What Is A Statutory Declaration And When Is It Used?
A statutory declaration is a legally binding document that makes matters known formally and publicly. The person making the declaration is called the declarant. The document contains facts the declarant solemnly states to be true before signing it. Statutory declarations are solemn statements made by a plaintiff or a witness. The statutory document is declared to be true rather than it being sworn to be true. It also has to be witnessed by a designated official such as a notary public, justice of the peace, attorney, barrister, or solicitor.
The deponent must be physically present before the notary public, or commissioner of oaths and the individual must also present proof of their identity. In all Canadian jurisdictions, it is an offence to provide a false statutory declaration.
What Does A Statutory Declaration Look Like?
Statutory declarations are usually sworn in this format:
“I, [name], solemnly declare that [state the facts declared to], and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.”
The declarant must answer this question: “Do you 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?”
Why Would You Need A Statutory Declaration?
A statutory declaration is a document that contains statements that an individual declares to be true. This means that the document can be used as evidence.
A statutory declaration can be used for various reasons, including confirming personal details, financial matters, health matters and evidence for sick leave.
How To Prepare A Statutory Declaration
Individuals can either draft their own statutory declaration or download a pre-written form found online. When drafting a statutory declaration, individuals must follow the requirements set out under the Act. Our notary service can help you with preparing your statutory declaration.