Answer to Question #8

If a declarant has signed their statutory declaration before presenting it to the Justice of the Peace, what is an acceptable solution?

1. The Justice must cross out the signature and re-sign on the client’s behalf. 
2. The Justice must decline to take the declaration as the signature was not made in their presence. 
3. The Justice may accept the document, provided the declarant confirms their signature when they make their declaration. 
4. The Justice must require the declarant to retype the entire document without the signature.

Answer: C is an acceptable solution.

If the declarant signed beforehand, the Justice may ask the declarant to re-sign their declaration (no need to cross out the original signature or add initials).

However, it is also acceptable for the client not to re-sign their document, provided they confirm their signature when they make their declaration by being asked: “Do you solemnly and sincerely declare that the contents of this your declaration are true and that you signed this declaration yourself?”.