Your Guide to the Affidavit of Vehicle Ownership in Ontario

An Affidavit of Vehicle Ownership is a legal document that serves as proof of vehicle ownership in the absence of proper documentation.

Losing critical documents can be stressful, especially when they’re required to prove ownership of your vehicle. This guide covers what an Affidavit of Vehicle Ownership is, when you’ll need one, and how to get yours notarized. Keep reading to learn how an Affidavit of Ownership can provide you with a reliable, legally sound record in the absence of proper documentation.

What is an Affidavit of Vehicle Ownership?

An Affidavit of Vehicle Ownership is a sworn legal document that outlines details about your used vehicle purchase. It proves you own your vehicle when you’re unable to produce a proof of ownership document, such as a Bill of Sale. You may need this Affidavit if your original Bill of Sale is lost, damaged, or inaccessible. 

An Affidavit of Vehicle Ownership outlines when you bought your vehicle and who you bought it from. In this Affidavit, you need to explain why you cannot produce documentation proving ownership of your vehicle. 

To be valid, an Affidavit of Vehicle Ownership must be notarized by an official authorized to administer oaths and affirmations by law. The person making the Affidavit (the affiant) must swear or affirm that the information they’ve provided is true before the authorized official.

Does an Affidavit of Vehicle Ownership Need to Be Notarized in Ontario?

Yes, to be valid, an Affidavit of Vehicle Ownership must be notarized by an official authorized to administer oaths and affirmations by law. During notarization, the affiant swears or affirms that the information they’ve provided is true before the official.

This is what you can expect during a remote or in-person notary appointment:

• An authorized official will confirm your identity and that you’ve made your statements without coercion. 
• The official will make sure that you understand what you’re signing. 
• You’ll swear or affirm that the contents of your affidavit are truthful, accurate, and complete. 
• You will also sign the Affidavit and the official will witness your signature. 
• The authorized official will sign the Affidavit and stamp it with a notary seal. 

An authorized official can be a:

• Judge
• Notary public
• Lawyer
• Justice of the peace
• Commissioner of oaths
• Minister
• An official at certain local municipalities

What Details Should an Affidavit of Vehicle Ownership Contain?

An Affidavit of Vehicle Ownership is a legal document that must contain certain details to be valid and complete. These details include:

• Your Personal Information: Your full legal name, address, date of birth, and place of birth.
• Vehicle Details: Your vehicle’s make, model, year, colour, class, license plate number, vehicle type, and vehicle identification number (VIN).
• The Seller’s Information: The seller’s full legal name and contact information.
• Purchase Details: The date you purchased the vehicle and its purchase price. 
• Reason(s) You Don’t Have Proof of Ownership: A clear explanation to demonstrate why you cannot provide other proof of ownership. For example, the seller didn’t provide documentation.
• Steps Taken to Obtain Proof of Ownership: Outline the steps you’ve taken to get a Bill of Sale and explain why they weren’t successful.
• Recipient of Your Affidavit: This section states where the Affidavit is going (court, government organization, etc.) and that it’s not made for unlawful purposes.
• Your Signature: You must sign the Affidavit in front of an authorized official, who will witness your signature.
• The Authorized Official’s Signature: An authorized official, like a notary public, must sign, stamp, and date the Affidavit to make it official. 

When do I need an Affidavit of Vehicle Ownership in Ontario?

You may require this Affidavit if you need to prove vehicle ownership but don’t have the proper documentation. This can be because you weren’t given the correct documentation during a private sale, lost your documentation, and more. Below are several situations that might require you to provide an Affidavit of Vehicle Ownership:

• Being Gifted a Vehicle: If you’ve been gifted a vehicle and don’t have a Bill of Sale, this Affidavit can provide evidence of ownership for the transfer.
• Lost Documents when Registering a Used Vehicle: In Ontario, you must register a used vehicle within six days of purchase with Service Ontario. If you don’t have a Bill of Sale, you can provide a notarized Affidavit of Vehicle Ownership instead.
• Inheriting a Vehicle: You may have inherited a vehicle from a family member or friend, and don’t have a Bill of Sale. An Affidavit can prove your ownership of the vehicle.
• Unique Situations: In certain circumstances, like recovering a stolen vehicle without proper documentation, an Affidavit of Vehicle Ownership can be essential.

The Purpose of an Affidavit of Vehicle Ownership in Ontario

In Ontario, the purpose of an Affidavit of Vehicle Ownership is to provide a credible record of ownership for your vehicle. This facilitates smooth legal and administrative processes — while helping to protect both parties in the transaction. Here’s a deeper dive into some specific reasons this Affidavit is critical:

• Resolving and Preventing Disputes: In the event of misunderstanding or disputes, this Affidavit offers a reliable record to address concerns and provide clarity.
• Facilitating Administrative Processes: Institutions, authorities, and individuals require documented proof of ownership. This Affidavit streamlines administrative processes by providing a reliable record.
  

• Protecting Parties’ Interests: As a sworn statement, this Affidavit protects the buyer’s and seller’s interests. The document captures essential details of the sale, including the date and parties involved, ensuring a comprehensive record.
• Proving Ownership for Legal Proceedings: You may be involved in a legal case that requires you to prove you own your vehicle. If you don’t have a Bill of Sale, an Affidavit of Vehicle Ownership can be used instead.

What if I don’t have the Seller’s Information?

If you don’t have the seller’s full legal name, that’s not a problem. You can order a Used Vehicle Information Package from Service Ontario. This package contains the first and last names of every person who has previously owned your vehicle. You can order this package from the Service Ontario website for $20.

Tips to Help you Prepare an Affidavit of Vehicle Ownership

Drafting your Affidavit with NotaryPro is a breeze with our free, customizable Affidavit of Vehicle Ownership template. Simply fill in the blanks, and get a perfectly formatted Affidavit sent to your email in minutes. To prepare for drafting, consider the points below:

• Identify the Need: Identify why you require this Affidavit, and whether the original bill of sale is missing, damaged, or inaccessible.
• Assemble Transaction Details: Provide all relevant details about the transaction, including the parties’ names and addresses, vehicle description, purchase price, and transaction date.
• Outline Your Efforts: Explain the steps you’ve taken to locate the proper paperwork and why you’ve been unsuccessful in obtaining it. Include any details you feel will help explain your situation.
• Schedule a Notary Appointment: This finalizes your Affidavit and makes it legally valid. You can complete this step online from the comfort of your home, office, or anywhere with a Wi-Fi connection. Book a virtual notary appointment today and get your Affidavit notarized in under 7 minutes.
• Keep Multiple Copies: Maintain copies of the signed Affidavit for your records. This ensures you have a readily available ownership document in case you require it in the future.

Draft Your Affidavit of Vehicle Ownership Today

In Ontario, an Affidavit of Vehicle Ownership enables you to prove ownership of your vehicle in the absence of proper documentation. It is handy when original ownership documents (like a Bill of Sale) are lost, damaged, or inaccessible. 

This document helps to resolve misunderstandings and streamline administrative processes — while protecting the buyer’s and seller’s interests. Hopefully, this post has provided you with a better understanding of how an Affidavit of Ownership works. 

Get started with our free Affidavit of Vehicle Ownership template today! Then, get it notarized from wherever you are — in under minutes.