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Create a Canadian Affidavit of Ownership with our free online generator. This sworn legal document provides a written declaration confirming a person's or entity's ownership of specific property, assets, or items under Canadian law. References the Canada Evidence Act, Criminal Code s.131, and the Personal Property Security Act (PPSA). Commonly used for vehicle registration transfers, real estate matters, insurance claims, and estate distributions. Download as PDF or Word.

What Is a Affidavit of Ownership (Canada)?

A Canadian Affidavit of Ownership is a sworn legal document in which the affiant declares under oath or solemn affirmation that they are the legal owner of specified property -- whether a vehicle, real estate, personal property, or business assets. The affidavit serves as supplementary or substitute proof of ownership when title documents are lost, destroyed, or unavailable, or when ownership needs to be established for legal, insurance, or transactional purposes.

Ownership of personal property in Canada is generally governed by provincial sale of goods legislation (such as Ontario's Sale of Goods Act, R.S.O. 1990, c. S.1) and the Personal Property Security Act (PPSA) in each province, which creates a registration system for security interests (liens) on personal property. For titled property such as vehicles, provincial motor vehicle registries (ServiceOntario, ICBC, Service Alberta) provide the primary evidence of ownership. For real estate, provincial land titles systems and land registry offices maintain ownership records.

The affidavit carries legal weight because false statements constitute perjury under Section 131 of the Criminal Code of Canada (R.S.C., 1985, c. C-46), punishable by up to 14 years imprisonment. Courts, insurance companies, and government agencies accept ownership affidavits as evidence, though the weight given varies depending on available corroborating documentation. Unlike a title document or certificate of registration, an affidavit does not independently convey or create ownership rights -- it provides sworn testimony regarding existing ownership.

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

A Canadian Affidavit of Ownership is most commonly needed in vehicle registration situations. When a vehicle permit (ownership) has been lost and the owner needs to apply for a duplicate through a provincial ministry of transportation -- such as ServiceOntario under the Highway Traffic Act (R.S.O. 1990, c. H.8), ICBC in British Columbia, or Service Alberta -- an Affidavit of Ownership may be required as part of the application. This is also necessary for vehicles acquired through informal means such as estate distributions, gifts, or private sales where the registration was never properly transferred.

Insurance claims for damaged or stolen property often require proof of ownership. When purchase receipts or registration documents are unavailable, an Affidavit of Ownership allows the claimant to establish their interest in the insured property. Homeowners filing claims through their provincial insurance framework after natural disasters may use this document when original records were destroyed.

Real estate transactions registered through provincial land titles offices may require an ownership affidavit when there are gaps in the chain of title, when a property has been informally transferred between family members, or when a deed was never properly recorded. Title insurance companies and real estate lawyers use these affidavits to clear title defects.

Business owners may need this affidavit to establish ownership of equipment, inventory, or assets during business sales, partnership disputes, or creditor negotiations under the PPSA framework. Without proof of ownership, individuals may be unable to sell or transfer property, file insurance claims, obtain financing, or defend against wrongful claims.

What to Include in Your Affidavit of Ownership (Canada)

The affiant's full legal name, address, occupation, and relationship to the property must be clearly established. The affiant must have personal knowledge of the ownership -- either as the owner themselves or as someone with direct knowledge of how ownership was acquired. The occupation is a standard requirement in Canadian affidavits.

A detailed description of the property is critical. For vehicles, this includes the year, make, model, VIN, colour, and provincial registration or permit number. For real estate, the legal description (lot and plan, metes and bounds, or municipal address with PIN number for Ontario Land Titles) must be provided. For personal property, serial numbers, distinguishing features, and condition should be documented.

The manner in which ownership was acquired must be stated: purchase (with approximate date and from whom), inheritance, gift, or other lawful means. A declaration that the property is free from liens and PPSA registrations protects any party relying on the affidavit. If liens or encumbrances exist, they should be disclosed to avoid fraud liability.

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 photographs, prior registration records, or purchase receipts -- should be attached as exhibits, with each exhibit stamped and signed by the commissioner.

Frequently Asked Questions