Non Foreign Affidavit Template for Canada

A Non Foreign Affidavit is a sworn legal document that declares your status as a Canadian citizen or permanent resident, ensuring compliance with foreign ownership restrictions and investment regulations. You'll need this document to verify your non-foreign status in various business and legal transactions where Canadian law requires proof of domestic ownership or control.

When do you need this document?

You'll require a Non Foreign Affidavit in real estate transactions where provincial laws restrict foreign ownership, particularly in British Columbia, Ontario, and Nova Scotia. Corporate acquisitions often demand this affidavit to satisfy Investment Canada Act requirements and demonstrate that the transaction doesn't trigger foreign investment review thresholds. Financial institutions may request this document when opening business accounts or processing large transactions to comply with anti-money laundering regulations. You'll also need it for certain government contracts, licensing applications, or when establishing Canadian subsidiaries where non-foreign status affects eligibility or tax treatment.

Key legal considerations

Your affidavit must include accurate declarations about your citizenship status, place of birth, and any supporting documentation such as passport or citizenship certificate numbers. If you're representing a corporation, you must declare the citizenship and residency status of all directors, officers, and beneficial owners who control the entity. The document requires specific language about your knowledge of the facts stated and your understanding of the penalties for false declarations under Canadian law. You must ensure the affidavit addresses the specific purpose for which it's being requested, as generic statements may not satisfy regulatory requirements. Consider the potential liability for false statements, as providing incorrect information can result in criminal charges, financial penalties, and invalidation of the underlying transaction.

Legal requirements in Canada

Under the Canada Evidence Act and provincial Evidence Acts, your affidavit must be sworn before an authorized official such as a notary public, commissioner of oaths, or lawyer. The document must clearly identify you, include your full legal name and address, and state your capacity if you're acting on behalf of an organization. Provincial Notaries Acts govern who can witness your affidavit and the proper execution procedures in each jurisdiction. The Investment Canada Act and Canada Business Corporations Act may impose additional content requirements depending on the transaction's nature and value. Your affidavit must comply with the Statutory Declarations Act if it's being used for federal purposes, including specific wording about the truth of your statements and acknowledgment of potential penalties for false declarations.