Statutory Declaration of Common-Law Partnership

A statutory declaration of common-law union is a sworn statement confirming that you and your partner have been living together in a conjugal relationship for a continuous period. It serves as formal proof of your partnership when no marriage certificate exists. The declaration is made under oath or solemn affirmation before a notary public or commissioner for taking affidavits, giving it the same legal weight as testimony in court.

Institutions that commonly request this document include Immigration, Refugees and Citizenship Canada (IRCC), the Canada Revenue Agency (CRA), insurance companies, pension administrators (CPP/OAS), and provincial benefit programs. Each may have slightly different requirements for what the declaration should contain, so confirm with the requesting organisation before your appointment.

The most frequent use is for IRCC spousal sponsorship applications, where you must prove your relationship is genuine and ongoing. Beyond immigration, you may need this declaration when filing joint taxes for the first time as common-law partners, adding a partner to workplace or private insurance, applying for survivor benefits, or updating your status with a pension plan.

The cohabitation threshold depends on the purpose of the declaration. For federal programs (IRCC, CRA, CPP), you and your partner must have lived together in a conjugal relationship for at least 12 consecutive months. For Ontario family law rights under the Family Law Act, the threshold is three years of continuous cohabitation, or any duration if you have a child together.

If your cohabitation was interrupted (for example, by temporary work travel), it may still count as continuous if you maintained the relationship during the absence. Include a brief explanation in the declaration if there were gaps.

The form collects the details that institutions use to verify your relationship. Be as precise as possible, particularly with dates.

Arrive prepared so the commissioning can proceed without delay. The notary must verify your identity and confirm you understand the declaration before administering the oath.

The notary will check your photo ID, confirm you understand what you are declaring, and ask whether you wish to swear on a religious text or make a solemn affirmation. You then sign the declaration in the notary's presence. The notary completes the jurat clause and applies the official seal. If both partners are signing, each must take the oath separately in the notary's presence.

Virtual commissioning is available under Ontario Regulation 431/20. Both you and the commissioner must be physically located in Ontario during the video call. You will need to hold your ID up to the camera so the notary can verify it in real time.

Our fee is a flat $19.90 per notarial stamp. If both partners sign the same document, that counts as one stamp. If each partner signs a separate declaration, that is two stamps. Once commissioned, submit the original to the requesting institution along with your application. Keep a photocopy for your own records.

Making a false statutory declaration is an offence under section 134 of the Criminal Code of Canada, carrying a maximum penalty of two years' imprisonment. Ensure all information is truthful and accurate before signing.