Common-law declaration for IRCC, CPP or a pension plan, signed in Scarborough
Immigration, Service Canada and pension plans each have their own form for proving you live common-law. You state the dates you have lived together and sign in front of a notary public or commissioner, with your partner where the form has two signature lines.
$20 per signature
Walk-ins seven days a week at 1225 Kennedy Rd
Which form were you given?
- IMM 5409Sponsorship and other IRCC applications
- ISP-3004Canada Pension Plan and Old Age Security
- ISP-3104The same federal form after a separation
- Your plan's own formWorkplace pensions, such as CAAT
How long you must have lived together depends on who asks
Ontario has no single number for this. A couple together for 14 months meets the 12-month pages below and is still short of the 3-year ones, so check the definition of whoever gave you the form.
From 12 months
IRCCAt least 12 consecutive months together. Time apart has to be short and temporary, such as work travel or family obligations.
Canada Pension PlanA conjugal relationship of at least 1 year, on the survivor's pension page.
From 3 years, or sooner with a child
OSAPAt least 3 years living together continuously, or a relationship of some permanence with a natural or adoptive child. Our page on OSAP affidavits covers the sworn side of a student file.
CAAT Pension Plan, Ontario membersNot less than 3 years, or some permanence with a child, on its declaration form. For a federally regulated employer the same form says one year, and the province you work in decides the rest.
The Canada Revenue Agency uses 12 continuous months, or a child of you both, and you report the change online or on Form RC65. Periods read on November 1, 2026 on each body's own page.
What IMM 5409 and ISP-3004 ask you to answer
The two federal forms ask nearly the same questions under different numbers. Most are yes or no, so a look through this list tells you which papers to find before you come.
A "no" still has a place. Question 4 on both forms takes other evidence when none of the earlier ones apply. Our article on what the IMM 5409 says goes through the immigration form line by line.
| What the form asks | IMM 5409 | ISP-3004 |
|---|---|---|
| Years together, with from and to dates | Opening | Opening |
| Lease, mortgage or purchase agreement signed jointly | 1 a | 2 a |
| Other property you own jointly | 1 b | 2 b |
| Joint bank, trust, credit union or charge card accounts | 1 c | 2 c |
| Union declared on your T1 tax return | 1 d | Not asked |
| Life insurance naming your partner, each direction | 2 and 3 | 3A and 3B |
| Children of the union, with names and birth dates | Not asked | 1 |
| Your Social Insurance Number | Not asked | Top of page |
| Other documentary evidence | 4 | 4 |
Where each form has you sign
IMM 5409
Two people declare together, with one place and one date for the official. IRCC's form page says the signatures must be handwritten, even if you type the rest.
The official ticks a title: Notary Public, Commissioner of Oaths or Commissioner of Taking Affidavits.
ISP-3004
You give the date the union began and, if it has, ended, and both partners sign.
Service Canada's Old Age Security toolkit says a commissioner of oaths must witness it. This edition prints no box for that person, so the wording goes on by hand or stamp.
A plan's own form
Pension plans can print their own version. CAAT's is completed at retirement, and its Part D reads "Do not sign until a Commissioner of Oaths is present".
Part E is for that official. Its list of who qualifies names a notary public.
When only one of you signs
"Complete this form if you are separated from your legal spouse or common-law partner."
That is how Service Canada describes ISP-3104, the single-signature form dated February 13, 2025. It asks the same questions in the past tense, and it has one signature line.
If someone else fills in and signs either federal form for you, that person completes a section at the bottom and sends proof of their authority. The form tells that person to call Service Canada to find out which documents it needs.
Other facts you may be asked to declare, such as a lost document or a name difference, are on our page for statutory declarations.
Where the federal forms go
Service CanadaPO Box 5100, Station D
Scarborough ON M1R 5C8
The address printed with both forms for Ontario postal codes starting with L, M or N.
Signing at 1225 Kennedy Rd
- Fill in the form and leave every signature line empty. If you need a page printed, printing and copying here are free.
- Come together where the form has two signature lines. Each of you brings government photo ID, and we compare it with the names on the page.
- You declare that the contents are true, then sign at the desk.
- The notary fills in the place and date, signs and stamps. The form goes back with you to send to whoever asked for it.
Two people signing means two signatures, and we confirm the total before anything is signed. Cash or e-Transfer.
Clients rate the office 5.0 from 208 Google reviews.
What Ontario law lets a notary public confirm here
Ilya Kershtein is a notary public, not a lawyer, and a commissioner for taking affidavits. His stamp records that you made the declaration in front of him, not that the relationship meets a definition.
IRCC, Service Canada or your plan makes that decision on the file. For a question about your own situation, speak to them or a lawyer. The federal forms warn that a false statement can bring a penalty, a charge and repayment of benefits.
Walk in Monday to Friday 10:00 to 6:30, weekends 12:00 to 4:00, or book a time.
Questions couples ask about this declaration
Do we both have to come to the office?
For IMM 5409 and a form like CAAT's, yes: both of you sign in front of the official. ISP-3004 carries both signatures too, so coming together saves a second trip.
We have no joint lease or bank account. Can we still sign?
Yes. You answer those questions no, and question 4 on the federal forms lets you list other evidence. The body reading the form decides what it is worth.
Does it have to be a notary, or will a commissioner do?
IMM 5409 prints both titles, and the CAAT form lists a notary public among its commissioners of oaths. This office holds both appointments.
Do I need a sworn declaration for my tax return?
The Canada Revenue Agency's marital status page describes changing your status online or on Form RC65 and mentions no sworn paper.
Will you fill in the dates or answers for us?
No. They are your own statements, and only you know them. We take the declaration on the form you completed and can print it for you.
Fast & Reliable Notary Services
- 416-951-3301
- kershtein@gmail.com
- 1225 Kennedy Road, Scarborough, Ontario, M1P 4Y1, Suite 2000, Unit #2020
- Mon – Fri: 10:00 am – 6:30 pm
- Sat – Sun: 12:00 pm – 4:00 pm