A Canadian Affidavit of Identity is a sworn legal document in which an individual confirms, under oath or solemn affirmation, that they are who they claim to be. This affidavit is used when standard identification documents are unavailable, contain errors, or when there is a discrepancy between the name on official records and the name the individual currently uses. In Canada, identity verification is governed by a combination of federal and provincial legislation.

The legal framework for identity affidavits derives from the Canada Evidence Act (R.S.C., 1985, c. C-5), which governs the admissibility of sworn statements in federal proceedings, and from provincial evidence legislation such as Ontario's Evidence Act (R.S.O. 1990, c. E.23), British Columbia's Evidence Act (R.S.B.C. 1996, c. 124), and Alberta's Evidence Act (R.S.A. 2000, c. A-18). Making a false statement in an identity affidavit constitutes perjury under Section 131 of the Criminal Code of Canada (R.S.C., 1985, c. C-46), which carries a maximum penalty of 14 years imprisonment.

Unlike the United States, where notarization standards vary by state, Canadian affidavits must be sworn or affirmed before a specific class of authorized officials: a commissioner of oaths appointed under provincial legislation (such as Ontario's Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17), a notary public, or a lawyer (barrister and solicitor) licensed in the relevant province. In Quebec, the Civil Code of Quebec applies rather than common law rules, and notaries have broader authority than in other provinces.

A Canadian Affidavit of Identity is needed when a person's name appears differently across official documents -- for example, when a birth certificate reads one name variant but immigration documents or provincial identification cards use another. This commonly occurs with immigrants whose names have been transliterated differently between documents, or with individuals who have undergone name changes through marriage, divorce, or cultural naming conventions.

Banking institutions in Canada require identity verification under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and FINTRAC regulations. When there are discrepancies between a customer's identification documents and the information on file, an Affidavit of Identity may be accepted as supporting documentation to resolve the discrepancy without requiring a formal legal name change.

Real estate transactions registered through provincial land titles offices (such as Ontario's Land Titles Act, R.S.O. 1990, c. L.5) frequently require identity affidavits when the name on the deed differs from the seller's current identification. Immigration applications to IRCC (Immigration, Refugees and Citizenship Canada) may require affidavits to confirm identity when supporting a sponsorship application, refugee claim, or proof of relationship.

Provincial agencies such as ServiceOntario, ICBC (Insurance Corporation of British Columbia), and Service Alberta may accept an Affidavit of Identity when processing applications for replacement identification documents, driver's licences, or health cards. Without this affidavit, individuals may be unable to access bank accounts, complete property transactions, or obtain replacement identification.

The individual's full current legal name, all former names, aliases, and name variations must be listed. This includes maiden names, married names, and any transliterations or alternative spellings used on foreign-issued documents. Each variation should be clearly stated as referring to one and the same person. Canadian identification numbers -- including the provincial driver's licence number and passport number -- help establish identity.

The specific reason for the name discrepancy or identity verification need should be explained, whether due to marriage, divorce, immigration, typographical errors on official documents, cultural naming conventions, or informal use of a nickname. The affiant must state that they have personal knowledge of the facts set out in the affidavit.

The jurat -- the clause at the end confirming where, when, and before whom the oath was administered -- is mandatory in Canadian affidavits. Without a properly completed jurat signed by both the affiant and the administering official, the affidavit is invalid and will be rejected by courts, land titles offices, and administrative bodies.

A clear sworn statement that all information is true must reference the applicable perjury provisions under the Criminal Code of Canada, Section 131. The affidavit must be sworn before a commissioner of oaths, notary public, or lawyer licensed in the relevant province. Supporting documentation such as copies of identification documents showing the different name variations should be attached as exhibits, with each exhibit stamped and signed by the commissioner.