A solemn declaration of facts in the form set out in section 41 of the Canada Evidence Act, for federal purposes. The declarant signs in front of a commissioner for oaths, notary public or other person authorized to take it, who completes the declaration block.
The whole document, exactly as it prints. Type your answers and they appear in the document as you go. When it reads right, print it or save it as a PDF. Then sign it the way the signing rules below describe.
Statutory Declaration (Canada)
Statutory Declaration
A solemn declaration in the form set out in section 41 of the Canada Evidence Act, for federal purposes, made before a commissioner for oaths, notary public or other person authorized to take it. Template v1.0.
In the matter of: In the matter of
Declared in (province or territory): Province or territory where declared
I, Declarant
of (address):
Declarant's address
solemnly declare that:
Facts declared
And 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.
DeclarantSignatureNameDate
Declared before an authorised person
Declared by the person who signed above, at the place and on the date written below, before me.
PlaceDateSignature of the authorised personName and capacity (for example solicitor, commissioner, notary)
Seal or stamp, where the authorised person uses one.
BEFORE YOU START
What you will be asked
Have these details ready. The template needs them before anyone signs.
What is your full name?
What is your home address, with the postal code?
In which province or territory will you make the declaration?
In a few words, what is the declaration about?
What facts do you want to declare? Give them one at a time and each becomes a numbered paragraph.
THE PEOPLE
Who signs
Everyone the template names, and what each one does.
DeclarantSigns
Commissioner for oaths or notaryNotary
SIGNING RULES
How it is signed in Canada
The rules for a statutory declaration depend on where it is signed. Laws change, so check the sources before anyone signs.
Canada
Print and sign in ink
Print it and sign it in ink. A notary or other authorised officer must take the signature.
Steps
Print the declaration and do not sign it yet.
Make it before a commissioner, notary or lawyer.
They sign the declared before section.
What the law asks for
E-signature
Only in some casesA solemn declaration is made before a commissioner for oaths or a notary. Some provinces allow it by video.
Witnesses
None
Notary
RequiredA commissioner for oaths, a notary or a lawyer receives it.
Remote signing
Video witnessing allowedOntario allows it by video (O. Reg. 431/20).
Can the statutory declaration be signed electronically in Canada?
Only in some cases in Canada. A solemn declaration is made before a commissioner for oaths or a notary. Some provinces allow it by video.
How many witnesses does the statutory declaration need in Canada?
None. No witness is needed in Canada.
Does the statutory declaration need a notary in Canada?
Yes. A notary or other authorised officer must take the signature. A commissioner for oaths, a notary or a lawyer receives it.
Does the statutory declaration need to be registered in Canada?
No. It is not registered.
Is stamp duty due on the statutory declaration in Canada?
No stamp duty is due.
Can the statutory declaration be signed or witnessed remotely in Canada?
Yes. Video witnessing is allowed. Ontario allows it by video (O. Reg. 431/20).
THE RIGHT TEMPLATE
Where it fits
For a solemn declaration used for a federal purpose, made in any province or territory. A provincial matter may need the form in the province's own Evidence Act, and an office that publishes its own declaration form expects that form.
A CAREFUL CHECK
Before you rely on it
Original Centilio wording, not legal advice. Uses the form of solemn declaration in section 41 of the Canada Evidence Act, which a judge, notary public, justice of the peace, commissioner for taking affidavits or other person authorized to administer oaths may receive. It suits federal purposes. A provincial matter may need the form in the province's own Evidence Act, and Quebec practice differs, so check what the receiving office accepts. Each province decides who is a commissioner (lawyers usually are) and whether a declaration may be taken by video. A false declaration is an offence under the Criminal Code. It does not attach exhibits, which the commissioner marks and signs. Ask a lawyer when it supports a claim, an estate or a court matter.
