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Affidavits and Statutory Declarations

The Embassy of Canada in Rome and the Consulates headed by Honorary Consuls can provide services on affidavits and statutory declarations meant for use in Canada.

In Canada, judges, notaries public, justices of the peace, provincial court judges, recorders, mayors or commissioners normally perform these functions. In consulates and missions of Canada abroad, consular officers are authorized to provide notarial services per section 53 of the Canada Evidence Act. Section 53 states that oaths, affidavits, solemn affirmations or declarations administered, taken or received outside Canada by any person mentioned in section 52 are as valid and effectual as if they had been administered, taken or received in Canada by a person authorized to administer, take or receive oaths, affidavits, solemn affirmations or declarations.

Notarial services are primarily for the benefit of Canadian citizens; they may also be provided to non-Canadian citizens, if the documents are intended to be used in Canada. However, statutory declarations and affidavits are only accepted in one of the two official languages of Canada.

The representative offices of the Government of Canada neither prepare nor correct documents, nor offer any opinion as to whether their form, content or solemnity will make them acceptable for their intended purpose.

How services are provided

The service on affidavits and statutory declarations may only be provided in person, as clients must sign the document(s) before a consular officer.
There are three steps to the provision of any notarial service:

1. Electronic submission of the document(s)
All documents (including annexes and addenda), unsigned, must be pre-emptively submitted by e-mail to the Embassy of Canada in Rome, where an officer will ensure that the documents are properly completed, can be executed before an officer of the Government of Canada, and create no agency relationship. The e-mail must include the names of the clients, and the location where they will appear to obtain the notarial service. The answer about whether service can be provided on the document(s) will be generally given within 5 business days from receipt.

2. Confirmation of service and appointment-taking
Upon receipt of confirmation from the Embassy that the services can be rendered on the document(s), clients shall make an appointment with the location of their choice.

3. Provision of notarial service
On the day of the appointment clients will bring the unsigned document(s) (including annexes, and addenda) as well as an original, valid identification document bearing their name, date of birth, photo and signature, such as an identity card or a passport. This identification document needn’t be Canadian, but must valid and issued by a competent authority.

Fees

Fees apply for each set of like affidavits, statutory declarations, and signatures witnessed by the consular officer; they are payable in Canadian dollars or Euro, depending on location. Please discuss methods of payment when setting the appointment.

For further information, please refer to the legal and notarial services section on the website of Foreign Affairs, Trade and Development Canada.


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Date Modified:
2016-06-03