Affidavit Of No Records Template for Canada

An Affidavit of No Records is a sworn legal document that formally declares you have conducted a thorough search for specific records but cannot locate them. This document serves as official proof that you exercised due diligence in attempting to find the requested information, protecting you from potential legal consequences related to non-production of documents.

When do you need this document?

You need an Affidavit of No Records when you're legally required to produce documents but cannot locate them despite reasonable efforts. This commonly occurs during litigation discovery processes where opposing counsel requests specific documents, freedom of information requests from government agencies, regulatory investigations requiring document production, insurance claims requiring supporting documentation, or employment disputes where personnel records are sought. The affidavit demonstrates your good faith effort to comply with document production requirements while formally declaring the records' absence.

Key legal considerations

Your affidavit must include detailed information about your search methodology, including which databases, filing systems, and storage locations you examined. You must specify your authority to conduct the search and access relevant records within your organization. The document should clearly describe the timeframe of your search, the specific records sought, and any limitations that may have affected your search process. Be aware that making false statements in an affidavit constitutes perjury under Canadian criminal law. If records are later discovered, you may face legal consequences unless you can demonstrate the search was conducted in good faith with reasonable methodology. The affidavit must be specific enough to show genuine effort while avoiding overly broad statements that might be difficult to defend.

Legal requirements in Canada

Under the Canada Evidence Act and provincial evidence legislation, your affidavit must be sworn before an authorized official such as a Commissioner for Taking Affidavits, notary public, or lawyer. Each province has specific requirements for who can administer oaths and the format of affidavits. The document must include your full legal name, occupation, address, and a clear statement of your authority to search for the records in question. You must provide a detailed description of your search process, including the period covered, systems searched, and personnel consulted. The affidavit should reference any relevant privacy legislation like PIPEDA that may have affected your search process. Provincial rules may require specific formatting, including court file numbers if the affidavit relates to ongoing litigation. Ensure compliance with your province's Commissioners for Taking Affidavits Act regarding proper commissioning and any required seals or stamps.