The Non Foreign Affidavit is a critical document in Canadian business and legal practice, commonly required in situations where verification of non-foreign status is essential for regulatory compliance. This document becomes necessary during real estate transactions, corporate acquisitions, or investment activities where foreign ownership restrictions apply. The affidavit must include specific declarations about citizenship, permanent residency, or corporate ownership structure, depending on whether the affiant is an individual or entity. It serves as a protective measure ensuring compliance with Canadian foreign investment regulations and ownership restrictions. The document must be executed in accordance with federal and provincial requirements for sworn statements, typically requiring proper witnessing by authorized officials such as notaries public or commissioners of oaths. The Non Foreign Affidavit is particularly relevant in jurisdictions with strict foreign ownership regulations and helps organizations maintain compliance with Canadian foreign investment review requirements.
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1. Affiant Information: Identifies the person making the affidavit, including full legal name, address, and capacity in which they are making the declaration
2. Purpose of Affidavit: States the purpose of the affidavit and identifies any related transaction or property
3. Citizenship/Residency Declaration: Core declaration of citizenship or permanent residency status in Canada
4. Supporting Facts: Details supporting the non-foreign status, such as place of birth, citizenship documents, or residency history
5. Verification: Statement verifying that all information provided is true and correct
6. Penalty of Perjury Statement: Standard statement that the declaration is made under penalty of perjury
7. Execution: Signature block, notary acknowledgment, and date of execution
1. Corporate Status Declaration: Required when the affiant is making the declaration on behalf of a corporation, confirming the entity's non-foreign status
2. Property Description: Required when the affidavit relates to specific real property, providing legal description and address
3. Ownership Structure: Required for entities to detail the ownership structure and confirm no foreign ownership exceeds permitted thresholds
4. Additional Declarations: Required for special circumstances such as trust arrangements or complex ownership structures
5. Prior Residency History: Optional section detailing historical residency status when relevant to establishing non-foreign status
1. Schedule A - Property Details: Detailed legal description of property and related information when applicable
2. Schedule B - Supporting Documents: List and copies of documents evidencing citizenship or permanent residency status
3. Schedule C - Corporate Structure: Organizational chart or detailed description of corporate ownership structure when applicable
4. Appendix 1 - Definitions: Definitions of key terms used in the affidavit, particularly legal definitions of 'foreign person' under applicable laws
Relevant legal definitions
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Corporate Services
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Banking and Finance
Investment Management
Property Development
Agriculture (for farmland)
Natural Resources
Manufacturing
Commercial Property
Relevant Teams
Legal
Compliance
Real Estate
Corporate Governance
Risk Management
Business Development
Investment
Operations
Administrative Services
Property Management
Relevant Roles
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Corporate Secretary
Real Estate Agent
Property Manager
Compliance Officer
Investment Manager
Business Development Manager
Real Estate Developer
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Corporate Governance Specialist
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