Affidavit Of Explanation Undeclared Passport Template for Canada

If you've failed to declare a passport to Canadian authorities, you may need to provide a formal sworn explanation through an Affidavit Of Explanation Undeclared Passport. This legal document serves as your official statement under oath, explaining the circumstances that led to the non-declaration of your travel document. The affidavit is governed by federal legislation including the Canadian Passport Order and the Customs Act, making it a critical tool for resolving administrative issues with Canadian border services.

When do you need this document?

You'll typically require this affidavit when dealing with the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) after an incident involving an undeclared passport. Common scenarios include accidentally failing to declare a second passport during border crossing, discovering an expired or forgotten passport in your possession after entry, or when immigration officials identify discrepancies in your travel document declarations. The document is also necessary when resolving administrative penalties, addressing compliance issues, or supporting legal proceedings related to the incident. Immigration lawyers often recommend this affidavit as part of a comprehensive response strategy.

Key legal considerations

Your affidavit must comply with strict legal requirements as it constitutes a sworn statement under Canadian law. Under Section 131 of the Criminal Code of Canada, providing false information in an affidavit constitutes perjury, which carries serious penalties including potential imprisonment. The document must include your complete personal information, detailed passport information including passport numbers and issuing countries, and a comprehensive explanation of the circumstances surrounding the non-declaration. You must also provide supporting evidence where available, such as travel receipts, booking confirmations, or correspondence with authorities. The affidavit requires witnessing by a Commissioner of Oaths or Notary Public, whose authority varies by province under respective Notaries Acts.

Legal requirements in Canada

In Canada, the Customs Act requires all travelers to declare travel documents and related items when entering the country. The Canadian Passport Order establishes specific obligations regarding passport possession and use, while the Canada Border Services Agency Act provides the enforcement framework for border compliance. Your affidavit must be prepared in accordance with the Canada Evidence Act, which governs sworn statements in federal matters. Provincial legislation also applies, particularly regarding the commissioning of oaths and notarization requirements. The document should reference specific sections of relevant legislation and demonstrate your understanding of the legal obligations that were not met. Ensure your affidavit addresses any administrative penalties or compliance measures imposed by CBSA or IRCC, and include a commitment to future compliance with Canadian border and immigration laws.