Statutory Declarations and Affidavits

Statutory Declarations and Affidavits

Statutory Declarations and Affidavits

Statutory Declarations and Affidavits: Legislative Authority

Under Section 69 of the Act, statutory declarations are authorized by the Canada Evidence Act or Section 5.3 of the Ontario Evidence Act. They serve to assert the truth of any fact (s), or of any account rendered in writing. Making a false statutory declaration is an offence, and such declarations hold the same weight as if made under oath, serving as valuable evidence.

Completing Statutory Declarations

Designated staff may write out the declaration or use a preprinted form and fill in blank sections, which the applicant and recipient sign. The information in the declaration should only be what the applicant communicates, without inferences or assumptions. The completed declaration can be read to or by the applicant or recipient, who must confirm its accuracy and completeness before signing in the presence of designated staff or receiver.  Verification of the signature’s authenticity is necessary, and the applicant’s usual signature is preferred.

When an Eligibility Review Officer completes a statutory declaration, they must inform the applicant or recipient of the potential consequences under the Criminal Code of Canada, section 380 (1), regarding false declarations.

Common Declarations and Their Purposes

1. Declaration of Identity: A document affirming one’s identity, often required for various legal or administrative purposes.

2. Declaration of Domicile: A document declaring one’s permanent residence or domicile, typically used for tax or legal purposes.

3. Declaration of Compliance: A statement confirming that certain requirements or regulations have been met, commonly used in regulatory or licensing processes.

4. Declaration of Intent: A statement expressing one’s intention or purpose, often required for certain legal transactions or applications.

5. Statutory Declaration of Marital Status: A declaration affirming one’s current marital status, used in various legal or administrative contexts.

These documents serve different purposes and may be required in various legal, administrative, or regulatory situations. It’s important to understand the specific requirements and implications of each type of declaration or statutory document when using them.


An affidavit is equivalent to giving oral evidence under oath and is made by the “deponent.” If the deponent chooses to swear an oath, they are asked, “Do you solemnly swear that this is your true affidavit so help you God?” An affirmation is used if the deponent cannot or will not swear an oath. The designated staff administering the oath need not verify the truth of the facts asserted, other than in administering the oath, but the Administrator must verify all information regarding assistance.

Hearsay evidence is allowed in affidavits as long as the source of the information is identified, and the deponent believes the evidence is true.

Alternative Terms for Affidavits

learn what is Statutory Declarations

1. Sworn Statement: A formal declaration made under oath, typically written and signed by the person making the statement, affirming the truthfulness of the information provided.

2. Sworn Declaration: A written statement made under oath, attesting to the accuracy and truthfulness of the facts presented.

3. Notarized Statement: A document signed in the presence of a notary public, who verifies the identity of the signer and administers an oath or affirmation regarding the truthfulness of the statement.

4. Testimony: A formal declaration or affirmation made by a witness under oath, typically given in a legal proceeding or as part of an official investigation.

5. Jurat: A certificate attached to a document, signed and sealed by a notary public or other authorized official, indicating that the document was sworn or affirmed before them.

6. Affirmation: A solemn declaration made by a person who declines to take an oath due to religious or personal beliefs, affirming the truthfulness of the statement.

7. Deposition: A formal statement or testimony given under oath, typically recorded and transcribed for later use in a legal proceeding.

8. Attestation: A formal declaration or verification of the truthfulness of a statement, often made under oath or affirmed before a notary public or other authorized official.

9. Certification: A formal process by which a document is verified and authenticated as genuine, typically involving a sworn statement or affirmation by the person certifying the document.

10. Verification: Confirmation or validation of the accuracy or truthfulness of a statement, often provided in the form of an affidavit or declaration.

Overall, understanding the nuances of statutory declarations and affidavits is essential for navigating legal and administrative processes effectively, ensuring compliance with regulatory requirements, and upholding the integrity of the judicial system.

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