Lost Passport Declaration

What is a Statutory Declaration?

A Statutory Declaration is when a person solemnly declares that the contents of an official document (some government application forms) are true and correct.  A solemn declaration has the same legal effect as an oath.

The person making the solemn declaration is called a deponent.  The act of administering a solemn declaration is called commissioning a statutory declaration.

It is not necessary that the deponent hold a religious book, or raise his/her hand to undertake a solemn declaration.

A person may be prosecuted criminally for knowingly making a false solemn declaration.

What is a Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document

Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document is a form that Passport Canada requires one to complete in the event of a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document.  The Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document is used when applying for a Canadian Passport or Travel Document.

The Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document must be solemnly affirmed by the applicant.

A copy of the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document form may be found here (PDF – external link to Passport Canada)

How is the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document Commissioned?

A commissioner of oaths or notary public first verifies the identity of the applicant (usually by examining photographic identification).  The commissioner of  oaths or notary public then satisfies himself or herself that the applicant has read and understands the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document. The applicant will then solemnly declare that he or she conscientiously believes that the contents of the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document form are true and that he or she knows that it is the same force and effect as if made under oath.  The applicant will then sign the document in front of the commissioner of oaths or notary public.  The commissioner of oaths or notary public will then sign the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document form and certify on the document that a solemn declaration has been duly commissioned.

The commissioner of oaths or notary public does not certify that the statements in the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document form are true.  Rather, the commissioner of oaths or notary public only certifies that the solemn declaration has been administered (commissioned).  No legal advice is given during a commissioning of an oath.

When attending a commissioner of oaths or notary public’s office the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document  form being commissioned should be complete but not signed. The document should be read and understood by both the applicant and his or her common-law partner.

Does the Statutory Declaration Concerning a Lost, Stolen, Damaged, Destroyed or Inaccessible Canadian Passport or Travel Document Form Have to Be Commissioned In Person?

Yes.  The applicant and common law partner must make the solemn declaration in front of a person who is qualified to take oaths, such as a commissioner for taking affidavits or a notary public.  An oath or solemn declaration cannot be made over the telephone.