Affidavit Of Transferee Template for Canada

An Affidavit of Transferee is a crucial legal document you must complete when acquiring real property in Canada. This sworn statement provides provincial authorities with verified information about your identity, residency status, and the nature of your property acquisition, ensuring compliance with various federal and provincial regulations governing property transfers.

When do you need this document?

You must prepare an Affidavit of Transferee whenever you purchase real estate in Canada, whether you're buying a residential home, commercial property, or vacant land. The document is mandatory for all property transfers registered with provincial land title offices and is required regardless of whether you're a Canadian citizen, permanent resident, or foreign buyer. You'll also need this affidavit if you're claiming any property transfer tax exemptions, such as first-time homebuyer benefits, or if you're subject to foreign buyer taxes in provinces like British Columbia or Ontario. Real estate lawyers typically coordinate the preparation of this document as part of the closing process, but you may need to complete it independently in some transactions.

Key legal considerations

The affidavit contains several critical sections that require careful attention to avoid legal complications. You must provide accurate personal information, including your full legal name, occupation, and current address, as this information is cross-referenced with government databases. The property details section requires precise legal descriptions and civic addresses that must match the transfer documents exactly. Your residency and citizenship status declarations are particularly important, as false statements can result in significant penalties and tax reassessments. If you're claiming tax exemptions or benefits, you must meet specific eligibility criteria and provide supporting documentation. Remember that making false statements in a sworn affidavit constitutes perjury under the Criminal Code of Canada, which can result in serious criminal charges and penalties.

Legal requirements in Canada

Under the Canada Evidence Act and provincial legislation, your Affidavit of Transferee must be sworn before an authorized official such as a Commissioner of Oaths, Notary Public, or lawyer. Each province has specific requirements under their respective Land Title Acts regarding the content and timing of affidavit submission. The Property Transfer Tax Act in applicable provinces requires detailed declarations about your residency status and intended use of the property. Foreign buyers must comply with additional disclosure requirements under provincial foreign buyer tax legislation, including proof of citizenship or residency status. The affidavit must be submitted to the land title office within the prescribed timeframe, typically at the time of property registration, along with the transfer documents and applicable taxes.