Affidavit Of Release Of Liens Template for Canada

An Affidavit of Release of Liens is a sworn statement that formally releases construction liens against your property under Canadian provincial Construction Act legislation. When you need to establish clear title for property sales, refinancing, or project completion, this document provides legally binding proof that liens have been waived or satisfied. The affidavit must be properly commissioned and includes detailed property information, project descriptions, and explicit release statements.

When do you need this document?

You need an Affidavit of Release of Liens when completing construction projects where contractors, subcontractors, or suppliers might have lien rights. This includes residential renovations, commercial construction, and infrastructure projects. The document becomes essential before making final payments to contractors, during property sales where clear title is required, or when refinancing properties with recent construction work. Title insurance companies and mortgage lenders often require these affidavits to confirm no outstanding liens exist. You'll also need this document when settling construction disputes or when contractors voluntarily release potential lien claims after payment.

Key legal considerations

The affidavit must accurately identify the affiant's authority to release liens, whether as property owner, contractor, or authorized representative. Property descriptions must match registered title documents exactly, including legal descriptions and civic addresses. The document should specify the nature of work performed, materials supplied, and confirm full payment received. Include explicit statements releasing all lien rights and claims against the property. Consider timing requirements, as some provinces have specific deadlines for lien preservation and release. Ensure the affiant has actual authority to make the release, particularly when dealing with corporate entities or partnership arrangements. False statements in affidavits carry serious legal consequences including perjury charges.

Legal requirements in Canada

Under provincial Construction Act legislation, affidavits must be sworn before authorized commissioners including lawyers, notaries public, or commissioners for taking oaths. Each province has specific requirements for affidavit format and content, though basic elements remain consistent across jurisdictions. The Personal Property Security Act may also apply when releasing liens on fixtures or equipment. Federal Canada Evidence Act provisions govern affidavit admissibility in court proceedings. Some provinces require specific language or statutory forms for construction lien releases. The affiant must appear personally before the commissioner with proper identification. Electronic commissioning may be available in some provinces but check local requirements. Properly executed affidavits provide strong legal protection but must comply with all applicable provincial and territorial legislation to be enforceable.