Affidavit Of Not Having Passport Template for Canada
Generate a bespoke document
What is a Affidavit Of Not Having Passport?
An Affidavit of Not Having Passport is a formal legal document commonly required in various administrative and legal proceedings within Canadian jurisdiction. This document becomes necessary when individuals need to officially declare their lack of passport possession for purposes such as immigration applications, certain government services, or legal proceedings. The affidavit must comply with provincial and federal requirements for sworn statements, including proper execution before authorized officials. It's particularly relevant in situations involving immigration matters, international travel complications, or identity verification processes where passport information would normally be required. The document must be carefully drafted to include all necessary personal information, clear declarations, and any relevant explanatory circumstances, while ensuring compliance with the Canada Evidence Act and provincial notarial requirements.
About the Affidavit Of Not Having Passport
An Affidavit Of Not Having Passport is a sworn statement that formally declares you do not possess a valid Canadian or foreign passport. This legal document serves as official proof of your passport status when required by government agencies, immigration authorities, or courts. You must execute this affidavit before an authorized official such as a notary public, commissioner of oaths, or other qualified witness under Canadian law.
When do you need this document?
You typically require this affidavit when applying for immigration services, replacing lost identification documents, or participating in legal proceedings where passport information is mandatory. Immigration officers may request this document during citizenship applications, permanent residence renewals, or when processing travel documents for stateless individuals. Government agencies also require this affidavit when issuing emergency travel documents or processing applications where passport verification is standard protocol. Courts may demand this document in family law cases involving international custody disputes or when establishing identity in civil proceedings.
Key legal considerations
Your affidavit must include complete personal information including your full legal name, date of birth, place of birth, and current address. You must clearly state that you do not possess any valid passport from any country and explain the circumstances leading to this situation. The document should address whether you previously held a passport, when it expired or was lost, and any attempts made to obtain replacement documents. You must sign the affidavit under oath before an authorized official, understanding that providing false information constitutes perjury under Section 131 of the Criminal Code of Canada. Include any supporting documentation such as police reports for stolen passports or official correspondence regarding expired documents.
Legal requirements in Canada
Canadian law requires strict compliance with the Canada Evidence Act for all sworn affidavits, ensuring proper witnessing and authentication procedures. Provincial Notaries Acts govern the authority of officials who can witness your signature, with requirements varying by province. The Canadian Passport Order establishes the legal framework for passport-related declarations and their use in official proceedings. Your affidavit must be notarized by a commissioner of oaths, notary public, or other authorized official with proper identification verification. The document becomes legally binding once properly executed, making you liable for perjury charges if any statements prove false. Courts and government agencies will only accept affidavits that meet these stringent legal requirements for sworn statements.
GOVERNING LAW
Applicable law
This Affidavit Of Not Having Passport is drafted to comply with Canada law. Key legislation includes:
Canada Evidence Act (R.S.C., 1985, c. C-5): Federal legislation that governs the rules of evidence, including the taking of affidavits and their admissibility. Provides the legal framework for sworn statements and their validity.
Provincial Notaries Act: Provincial legislation that governs the powers and authorities of notaries public, who are required to witness and authenticate affidavits. The specific act varies by province.
Criminal Code of Canada (R.S.C., 1985, c. C-46), Section 131: Covers perjury and false statements under oath, making it a criminal offense to knowingly make a false statement in an affidavit.
Statutory Declarations Act (R.S.C., 1985, c. S-16): Provides the legal framework for making statutory declarations, which is relevant when creating sworn statements about personal circumstances such as not possessing a passport.
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it