A statutory declaration is a summary of fasts that are written down in a document which the applicant has affirmed to be true to the best of his/her knowledge before signing the document. To be considered valid, Statutory declarations must be either sworn or affirmed to be true in the presence of a justice of the peace, lawyer, or a notary public.
Many people often wonder what the difference is between affidavits and statutory declarations. The two documents are very similar, however, the difference between them is that affidavits are often used for purposes beyond court proceedings. For example, an affidavit can be used to very residency.
While they differ, affidavits and statutory declarations are both considered equal when it comes to their usefulness and merit.
Statutory declarations are commonly used to confirm identity, confirm that a document has either been lost or stolen, or used in matters concerning ownership of property.
At GK Notary, our notaries are qualified to provide professional notary services in Ontario. We have a track record of integrity and professionalism that has made us one of the preferred notaries in Toronto.
Common law declaration
What is a Statutory Declaration of Common-Law Union?
Common law in Ontario is defined as the cohabitation of two people involved on a conjugal relationship for at least one year. There are times when a couple in a common law relationship must swear what is referred to as a Statutory Declaration of Common-law Union to prove that the relationship qualifies for whatever services they are hoping to receive from the government or other organization.
One common requirement when filling out a Statutory Declaration of Common-law Union form is that the ink used be black. When signing this document, both partners need to be present. It’s a fairly quick process that is typically completed within five minutes.
There is a sample Statutory Declaration of Common-law Union form that you can download and fill in.
Once this document has been filled in, it must then be sworn before a commissioner of oaths. In Ontario, notaries are authorized to administer the searing of oaths.
A Statutory Declaration of Common-law Union is often used in cases where one common law partner is sponsoring the other partner in Immigration Spousal Sponsorship applications. The statutory declaration is used to prove the relationship and is a straightforward document containing just one page.
On the form, you will need to indicate the duration of your relationship and provide additional details. Some of the information required on your statutory declaration will depend on your particular situation and what you are using the document for. However, in general, you will need to include your name, address, social insurance number and how long you have been in a common law union.
You will also be asked to include details (if applicable) on a joint mortgage or purchase agreements that you share. This can be either RSPs, jointly owned credit cards, life insurance policies in which the other common law partner is listed as the beneficiary, joint bank accounts or any children you may have together.
How is a Statutory Declaration Commissioned?
When it comes to administering an oath for statutory declaration, a commissioned officer or notary public is authorized under provincial law to administer statutory declarations. Swearing the oath must be done in the presence of a commissioner of oaths such as a notary public.
In order for the statutory declaration to be valid, the notary lawyer needs to be satisfied that the applicant is who they claim to be by verifying the identification of the applicant. The officer must also ensure that the applicant has read the statutory declaration and has a full understanding of the contents of the document to which they are affirming as true. The applicant will need to sign the statutory declaration at the appropriate place on the document and initial any alterations.
Then the commission officer must administer the oath by asking the applicant to solemnly swear that the facts contained within the statutory declaration are true to the best of his or her knowledge, and witness the applicant sign the document.
GK Notary full professional notary services
Our team at GK Notary has the experience to provide full professional notary public services in Toronto that includes statutory declaration and much more. We are knowledgeable on the various process and requirements established by the province of Ontario when it comes to notary services and we can help you prepare the appropriate documents for your needs.
Our notary lawyers are friendly and will be happy to take the time to answer any questions you may have about our services. Our goal is to make the process as simple as possible. Call GK Notary today to learn more about how we can help you!