… and why you might need one for a mortgage
Let’s talk about a document you probably won’t hear about until you absolutely need it: the statutory declaration. If you’re renewing, refinancing, or applying for a mortgage, this form might suddenly show up on your to-do list—and when it does, it’s important to understand what it is and how it works.
What Is a Statutory Declaration?
When Do You Need One for a Mortgage?
What Is a Statutory Declaration?
A statutory declaration, often called a “stat dec,” is a legal document in which you swear that a statement is true. Think of it like a formal sworn statement—similar to an affidavit, but more commonly used outside of court proceedings. You sign it in front of a commissioner for taking oaths (which could be a lawyer, notary public, or municipal official), and you’re declaring, under penalty of law, that what you’re saying is accurate.
It carries weight—if you lie on one, it’s considered perjury. So yes, it’s serious business.
When Do You Need One for a Mortgage?
Here are some of the most common mortgage-related situations where a statutory declaration might be required:
- Gifted Down Payment
- Declaring Self-Employed Income
- Estimating Property Taxes
- Confirming Occupancy
- Replacing a Missing Document
Gifted Down Payment
If a parent or relative is giving you money for your down payment, some lenders will accept a gift letter. But others—especially if the file is complex or insured—might want a statutory declaration of gift to support the source of funds.
Declaring Self-Employed Income
If you’re self-employed and your income doesn’t show clearly on a traditional T4 or NOA, some lenders may ask you to declare your income in writing through a statutory declaration.
Estimating Property Taxes
For new builds or rural homes where a recent property tax bill isn’t available, lenders may require a declaration estimating what the property taxes will be.
Confirming Occupancy
Some lenders want to verify that you intend to live in the property. A statutory declaration of occupancy may be requested to confirm it’s your principal residence.
Replacing a Missing Document
If a key document (like a divorce agreement, letter of employment, or title record) is lost and can’t be replaced easily, lenders will sometimes accept a stat dec as a substitute.
However, lenders don’t usually require a stat dec if you have been divorced for a considerable period (i.e., 10+ years) or when there are no children involved of age where support could be an issue. Again, this varies by lender, so you should always fully disclose your situation to allow the lender to determine if a stat dec is necessary for your mortgage application, as other factors may influence their decision. As your advocate, I will explain your situation on your behalf to the lender.
Where Can You Get One?
You have several options depending on convenience and urgency:
- City or Town Hall – Most municipalities offer commissioner services through the clerk’s office.
- Courthouse – Civil court clerks can commission declarations for a flat fee.
- Notary Public or Lawyer – Often the fastest and most flexible option, especially for last-minute needs.
- Online Notary Services – Platforms like NotaryPro or eNotary can legally commission your stat dec remotely.
How Much Does It Cost?
The good news is that statutory declarations are relatively inexpensive to get done.
| Where to Go | Approximate Cost |
| Municipal Office (e.g. Town Hall) | $20 to $35 per declaration |
| Ontario Court (Civil Clerk) | $22 flat fee |
| Notary Public or Private Office | $30 to $45, often plus tax |
Fees can vary based on your location and whether you need multiple signatures or attachments. Some towns may charge extra for non-residents or additional pages.
Municipal Commissioner of Oaths
Different cities and towns have their own fees:
| Municipality | Fee (incl. HST) |
| Toronto City Clerk | $28.25 per document |
| Markham | $35.00 + HST for 1st; $7.50 + HST additional |
| St. Catharines | $20.50 per affidavit + $3.05 per attachment |
| Georgian Bay Township | $25.00 + HST |
| Dufferin County | $20 (residents) / $50 (non-residents) |
| Ajax | $27.50 residents / $33 non-residents |
| Shelburne | $10 residents / $20 non-residents |
Practical Tips
- Don’t sign the document in advance—it must be signed in front of the commissioner.
- Bring valid photo ID.
- Draft your declaration clearly and concisely ahead of time.
- Confirm the exact wording with your mortgage agent or lawyer to make sure it meets the lender’s requirements.
My Final Thoughts
Statutory declarations aren’t complicated, but they must be taken seriously. If a lender asks for one, it’s usually to clarify something that isn’t easily proven with a standard document. As a mortgage agent, I always advise clients to slow down, ask questions, and make sure they understand exactly what they’re signing.
If you’re not sure whether your situation requires a stat dec, or you need help drafting one, just reach out. I can walk you through the process or point you to the nearest, most affordable place to have one sworn.
