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Create a Canadian Affidavit of Residency with our free online generator. This sworn legal document provides a written declaration confirming that an individual resides at a specific address within a Canadian province or territory. References the Canada Evidence Act (R.S.C., 1985, c. C-5) and Criminal Code s.131. Commonly used for school enrollment, provincial health card applications, tax residency, and government benefit applications. Download as PDF or Word.

What Is a Affidavit of Residency (Canada)?

A Canadian Affidavit of Residency is a sworn legal document in which an affiant declares under oath or solemn affirmation that an individual resides at a specific address within a Canadian province or territory. This affidavit is used as proof of residence when standard documentation -- such as utility bills, lease agreements, or mortgage statements -- is unavailable or insufficient. The document establishes where a person lives for purposes of school enrollment, provincial health coverage, tax jurisdiction, government benefits, and various legal proceedings.

Residency requirements in Canada are governed by a combination of federal and provincial legislation. For provincial health coverage, each province's health insurance act (such as Ontario's Health Insurance Act, R.S.O. 1990, c. H.6, or BC's Medicare Protection Act, R.S.B.C. 1996, c. 286) establishes residency requirements. For tax purposes, the Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)) and Canada Revenue Agency (CRA) guidelines determine tax residency based on residential ties including the location of a dwelling, spouse, and dependants.

The Affidavit of Residency is distinct from an Affidavit of Domicile: under Canadian common law, residency refers to where a person currently lives, while domicile refers to a person's permanent legal home. An individual can change residences frequently but retains a single domicile. This affidavit addresses the factual question of current habitation rather than the legal question of permanent home.

When Do You Need a Affidavit of Residency (Canada)?

A Canadian Affidavit of Residency is frequently required for school enrollment under provincial education legislation. Under provincial education acts (such as Ontario's Education Act, R.S.O. 1990, c. E.2), children must attend school in the district where they reside. When a family lives with relatives or friends and has no lease or utility bills in their name, an Affidavit of Residency from the homeowner or leaseholder confirms the child's residency in the school district.

Provincial health coverage applications -- including OHIP (Ontario), MSP (British Columbia), and AHCIP (Alberta) -- require proof of residency, particularly for new arrivals to the province. Individuals who are staying with family members and do not have standard documentation may use this affidavit to satisfy the residency requirement.

The Canada Revenue Agency (CRA) uses residential ties to determine an individual's tax residency status, which affects their obligation to file Canadian tax returns and their eligibility for benefits such as the Canada Child Benefit (CCB) and GST/HST credit. An Affidavit of Residency may support a determination of residency when other documentation is ambiguous.

Government benefit applications -- including Employment Insurance (EI), Old Age Security (OAS), and provincial social assistance programs -- require proof of residency. Immigrants awaiting permanent resident cards, individuals in transitional housing, or those living with family members may use this affidavit to meet residency requirements. Without proof of residency, individuals may be denied school enrollment, health coverage, tax benefits, and various provincial services.

What to Include in Your Affidavit of Residency (Canada)

The affiant's full legal name, address, occupation, and relationship to the person whose residency is being confirmed must be clearly stated. The affiant is typically the homeowner or leaseholder at the address who can confirm that the individual resides there. The affiant must have personal, firsthand knowledge of the living arrangement. The occupation is a standard requirement in Canadian affidavits.

The full legal name and the complete residential address (street address, unit number, municipality, province, and postal code) of the person whose residency is being established must be included. The duration of residency at the current address -- the start date and confirmation that the person currently resides there -- is essential. Canadian postal codes follow the A1A 1A1 format.

A statement describing the nature of the living arrangement (renting a room, staying with a family member, shared household) provides context. For school enrollment, additional information may include the names and ages of school-age children. For tax purposes, evidence of intent to remain (employment, vehicle registration, provincial driver's licence) strengthens the affidavit.

The jurat confirming where, when, and before whom the oath was administered is mandatory. The affidavit must be sworn before a commissioner of oaths, notary public, or lawyer licensed in the relevant province. Supporting documentation -- such as the homeowner's property tax assessment, utility bill, or lease agreement showing the address -- should be attached as exhibits, with each exhibit stamped and signed by the commissioner.

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