Affidavit – Declaration

What is an affidavit?

An affidavit is a solemn declaration, made in the presence of a person authorized by law to have you swear an oath. In a way, the affidavit amounts to testimony as it is a written document that underlines facts you declare to be truthful. An affidavit may be called for under proceedings or judicial remedy, but also to make a declaration official. Note that the individual authorized to proceed with the swearing in, does not have the mandate to validate the accuracy of the information. That is your responsibility.

In the province of Quebec, the word « affidavit » has been replaced since 2016 by the expression « sworn statement ». However, it is still widely used. It is thus possible that you will be requested to provide an affidavit even though the final document will take the form of a sworn statement.

Why see a notary for your affidavit?
Any affidavit or sworn statement must includes three sections:

1
The first is used to identify you. It contains personal data.
2
The second contains the facts and information that you solemnly declare.
3
The third is used to authenticate the affidavit by the person authorized by law.

When you need such a declaration, don’t hesitate to get in touch with a notary.

His legal experience will ensure you get an official document in line with the requirements of the law. The notary can be of assistance in two ways:

  • In writing the document:With the affidavit, you declare certain facts under oath. Such a document confirms your legal responsibility. That is why it must be prepared with the utmost care. Your notary will help establish a comprehensive declaration that respects the facts and does not contain contradictory information. Using his experience in the preparation of the affidavit, you will be protected from eventual appeals.
  • In authenticating the document:When doing a solemn declaration, you must do so in the presence of a person duly authorized by the law to swear you in. As legal professionals, all notaries are recognized as public officers. You can find other commissioners of oaths in other organisations but you must then ensure that they have been nominated by the justice department. Save yourself the extra steps by using the services of a notary.

Choose the expertise of bessette notaires for your affidavit

The Bessette Notaires team provides writing and authentication services. Here are a few examples:

The travel with children affidavit
To protect children under 18 who travel without both parents, an affidavit is often required by Canadian and other international authorities. When your child travels with only one parent or his grandparents, a parental consent document will ease things at customs. This sworn declaration must answer to the regulations of the visited country. Whatever your situation, our team will help you with the proper documentation for a stress-free trip.

The affidavit for non-residents
If you wish to welcome individuals from another country, a government authorization may be required prior to their entry into Canada. Be it for family members, friends, or business partners, you can prepare the appropriate affidavit. This sworn statement will underline the reasons for the trip and establish that you will be the guarantor during their stay in the country. Using all of our expertise in such matters, we will help you prepare a document that will add substance to your request!

Bessette Notaires will help you prepare a comprehensive document in line with all the various legal requirements. Don’t hesitate to get in touch with us to know more or to set an appointment.

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