No list can cover every case: it is the forms and the organizations that set the requirement. This article groups the situations for which our clients most often book an appointment.
Before booking, always check exactly what the receiving organization asks for — see the "How to check" section at the end.
Declaration under oath or solemn affirmation: what's the difference?
Both carry the same weight. A declaration under oath involves an oath; a solemn affirmation is a formal promise to tell the truth, with no religious reference.
The form usually indicates which one is expected. A Commissioner for Oaths can receive either one when authorized to do so.
Immigration, citizenship and sponsorship
Many federal immigration and citizenship forms call for a solemn declaration made before an authorized person.
Common examples:
- statutory declaration of common-law union — for example form IMM 5409 for a permanent residence application, or CIT 0458 for a citizenship application;
- solemn declarations used to confirm a family relationship, support an application, or attest to an intention;
- declarations requested as part of a sponsorship.
Some Immigration, Refugees and Citizenship Canada forms explicitly allow the declaration to be made remotely before a Commissioner for Oaths, a commissioner for taking affidavits, or a notary in Canada. Check the instructions specific to your form.
Detailed page: form IMM 5409 — Statutory Declaration of Common-Law Union
Translating a document (translator's affidavit)
When a document in another language must be submitted to an organization and the translation is not done by a certified translator, the organization may require a translator's affidavit.
This affidavit attests, under oath or by solemn affirmation, that the person is fluent in both languages and that the translation is accurate and complete. This is notably the case for documents intended for Immigration, Refugees and Citizenship Canada.
The translator attends the appointment with the original document, its translation, and valid photo ID.
Family and personal situation
Several administrative processes require a declaration about personal facts:
- declaration of residence or domicile;
- declaration of cohabitation, family situation, or civil status for an organization;
- declaration about the custody of a child, access rights, or an agreement between parents, depending on the procedure;
- consent or authorization to travel for a minor child, when the carrier or the destination country requires it.
The organization usually specifies the exact wording to use and where the signatures go.
Lost, stolen or destroyed document
A declaration of loss or theft is often requested by an insurer, a card issuer, an employer, or an organization, for a document, a card, or an item.
For a lost, stolen, or destroyed Canadian passport, a dedicated federal form applies — check the official procedure before booking for that specific case.
Insurance, estates and benefits
These files regularly come with a declaration under oath or a solemn declaration:
- an applicant's declaration, or a supporting declaration, for a survivor benefit (federal and provincial pension plans);
- a declaration of heirship in the settlement of an estate;
- a life or personal insurance claim;
- a declaration of loss, theft, or damage for an insurer.
The plan or insurer provides its own form and indicates whether it accepts a Commissioner for Oaths receiving the declaration.
Employment, volunteering and regulated sectors
An employer, a professional order, or an accreditation body may request a declaration under oath — for example an attestation of no record, or a confirmation of information.
In the educational childcare sector in Québec, a declaration under oath may be required — for example form FO-0351 from the Government of Québec, for a person who has resided in Canada for less than a year.
Detailed page: form FO-0351 — childcare, residing in Canada for less than a year
Contracts and business
Some solemn declarations relate to a contract, notably as part of a federal public contract, or are requested by a financial institution in support of a transaction.
Court proceedings
Before the courts, you often find:
- the affidavit or declaration under oath filed in a case;
- the solemn declaration that may accompany a file at the Small Claims Division of the Court of Québec;
- declarations required in support of certain applications or motions.
Follow the instructions of the court or your representative: the form and content of the affidavit are often prescribed.
What a Commissioner for Oaths does not do
By virtue of their office alone, a commissioner cannot:
- certify that a copy is true to the original (certified true copy);
- authenticate or apostille a document;
- perform a notarial act.
Diplomas and identity documents generally fall to the issuing organization. Our article on the differences between oath commissioning, certified copies, notarization, and apostille covers these distinctions.
How to check for your case
Before booking, look for the following in the form or the organization's instructions:
- the words "declaration under oath," "solemn affirmation," "affidavit," or "before a Commissioner for Oaths";
- a space reserved for the commissioner's signature;
- a statement that the declaration may be made remotely;
- the fact that the document is intended for a process in Québec.
When in doubt, the most reliable source is the organization requesting the document.
Assermentation Express
When a declaration can be received by a Commissioner for Oaths, you can book a meeting online and send your PDF before the session.
Assermentation Express is not a government website and does not provide legal advice on whether the chosen document or procedure is appropriate.