OSAP Common-Law Status Affidavit

An OSAP common-law status affidavit is a sworn statement confirming that you and your partner meet Ontario's legal definition of a common-law relationship for student financial aid purposes. Your school's financial aid office uses this document to determine whether your partner's income should be included in your OSAP funding assessment.

Because it is sworn under oath (or affirmed), the affidavit carries legal weight. An unsworn declaration will not be accepted. Swearing a false affidavit constitutes perjury under section 131 of the Criminal Code of Canada, which carries a maximum penalty of 14 years' imprisonment.

If you are applying for OSAP and you live with your partner in a common-law relationship, your financial aid office may request this affidavit before releasing or adjusting your funding. Once OSAP classifies you as common-law, you are assessed as an independent student: your partner's income and assets factor into your financial need calculation instead of your parents'.

The template collects personal details about both you and your partner, along with information about your shared living arrangement and any children. You fill it in before your appointment so the notary or commissioner can focus on verifying your identity and administering the oath.

The commissioning process is straightforward, but you do need to arrive prepared. The notary or commissioner must verify your identity before administering the oath, so valid photo ID is essential.

At your appointment, the notary or commissioner checks your government-issued photo ID, confirms you understand you are making a statement under oath, and watches you sign the document. They then complete the jurat: the clause recording the location, date, and the name of the person before whom the oath was taken. The document is stamped and becomes legally binding.

You can also complete this process virtually under Ontario Regulation 431/20. Both you and the commissioner must be located in Ontario during the video call, and the commissioner must be able to observe you signing in real time. At Minute Notary, commissioning is a flat $19.90 per stamp; for this affidavit, that typically means one stamp.

Once your financial aid office receives the sworn affidavit, they will include your partner's income in your OSAP assessment. If your relationship status changes during your study period (for example, if you separate), you are required to report that change to your financial aid office. Your funding may then be recalculated based on your individual circumstances.

Only the OSAP applicant (the student) typically needs to swear this affidavit. However, your school may also request supplementary documents from your partner, such as a Notice of Assessment from the CRA. Check with your financial aid office for their specific requirements.