Question 1

What is a statutory declaration in Canada?

Accepted Answer

A statutory declaration is a written statement of facts declared to be true under the Canada Evidence Act (s.41-42), made before a commissioner for oaths, notary public, or justice of the peace.

Question 2

What happens if a statutory declaration is false?

Accepted Answer

Making a false statutory declaration constitutes perjury under the Criminal Code of Canada (s.131-134) and is punishable by up to 14 years imprisonment.

Question 3

Who can witness a statutory declaration?

Accepted Answer

A commissioner for taking oaths (most common and least expensive), a notary public, a justice of the peace, or a lawyer/barrister and solicitor. In Quebec, it must be before a notary.

Frequently Asked Questions