OSAP AFFIDAVITS: EXPLAINED

Notarization   |    Nov 10, 2024      | By: Harbir Singh

Are you a student in Ontario? Then chances are, you will be seeking assistance from the Ontario Student Assistance Program, also known as OSAP. When applying you will be required to provide specific information regarding your situation and provide supporting documentation.

If there are certain facts that you are unable to provide documentation for, you may be asked to provide an OSAP Affidavit instead. Furthermore, you will need to get the OSAP Affidavit notarized, by a notary public. At HSB Legal Services we provide the options of in-person notary services and online notarization for OSAP affidavits.

OSAP Affidavits: What are they? 

In simple terms, an OSAP Affidavit is a sworn document containing a written statement of facts. The individual(s) making the affidavit are referred to as the “deponent” or “affiant”. For example, if an OSAP applicant is claiming that they are a sole parent and are unable to provide documentation to support their claim, they can optionally submit an OSAP Affidavit supporting their claim instead.

There are various other types of OSAP Affidavits, and we will go into more detail on that in the section below.

Types of OSAP Affidavits

There are numerous types of OSAP Affidavits, and every one of them need to be notarized. This can be done by visiting a notary public’s office. Types of OSAP Affidavits are:

1.     Sole Support Parent Status Affidavit:

In the case of a Sole Support Parent who does not have documentation to prove that they are in fact a Sole Support Parent, a Sole Support Parent Affidavit can be used. The qualifications of the Sole Support Parent Status, includes:

-          Must be separated, divorced, widowed, or single.

-          Have dependent child(ren) living with you at least 50% of the time during study period.

If you (the OSAP applicant), receives child support from your former partner, this does not necessarily disqualify you from sole support parent status. Furthermore, your dependent children can be your foster children, adoptive, or natural children. The age requirement for each child is 18 years of age or less, but can still qualify if they are older than 18, if they are:

-          Enrolled in high school, taking a minimum 60% course load.

-          Enrolled in a full-time university or college program, and left high school under 6 years ago

-          In the case of children studying abroad, you are required to be the last parent the child resided with,

-          Be disabled and completely dependent on you.

The Sole Support Parent Status Affidavit needs to contain specific information including your personal information, confirmation that you child(ren) will reside with you at least 50% of the time during the academic year, custody arrangement details, child support payments that you receive, and if applicable, the exact date of your divorce or separation.

2.     OSAP Affidavit of No Income (Spouse, Parent, or Student)

The purpose of this affidavit is just as it sounds, to prove that a student, their spouse, or parent has minimal to no income in a specific year. The information that should be included in the OSAP Affidavit of No Income, includes:

-          Personal Information (current address, and full name)

-          Information regarding where they resided the previous year

-          Information regarding the dates they resided in Canada and/or outside of Canada

-          Reason(s) for minimal to no income during that period

-          Information regarding how they afforded daily living expenses while having minimal to no income

3.     OSAP Affidavit of Common-Law Status

The purpose of this OSAP Affidavit is to prove the common-law status that you and your partner share. In the Province of Ontario, if you and your partner have been living together in a conjugal relationship, on a continuous basis for a minimum of three years (outside of marriage), you qualify as common-law partners. For OSAP purposes, you and your partner are required to have lived together for a minimum of three years as of the first day of your academic classes. It is important to note that if you and your partner share a child by birth or adoption, you qualify as common-law, even if you have not resided together continuously for three years.

The OSAP Affidavit of Common-Law status must include the following information:

-          Personal information (current address, and full name)

-          Written confirmation stating that you and your partner have lived in a conjugal relationship, outside marriage, for at least three years continuously, or

-          That you have lived with your partner in a conjugal relationship and share a child together, either naturally or by adoption

4.     OSAP Affidavit or Marital Status (Separated, Married, Widowed, or Divorced)

For those who are applying for OSAP and are married, separated, divorced, or widowed and do not have documentation to prove this, the other option is to submit an Affidavit of Marital Status. If you are looking to draft an OSAP Affidavit of Marital Status, there cannot be any dependent children living with you, for the duration of your study period.

If the Affidavit of Marital Status is to provide proof that you are married, both you and your spouse must sign the Affidavit. Furthermore, information that should be included in an OSAP Affidavit of Marital Status includes:

-          Personal information (current address and full name)

-          Explanation about why you do not have the required documents to prove your marital status

-          Marriage location and date (if applicable)

-          The date of your divorce or separation (if applicable)

-          Signatures: of you and your spouse (if married)

5.     OSAP Affidavit of Foreign or Non-Taxable Income

Have you, your parent(s), or your spouse earned foreign or non-taxable income that you were not able to report to the CRA? In the case you may need an OSAP Affidavit of Foreign or Non-Taxable Income, if you are unable to provide the required documentation to prove your foreign or non-taxable income.

The OSAP Affidavit of Foreign or Non-Taxable Income, should include:

-          Personal information (including current address and full name)

-          When you/the person last lived in the foreign country (if applicable)

-          Totals of the income that was received in the foreign country’s currency

-          Explanation if why you are unable to submit the required documentation

-          Information regarding the source of the foreign or non-taxable income payments

6.     OSAP Affidavit of Indigenous Identity

For students who are applying for OSAP, at least $3,600 of the payments are required to be contributed towards the payment of post-secondary studies unless you are indigenous. This is known as the student fixed contribution.

But, there is an exception if you identify as an Indigenous, in that case, applicants are exempt from the student fixed contribution. If you claim to be of Indigenous identity, but cannot provide acceptable documentation to confirm this, then you have the option of providing an OSAP Affidavit of Indigenous Identity. This Affidavit should include the following information:

-          Personal information (address and full name)

-          Declaration of your Indigenous identity

-          Specify the category of Indigenous Peoples you identify as

Conclusion

If you are a permanent resident, citizen, or protected person in Canada and reside in Ontario, you may qualify for the Ontario Student Assistance Program (OSAP). This program would provide you with financial assistance, while completing post-secondary studies.

There are certain factors that contribute to whether you qualify, and how much financial assistance you would be given under the program. You would need to provide documentation proof, to support your situation. If you are unable to provide documentation proof, you may have the opportunity to provide an OSAP Affidavit instead.

There are numerous types of OSAP Affidavit’s, depending on your situation. Also, these OSAP Affidavits are required to be notarized, and you can visit a notary public in Ontario to have the Affidavit notarized. If you are looking for a notary public near you, you can go online and type in “ notary public near me ” or give us a call at (647) 285-5898. We provide online notarization as well for OSAP Affidavits, and it can be done from the comfort of your home.