AD65 – Notarized Documents, Sworn Affidavits and Declarations

Records of transactions completed by notaries public or commissioners for taking affidavits employed by the University.

This records class is a Personal Information Bank.

Responsible Unit | Information Steward | Information Confidentiality Classification | Retention | Disposition | Authority | Retention Rationale | Personal Information BanksVersion Information

Content & Scope

Certain employees of the University are authorized to perform acts such as taking affidavits and statutory declarations or certifying copies of documents relating to University business by virtue of being entitled to practise law in Ontario or by having an appointment as Notary Public or Commissioner of Affidavits approved by the Ministry of the Attorney General.

The records include identification information, copies of identification documents, affidavits, copies of certified documents, copies of government forms, and copies of certifications and declarations.

Responsible Unit

  • Legal & Immigration Services.
  • Units employing Commissioners for Taking Affidavits.

Information Steward

Vice President, Academic and Provost.

Information Confidentiality Classification

Highly Restricted.

Retention

6 years after the end of the year in which the transaction was completed.

Disposition

Secure Destruction.

Note

Responsible Units should document the disposal/destruction of official records using the University records destruction form or equivalent documentation, to verify that we are following our records retention rules.

Authority

  • Notaries Act.
  • Commissioners for Taking Affidavits Act.
  • Evidence Act (Ontario), s. 16 & s. 17.

Retention Rationale

The basic limitation under the Limitations Act, 2002 is 2 years from the day on which the claim was discovered. Keeping the records for 6 years allows for claims that are discovered after the date of the transaction.

Personal Information Banks

The personal information of clients includes: copies of government-issued identification, copies of certified documents which may contain a variety of personal information, and copies of declarations.

Approval Date

14 April 2010