If you need a statutory declaration or affidavit drafted and/or sworn, Brosgall Legal | Notary Services would be pleased to assist. Owner and principal, Adam Brosgall, is fully qualified, licenced and insured to swear statutory declarations and affidavits, and to administer oaths and solemn affirmations. This article will explain what statutory declarations and affidvits are, and how they work. If you have any questions, or want to book an appointment, please send us an email or call us at 604-685-ADAM . You may also visit our VancouverNotary.biz home page for further information.
What are Statutory Declarations and Affidavits?
Statutory Declarations and Affidavits are formal documents that contain statements of fact. They are different from simple letters, in that you sign them only after swearing or affirming that the facts set out in the documents are true - as if you were in court.
Which Form to Use? Statutory Declaration or Affidavit
Quite often, people use these two terms interchangeably. Although similar in purpose, statutory declarations and affidavits are used for different purposes. They are two different forms that look quite different:
Affidavit: The proper form to use for judicial proceedings (court) is an affidavit. The B.C. Evidence Act states at section 55 that an affidavit is a written statement of facts, opinion, belief or knowledge. The affiant (you) swears or affirms the content of the affidavit before a commissioner of oaths (such as a notary or lawyer). The following wording is found at the bottom of an affidavit: Sworn (or Affirmed) before me in the City of Vancouver, in the Province of British Columbia, this (date) day of (month), 20__. Brosgall Legal - Notary Services drafts and/or swears affidavits. If you intend to prepare your own affidavit, a good resource is the Supreme Court of B.C.'s Guide to Preparing your Affidavit. Another source of infomation is Rule 22-2 of the Supreme Court Civil Rules, which governs affidavits. Once your affidavit is prepared (either by you or us), we will swear it in our notary office. A sample affidavit is attached at the bottom of this article.
Statutory Declaration: In most other circumstances, outside of court proceedings, the proper form to use is a statutory declaration. A statutory declaration is similar to an affidavit in that it is also a written statement of facts. The declarant makes a solemn declaration before a commissioner of oaths (such as a notary or lawyer) that they believe the statements contained in their declaration are true, knowing that it is of the same force and effect as if made under oath. The following wording is found at the bottom of a statutory declaration: I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. A sample statutory declaration is attached at the bottom of this article.
Requirements for Statutory Declarations and Affidavits
There are certain requirements for statutory declarations and affidavits. For both of these documents, the commissioner of oaths (notary or lawyer) will ensure you have read the document before they administer the oath, affirmation or declaration, and that you swear, affirm, or declare that the statements made in the document are true. The date and place of the signing of the statutory declaration or affidavit are set out, as well as the fact that it took place in the presence of the commissioner of oaths. Your statutory declaration or affidavit can then be used as evidence that you gave an oath, affirmation, or declaration that the contents of the document are true. Under section 29 of the B.C. Interpretation Act, an 'oath' or 'affidavit' are defined as including an affirmation, statutory declaration, or solemn declaration made under the B.C. Evidence Act or Canada Evidence Act, and the word 'swear' includes solemnly delare or affirm. Essentially, an oath is a solemn promise that you will do something, or that what you are saying is true.
The B.C. Law Society's Code of Conduct lists the procedural requirements for statutory declarations, affidavits, and officer certifications. Here is a summary:
- The deponent (you) must be physically present when signing.
- The deponent must acknowledge being the deponent.
- The depondent must understand or appear to understand the statements contained in the document.
- For an affidavit, the deponent must swear, declare or affirm that the contents of the document are true.
- For a solemn declaration, the deponent must orally state that they make the 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.
- The deponent must sign the document.
In addition, the notary must be satisfied regarding the identity of the deponent. This means you must bring proper government issued picture identification (such as a driver's licence, passport, etc.) when you visit our office.
Finally, when all these requirements are satisfied, the notary or lawyer can formally sign the 'jurat' at the bottom of the statutory declaration or affidavit. The jurat specifies when and where the execution (signing) took place, and provides an area for the notary or lawyer to sign and stamp the document. A notarial seal may also be impressed upon the page.
More information about statutory declarations and affidavits can be found in the B.C. Ministry of Justice's Information and Instruction Guide for Commissioners for Taking Affidavits for British Columbia. As mentioned above, we've attached a sample of each of these legal documents at the bottom of this article, so you can see what they actually look like.
Examples of Statutory Declarations and Affidavits
At Brosgall Legal, we see a huge variety of statutory declarations and affidavits. Here are some examples:
- affidavits for Provincial Court of B.C. (Small Claims)
- affidavits for Supreme Court of B.C.
- affidavits for all other judicial proceedings
- affidavit for change in appearance
- affidavit for change of name
- affidavit of service
- affidavit for Pharmacare
- affidavit to dispute a violation ticket (Offence Act)
- attestation of signatures
- authentication and legalization (apostille)
- authorization letters
- certified identity confirmations
- consent to travel declarations
- ICBC unregistered vehicle declarations
- insurance loss declarations
- letter of invitation for foreign travel
- lost, stolen, damaged, or destroyed passport declarations
- notarial certificates
- passport affidavits (expired over 6 months)
- passport applications
- solemn declarations
- statutory declaration for contractor holdback or security release
- statutory declaration for enduring power of attorney
- statutory declarations for foreign students
- statutory declaration for pension spousal waiver
- statutory declarations for professional registration and applications
- statutory declaration for vital statistics agency
- statutory declaration in lieu of guarantor
- statutory declaration of asset ownership
- statutory declaration of common-law union
- statutory declaration of finances
- statutory declaration of legal marriage
- statutory declaration of lost licence or documentation
- witnessing signatures
Vancouver Notary Public, Commissioner of Oaths, and Lawyer
Brosgall Legal's owner and principal, Adam Brosgall, is an experienced Vancouver Notary Public, Commissioner of Oaths, and Lawyer. He is fully qualified, licenced, and insured to prepare and draft Statutory Declarations and Affidavits. If you have any questions, please feel free to send us an email, or call 604-685-ADAM  to book an appointment. Same day service and walk-ins are welcome. Please see our Vancouver Notary home page for our other services, and we look forward to seeing you.