Statutory declaration (solemn declaration)

A purchase agreement may ask a seller to confirm facts, such as whether the seller is bankrupt, in a signed declaration delivered on closing day. It then sits in the closing documents next to the other items on the closing checklist. The word “statutory” points to the legislation that gives the declaration its form and effect.

What the legislation says

Section 41 of the federal Canada Evidence Act sits in Part I, which section 2 applies to proceedings and other matters over which Parliament has jurisdiction. It lets a judge, notary public, justice of the peace and other listed officials receive a person’s solemn declaration made voluntarily, in the form set out there. The form has the person declare that they make it conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. Ontario’s Evidence Act, section 43, does the same for any person authorized to take declarations in Ontario. For other provinces, check that province’s evidence legislation.

What to check

• Which facts the agreement requires to be declared, and by whom.
• Who in your province is authorized to take the declaration.
• Whether the declaration is delivered at closing or earlier, and what the agreement says if a fact turns out to be wrong.