Statutory Declaration of Common-Law Status in Canada: What It Is and How to Prepare One

What Is a Statutory Declaration of Common-Law Status?

A statutory declaration of common-law status is a legal document in which you and your partner each solemnly declare that you have been living together in a conjugal relationship for at least 12 consecutive months — thereby meeting the Canadian legal definition of a common-law partnership.

Unlike marriage, common-law status in Canada is not registered with a government authority. There is no certificate, no registration, and no single document that proves you are common-law partners. This creates a problem when institutions need proof of your relationship — which is why the statutory declaration exists.

It is essentially a sworn legal statement that says: "We are common-law partners, and we declare this formally under the penalties of providing a false declaration."

When Is It Required?

The statutory declaration of common-law status is one of the most commonly requested documents in Canada. You may need it for:

Immigration (IRCC)

• Spousal/common-law partner sponsorship applications

• Applications where a partner is listed as a dependent

• Work or study permit applications that include a partner

• TR to PR applications listing a common-law partner

Canada Revenue Agency (CRA)

• Claiming the GST/HST credit as a couple

• Filing taxes with common-law partner status

• Claiming the Canada Child Benefit with a partner

Insurance and employee benefits

• Adding a common-law partner to health, dental, or life insurance

• Claiming pension benefits or survivor benefits

• Employment benefit packages that cover common-law partners

Government programs and social services

• Provincial benefit applications

• Social assistance applications

• Housing assistance programs

Legal and financial matters

• Bank accounts and joint financial products

• Real estate transactions

• Estate planning and will preparation

What Information the Declaration Must Contain

A valid statutory declaration of common-law status should include:

• Full legal names of both partners

• Dates of birth of both partners

• Complete current address — and confirmation that both partners reside there

• Date cohabitation began — to establish the 12-month continuous residency requirement

• A clear statement of common-law status in legally appropriate language

• Signature of both declarants — signed in the presence of the witness

• Date and place of signing

• Signature and seal of the Commissioner for Oaths or Notary Public who witnesses the declaration

Some institutions — particularly IRCC — may require additional supporting documentation alongside the declaration, such as proof of shared address (joint utility bills, lease agreements, bank statements showing the same address).

Statutory Declaration vs Affidavit: Which One Do You Actually Need?

This question comes up constantly, and the answer depends on context.

Statutory declaration: Used for non-court purposes. IRCC, CRA, government programs, insurers, and employers generally require a statutory declaration of common-law status. It is witnessed by a Commissioner for Oaths or Notary Public.

Affidavit: Used for court proceedings and some legal matters. If your common-law status is being declared for a court proceeding — a family law matter, an estate dispute — you may need an affidavit instead. Affidavits are also witnessed by a Commissioner for Oaths or Notary Public.

For IRCC and CRA purposes, a statutory declaration is the standard document. If you are unsure, come to Document Genie and describe your situation — we will confirm which document you need before you sign anything.

The Critical Rule: Must Be Witnessed in Person

Like all sworn documents, a statutory declaration must be signed in the presence of the witness — whether that is a Commissioner for Oaths or a Notary Public.

You cannot:

• Sign the declaration at home and bring it in to be stamped

• Have someone else sign on your behalf

• Pre-date the document

Both partners should be present at the witnessing appointment. In some cases, each partner's declaration can be witnessed separately — but both must sign before an authorized witness.

At Document Genie Edmonton, we handle this every day. Come in, bring your ID, and we will guide you through the process.

Walk-In Service at Document Genie Edmonton

Document Genie offers walk-in commissioning and notarization for statutory declarations of common-law status. No appointment is required.

What to bring:

• Valid government-issued photo ID for both partners (passport, driver's licence)

• The unsigned declaration (or let us draft it for you)

• Any specific requirements from the institution requesting the document

The process typically takes 15–20 minutes.

Edmonton office: #18, 9186 34A Avenue Northwest — walk in any time during business hours.

Frequently Asked Questions

How long is the declaration valid? Statutory declarations do not have an automatic expiry, but some institutions will only accept declarations dated within a certain period — often 6–12 months. Check with the institution requesting the document.

Does my partner need to be present? Generally, yes. Both partners are making the declaration, so both should sign in the presence of a witness. If your partner is unable to attend, contact us to discuss your situation.

Does it need to be notarized or commissioned? Both a Commissioner for Oaths and a Notary Public can witness a statutory declaration. For documents intended for use outside Alberta or for immigration purposes, a Notary Public adds an extra layer of authority.

What if we have not lived together for 12 months yet? You cannot make a statutory declaration of common-law status until you meet the 12-month cohabitation requirement. Some other evidence of relationship may be submitted in the interim — contact an immigration consultant for advice on your specific situation.

Walk in to Document Genie Edmonton - statutory declarations witnessed while you wait →