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

If someone has told you that you need a 'notarized document' or a 'sworn statement,' you have probably come across two terms: affidavit and statutory declaration. They sound similar. They are both signed in front of a Notary Public or Commissioner for Oaths. But they serve different legal purposes, and submitting the wrong one can get your application rejected.

Here is a clear explanation of the difference, along with a practical guide to which one applies to your situation.

What Is a Statutory Declaration?

A statutory declaration is a written statement of facts that you declare to be true, signed before an authorized witness. In Alberta, it is governed by the Alberta Evidence Act and the Canada Evidence Act. It is used for non-court purposes, meaning you are making a formal declaration for a government agency, institution, or legal process that does not involve going before a judge.

Common uses for a statutory declaration in Alberta:

• Confirming your common-law relationship status for a benefits application or IRCC

• Declaring your residency for a government program

• Declaring the loss of an original document such as a title or certificate

• Supporting an IRCC immigration application

• Statutory declaration for a vehicle transfer

• Confirming financial status or no income for government programs

• Construction payment declarations (CCDC 9A)

What Is an Affidavit?

An affidavit is a sworn written statement used in legal proceedings. You swear, or affirm, before a Notary Public or Commissioner for Oaths that everything in the document is true. Affidavits are typically filed with a court or used in a legal process that may involve judicial review.

Common uses for an affidavit in Alberta:

• Court affidavits for family law matters, immigration hearings, or civil proceedings

• Affidavit of service, proving that legal documents were delivered to another party

• Affidavit of execution, confirming a Will or document was properly signed and witnessed

• Affidavit of identity, confirming a person's identity when name variations exist

• Insurance affidavits for claims and disputes

• Affidavit verifying translation, sworn by a translator confirming the accuracy of a translation

The Practical Difference

The easiest way to remember the difference: a statutory declaration is a formal statement made outside of court, while an affidavit is a sworn statement made for court or legal proceedings. Both require an authorized witness. Both are legally binding. The difference is the context in which they are used.

Commissioner for Oaths vs Notary Public: Does It Matter Here?

Yes. A Commissioner for Oaths in Alberta can witness both affidavits and statutory declarations, but only for use within Alberta. If your document is going to a federal agency such as IRCC, to another province, or to a foreign country, you need a Notary Public. Document Genie holds both designations, so whether your document stays in Alberta or travels internationally, we have you covered.

Which One Do You Need? Quick Reference

• Need a sworn statement for a court proceeding or legal process? — Affidavit

• Confirming a relationship, status, residency, or loss for a non-court purpose? — Statutory Declaration

• Document going to IRCC or a federal agency? — Notary Public required, either document type

• Document staying within Alberta? — Commissioner for Oaths or Notary Public both work

• Not sure? — Walk into Document Genie and tell us what the document is for. We will confirm on the spot.

One More Important Rule

Whether it is an affidavit or a statutory declaration, the rule is the same: do not sign it before you arrive. Your signature must be witnessed in person by the Notary Public or Commissioner for Oaths at the time of signing. A pre-signed document cannot be notarized and will need to be redone.