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Statutory Declarations and Affidavits

What is a Statutory Declaration?

Statutory Declaration, like an affidavit is a written statement of facts. The statement is prepared and then verified by a declaration made by the person concerned. The form of the statement is stated clearly in the Canada Evidence Act and also the British Columbia Act. It states-

“I (name of the person concerned), solemnly declare that (clear mention of the facts to the declared). 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.”

Conditions for Taking Statutory Declaration of Identity or an Affidavit in Canada

  1. Clear identity of the person making the statement

While appearing in front of the notary, for administering an oath declaration of identity the person concerned has to be in clear visibility. He also needed to carry valid and authorized papers of identification mainly issued by the government, carrying all vital information of the person such as his name, present address, recent photograph, signature etc. His or her face is to be completely uncovered.

  1. Awareness of the person making the statement

The Notary needs also to be satisfied about the mental capability of the person making the statement. He/she should have a clear understanding of the contents of the declaration and be fully aware of the reason behind making the declaration or the affidavit. The Notary may also ask the declarant to give a brief summary of the declaration or the reason behind its preparation or the significance of the document and the legal procedure that is to follow. If the Notary is not satisfied about the understanding of the declarant, or finds that the declarant is not aware of the process that is to follow, or if the declarant is not acting in his free will, he may not statute the declaration.

If there is any language barrier, the Notary may appoint an interpreter to understand the affidavit or the statutory declaration of identity and also the declarant’s views.

  1. Administration of Oath

After the Notary is fully satisfied with the awareness of the declarant regarding the affidavit or the statutory declaration of identification and that is complies with all the necessary information, he will then ask the declarant to swear an oath to verify that it is completely true. The Criminal Code of Canada penalises any affidavit or a statutory declaration in Canada when it is not declared or sworn.

The rest of the procedures for completing a statutory declaration of identification or an affidavit legal includes:

  1. Taking the signature of the declarant or the deponent
  2. Completing the “jurat”.

 

 

 

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