Statutory Declarations in Ontario: When You Need One and How the Process Works

A statutory declaration is one of those legal documents that sounds formal and unfamiliar — until you suddenly need one. At that point, people typically discover that they need it quickly, they are not sure who can help them prepare it, and they are uncertain what it actually does. This article demystifies the statutory declaration and explains when it is required, what it contains, and how to get it properly done.

What Is a Statutory Declaration?

A statutory declaration is a formal written statement of fact, solemnly declared under Ontario’s Evidence Act or Canada Evidence Act. The person making the declaration — called the declarant — swears or affirms that the contents are true, in the presence of a commissioner of oaths or a notary public, who administers the declaration and witnesses the signature.

Unlike an affidavit, which is a sworn statement typically prepared for use in court proceedings, a statutory declaration is more commonly used outside the court context — for government applications, administrative purposes, insurance matters, and real estate transactions. That said, the legal solemnity is the same: making a false statutory declaration can constitute perjury under the Criminal Code.

When Are Statutory Declarations Required?

The contexts in which statutory declarations are required are broader than most people expect:

Real Estate Transactions

Statutory declarations are frequently required in real estate closings. A vendor may be asked to provide a statutory declaration confirming that they are not a non-resident of Canada under the Income Tax Act (relevant to HST withholding obligations). A builder may provide a statutory declaration confirming completion of certain work. Parties may declare facts about possession, identity of chattels, or the status of existing tenancies.

In private mortgage transactions, both borrowers and lenders sometimes provide statutory declarations confirming their understanding of the transaction or their legal capacity to contract.

Name Change and Identity Declarations

When a person’s legal name on one document differs from their name on another — a common occurrence with marriage, divorce, immigration, or simple clerical variation — a statutory declaration can be used to declare that both names refer to the same individual. Government agencies, financial institutions, and pension administrators frequently accept this type of declaration.

Insurance Claims

Many insurance companies require a statutory declaration in support of property claims — confirming the identity and value of lost or damaged items, or the circumstances of a loss. Making a false declaration in this context is both a civil matter (potentially voiding the claim) and a criminal one.

Government and Administrative Purposes

Federal and provincial government agencies routinely require statutory declarations for benefit applications, licensing matters, status confirmations, and other administrative processes. Citizenship applications, pension benefit claims, and professional licensing applications may all require statutory declarations.

Corporate Matters

Directors and officers of Ontario corporations sometimes provide statutory declarations confirming compliance with corporate law requirements, the identity of shareholders, or other corporate facts. These declarations form part of the corporate record and may be relied upon by regulators.

What a Statutory Declaration Contains

A properly prepared statutory declaration includes:

• The full legal name of the declarant
• The declarant’s address or relevant identifying information
• A numbered series of factual statements — the substance of the declaration
• A jurat — the formal clause at the end stating when and before whom the declaration was made
• The declarant’s signature
• The commissioner’s or notary’s signature, seal, and commission expiry date

The language used in a statutory declaration is formal and precise. Each factual statement should be a distinct numbered paragraph covering a single fact. Ambiguous or conflicting statements in a statutory declaration can undermine its legal utility.

Who Can Administer a Statutory Declaration?

In Ontario, statutory declarations can be administered by:

• A commissioner of oaths (for declarations used within Ontario)
• A notary public (for declarations used within or outside Ontario)
• A justice of the peace
• A federal commissioner for oaths (for federal matters)

For declarations that will be used outside Ontario — particularly internationally — a notary public’s administration is generally required. If the declaration must be apostilled or authenticated for foreign use, it must be prepared and administered by an Ontario notary.

The Difference Between Knowing and Believing

A common issue in statutory declarations is the difference between statements of fact based on direct personal knowledge and statements based on information and belief. Direct knowledge statements are straightforward — you saw it, you did it, you signed it. Information and belief statements must be qualified: ‘I am informed by X and verily believe it to be true.’

Including belief-based statements without proper qualification — or treating something you were told as if you have personal knowledge of it — can expose the declarant to legal consequences if the information is incorrect.

Final Thoughts

A statutory declaration is a serious legal document that carries legal weight precisely because it is made under oath or affirmation. Preparing one carelessly — or making one without understanding what you are declaring — creates real risk. Working with a lawyer or experienced commissioner of oaths ensures your declaration is properly structured, accurately reflects what you know, and will be accepted by whoever receives it.

Ready to Get Legal Advice You Can Trust?

Goldstone Law Professional Corporation serves clients across Mississauga, Brampton, Oakville, and the greater GTA in real estate, corporate, estate, and mortgage law. Whether you are buying your first home, structuring a business deal, or planning your estate, our team provides the clear, practical legal guidance you need.

Visit goldstonelawpc.com or call us at 905-595-9917. We are located at 201-186 Robert Speck Parkway, Mississauga, ON L4Z 3G1.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Ontario lawyer.