Statutory Declarations vs Affidavits in Canada

Understanding legal documents is essential for Canadians who need to prove facts or statements in official capacities. Among the most commonly confused legal documents are statutory declarations and affidavits. While they may appear similar at first glance, they serve different purposes and are governed by different rules.

This article offers a detailed comparison of statutory declarations vs affidavits in Canada, helping you understand what they are, when to use them, and how to ensure they are legally valid.

What Are Statutory Declarations in Canada?

A statutory declaration is a formal statement made in writing and declared to be true in the presence of an authorized person. It is used to affirm facts when there is no legal document available to prove those facts.

When Are Statutory Declarations Needed?

Statutory declarations are widely used across Canada for a variety of purposes. Some of the most common include:

• Verifying identity or residency
  
  

• Declaring a lost or stolen passport or ID
  
  

• Confirming marital status for immigration
  
  

• Stating facts for legal, employment, or insurance purposes
  
  

Unlike court affidavits, statutory declarations are often used outside courtroom settings for administrative and governmental processes.

What Is an Affidavit?

An affidavit is a sworn statement of fact that is signed and witnessed by a commissioner of oaths or notary public. It carries more legal weight and is generally used in judicial or quasi-judicial proceedings.

Key Uses of Affidavits in Canada

Affidavits are typically used in:

• Court proceedings
  
  

• Family law matters (e.g., divorce, custody)
  
  

• Estate applications (e.g., probate)
  
  

• Debt settlements or financial disclosures
  
  

• Civil lawsuits
  
  

Affidavits must be sworn under oath, meaning the person signing promises that the contents are true to the best of their knowledge, under penalty of perjury.

Key Differences Between Statutory Declarations and Affidavits

To truly understand statutory declarations vs affidavits in Canada, it's essential to examine their differences in structure, use, and legal standing.

Legal Weight and Purpose

• Affidavits are typically used in legal proceedings and carry greater evidentiary value.
  
  

• Statutory declarations are used more often in administrative or non-court matters.
  
  

Oath vs Declaration

• Affidavits are sworn under oath, implying religious or legal commitment.
  
  

• Statutory declarations are solemnly declared, which doesn’t necessarily involve a religious oath.
  
  

Who Can Administer Them?

• Both must be signed in the presence of a commissioner of oaths, notary public, or lawyer.
  
  

• In some provinces, such as Ontario or British Columbia, government agents can also administer statutory declarations.
  
  

Language Used

• Affidavits often include legalistic language such as "I make this affidavit in support of..."
  
  

• Statutory declarations use phrasing like “I solemnly declare that…”
  
  

Template Differences

A statutory declaration usually includes:

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I, [Name], of [City], in the Province of [Province], solemnly declare that...

An affidavit may begin with:

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I, [Name], of [City], in the Province of [Province], MAKE OATH AND SAY THAT...

Understanding the formatting is crucial, especially when submitting documents to government bodies or courts.

Legal Validity Across Provinces

Each Canadian province and territory has slightly different laws regarding statutory declarations and affidavits.

Ontario

• Both documents are accepted across legal and administrative settings.
  
  

• Paralegals and commissioners of oaths are widely available to witness them.
  
  

British Columbia

• Electronic statutory declarations are permitted under certain conditions.
  
  

• Notarization can be done virtually with approved platforms.
  
  

Alberta

• Lawyers and commissioners of oaths are required for affidavits.
  
  

• Statutory declarations may be used for land title registrations or corporate filings.
  
  

Make sure to verify the legal requirements in your province before proceeding.

Digital vs Paper Formats

With the growing acceptance of digital documentation, many government departments now allow statutory declarations and affidavits to be submitted electronically. However, requirements still vary:

• Digital signatures may not be accepted in all courts for affidavits.
  
  

• For statutory declarations, some institutions may accept scanned or PDF copies.
  
  

It is always recommended to consult the agency or court where the document is being submitted.

Which One Should You Use?

Choosing between a statutory declaration and an affidavit depends on the purpose and setting:

• Use a statutory declaration when you are providing facts for government departments, non-profits, or employers.
  
  

• Use an affidavit when involved in legal proceedings, or when instructed by a court.
  
  

For example, to prove common-law status to Immigration, Refugees and Citizenship Canada (IRCC), a statutory declaration may be required. On the other hand, filing an affidavit might be necessary during a divorce proceeding or financial disclosure case.

Costs and Where to Get Them Signed

Cost of Preparing Statutory Declarations

• Typically ranges from $20 to $50.
  
  

• Many government service centres offer free statutory declaration witnessing.
  
  

Cost of Affidavits

• Legal firms may charge $30 to $100 depending on complexity.
  
  

• You may require assistance from a lawyer, especially for court affidavits.
  
  

Where to Sign

• Notary Publics
  
  

• Commissioners of Oaths
  
  

• Lawyers
  
  

• Government Service Offices
  
  

Some provinces allow remote witnessing via video call under strict conditions.

Common Mistakes to Avoid

When preparing or submitting statutory declarations or affidavits in Canada, avoid the following:

• Using the wrong format for your purpose
  
  

• Not signing in front of an authorized official
  
  

• Leaving out required personal details
  
  

• Submitting to the wrong agency
  
  

• Assuming digital signatures are always accepted
  
  

If unsure, consult a legal professional or government official to confirm requirements.

Final Thoughts on Choosing the Right Document

Understanding the difference between statutory declarations vs affidavits in Canada can help you avoid delays, rejections, or legal complications. These documents, while similar in appearance, serve distinct roles and are governed by separate rules depending on the province, the purpose, and the institution involved.

Whether you're dealing with an immigration case, a family law matter, or a simple verification request, knowing which document to use — and how to properly prepare it — is key to ensuring your facts are accepted and your case progresses smoothly.

For most everyday administrative needs, statutory declarations are the go-to option. However, when it comes to court or legal enforcement, affidavits are the stronger, legally binding choice. Always double-check with the receiving party or consult a legal professional when in doubt.