Statutory Declaration, like an affidavit, is a written statement of facts. The statement is prepared and then verified by a declaration made by the person concerned. The form of the statement is stated clearly in the Canada Evidence Act and also the British Columbia Act. It states-

“I (name of the person concerned), solemnly declare that (clear mention of the facts to be declared). And I make this 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.” Continue reading →

A Commissioner of Oaths is a person who has the authority to administer and witness oaths and other legal documents in writing. A lawyer or an advocate holding a current practising certificate or a licensed paralegal, and qualified to administer oaths can use the title of Commissioner of Oaths.

A Commissioner of Oath need not be a notary always. A notary public on the one hand can serve as a Commissioner of Oaths, but a Commissioner of Oaths cannot serve the duties of a notary unless he is qualified for it. A notary has more powers than a Commissioner of Oaths. The duty of a Commissioner is to verify that the process of authentication of a document has been followed properly, but he cannot authenticate any document. Whereas the duties of a notary is to verify that a document is valid, has the authority to seal it and can also draw up documents such as contracts, deeds etc. Continue reading →