. Send the original where required and keep a copy for your records.

Example: a completed declaration excerpt

A fictional Halifax resident needs to prove their address to a school board:

In the matter of: proof of residence for the school enrolment of Maya R. Clarke. 1. I have lived at 22 Morris Street, Halifax, Nova Scotia, continuously since June 1, 2019. 2. My daughter, Maya R. Clarke, has lived with me at that address since June 1, 2019. 3. Attached as Exhibit A is a true copy of my lease for that address dated June 1, 2019. 4. I make this declaration to support Maya's enrolment at Inglis Street Elementary School, and for no improper purpose.

The parent declares it before a commissioner at a provincial service office, who signs the jurat and stamps Exhibit A.

Canadian rules to know

These are the rules this declaration is built around.

• Canada Evidence Act, section 41. The persons who may receive a solemn declaration, and the prescribed wording: "conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath."
• Canada Evidence Act, section 42. Declarations required by insurers about losses may be taken before any commissioner or justice of the peace.
• Criminal Code, sections 131 and 134. Knowingly false statements in a solemn declaration are offences.
• Provincial evidence and commissioners legislation. Provinces set who can commission declarations for provincial matters and whether remote commissioning is allowed.

Mistakes that get declarations rejected

The common problems are signing before meeting the commissioner, combining several facts in one long paragraph, vague dates and addresses, stating what someone else told you as if you saw it, exhibits that are not stamped or referred to, a missing purpose, using a general form when the organization requires its own, and a commissioner signature without a name, stamp or commission details. Following the structure and the checklist avoids each of them.