In Alberta, a statutory declaration is a written statement of fact declared true in the presence of a commissioner for oaths, notary public, or other authorized individuals. Understanding the significance, nuances, and applications of statutory declarations in Alberta is crucial for navigating various legal processes with confidence and accuracy. From confirming identities and facts to validating essential events and documents, statutory declarations hold a pivotal role in upholding truth and integrity within legal frameworks.

Statutory Declaration Alberta

A Statutory Declaration is a formal written statement that declares specific facts under oath or affirmation, acting as a substitute for direct testimony in certain legal situations. This document is typically signed in the presence of a commissioner for oaths, a notary public, or another authorized individual. The significance of a Statutory Declaration lies in its legal weight. It functions as a sworn statement that can be used as evidence in various legal and administrative processes.

It is important to note that while Statutory Declarations generally follow a similar format and purpose across Canada, there may be slight differences between provinces. In Alberta, Statutory Declarations are Governed by the Alberta Evidence Act.

The Difference Between a Statutory Declaration and an Affidavit

A Statutory Declaration is similar to an affidavit, but there are critical differences between the two. While both involve affirming the truth of facts in a written statement, a Statutory Declaration is made before an authorized person but is not typically intended for court use. An affidavit, on the other hand, is a more formal and legally binding document crafted specifically for court proceedings. 

Types of Statutory Declarations

There are several types of Statutory Declarations, each with a different purpose that is appropriate for specific situations. Understanding the nuances of each kind of Statutory Declaration is crucial, as it ensures that individuals can select the proper declaration for their specific legal or administrative needs.

Common-Law Union

This declaration is critical in situations where individuals need to establish the existence of a common-law relationship. Commonly used for legal and immigration purposes, it provides formal confirmation of the partnership without the need for marriage certificates. The declaration may include information about the duration of the relationship, shared responsibilities, financial interdependence, and other factors demonstrating the nature of the common-law union.

Ownership

Specifically tailored for property transactions, this declaration is employed when transferring ownership of real estate. It serves as a formal statement asserting the details of property ownership. The declaration might include information about the property address, legal description, current and previous owners, and any encumbrances or restrictions on the property. Supporting documents such as land titles or purchase agreements may accompany this declaration.

Name Change

Individuals who have legally changed their names may use this declaration to affirm and declare their new legal name. This is often required for updating identification documents and records. The declaration typically includes the individual’s former name, the new legal name, the reason for the name change, and any relevant details, such as marriage certificates or court orders supporting the change.

Identity

Used to verify identity in various situations, such as when an individual has lost identification documents. This declaration helps establish identity in the absence of official documents. The declaration may include personal details such as date of birth, physical description, and other identifying information. It is often accompanied by a photo ID, if available.

Financial Support

This declaration is utilized in cases where an individual needs to confirm financial support for another person, such as a family member or spouse, for immigration or sponsorship purposes. The declaration usually includes information about the financial supporter’s income, assets, and the nature of the support being provided. It may be accompanied by supporting documents such as pay stubs or bank statements.

Lost or Destroyed Documents

When important documents such as certificates, passports, or identification are lost or destroyed, this declaration is used to formally declare the loss and request replacements. The declaration includes details about the lost or destroyed document, the circumstances surrounding the loss, and any efforts made to recover or replace the document. It is often accompanied by a police report or other relevant evidence.

Although these are some of the most common scenarios you may need a statutory declaration, it doesn’t include them all. In business transactions, a statutory declaration may be necessary to confirm details related to contracts, agreements, or financial matters. Or in estate planning, it could be used to provide evidence of certain facts or to confirm the details of legal documents. Get in touch with a lawyer or your notary public if you have any questions about whether you need a statutory declaration for the situation you find yourself in.

Why Do You Need a Statutory Declaration?

In legal and administrative processes, there are instances where providing a sworn statement is more expedient and practical than engaging in more elaborate legal procedures. Whether it’s confirming the existence of a common-law relationship, asserting ownership in property transactions, or validating personal information, a Statutory Declaration streamlines the process by offering a formal and reliable declaration of facts.

Statutory Declarations in Out-of-Town Property Transfer Signings

Out-of-town property transfer signings involve individuals who need to transfer property ownership but are not physically present in Alberta. In such cases, the logistical challenge of coordinating all parties involved is addressed through the use of a Statutory Declaration.

A declaration under oath or affirmation, stating the necessary details for the property transfer, helps ensure that legal requirements are met even when the involved parties are geographically distant. 

Who Administers a Statutory Declaration?

The administration of a Statutory Declaration is a crucial aspect of its validity. In Alberta, this responsibility falls on authorized individuals, commonly known as commissioners for oaths or notary publics. These individuals are appointed by the government and possess the legal authority to administer oaths and affirmations.

The importance of having a duly authorized individual administer the declaration cannot be overstated. Their role ensures the integrity of the process, and their authority lends credibility to the sworn statement. 

What You Need to Get a Statutory Declaration

To get a Statutory Declaration, you have to make an appointment with a commissioner of oaths or a notary public. Preparing for a Statutory Declaration appointment involves gathering essential documents and ensuring compliance with the administrative process. 

When attending such an appointment, individuals should bring proper proof of identification, typically in the form of a government-issued photo ID, to verify their identity. This step is fundamental to the integrity of the declaration process. 

In addition to identification, it is crucial to bring any supporting documents relevant to the declaration. If you are unsure what documents to take, you can contact Service Alberta via a toll-free number or an authorized professional for guidance.

The Alberta Government allows you to apply for a Statutory Declaration by mail if you are outside of Alberta, however a Commissioner for Oaths or Notary Public still has to notarize and sign the application document, and you need to verify your identity via forms that you can download from the Service Alberta website.

Navigating legal matters can be daunting, and knowing the proper procedure and forms to legally document facts can be confusing. If you are unsure whether your legal situation requires an affidavit or Statutory Declaration, contact DLegal lawyer and notaries today. We know the ins and outs of Alberta Law and can advise you on any documents and procedures that apply to your situation.