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Home Templates Business & Professional Affairs Free Affidavit of Publication Template
6+ People have utilised this Template

Free Affidavit of Publication Template

A sworn declaration provided by a newspaper or printer affirming that a specific notice was published. Essential for probate, foreclosures, name changes, and corporate filings. This template includes the required fields for publication dates, newspaper name, and the notary jurat to certify the publisher’s signature.

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Other Names: Proof of Publication Publisher’s Affidavit Affidavit of Printer Certificate of Publication Affidavit of Insertion Affidavit of Formation Publication Proof of Service by Publication
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Contents

  • What is an Affidavit of Publication?
  • When Do You Need an Affidavit of Publication?
  • Details an Affidavit of Publication Should Contain
  • Legal and Administrative Uses of an Affidavit of Publication
  • Does an Affidavit of Publication Need to Be Commissioned?
  • Frequently Asked Questions

What is an Affidavit of Publication?

An Affidavit of Publication is a legal document that formally states that a specific publication was published and made available to the public.

These publications can include newspapers, magazines, periodicals, and official gazettes. This Affidavit functions as a sworn statement provided by the publisher, affirming the authenticity and circulation of the publication at hand.

An Affidavit of Publication can provide critical evidence in legal and administrative contexts where proof of publication is needed.

An Affidavit of Publication:

  • Confirms that the publication of a specific issue or edition was published.
  • Verifies details regarding the publication’s title, date, and content.
  • Provides evidence of the publication’s circulation and public availability.
  • Assists in legal proceedings or regulatory compliance when proof of publication is required by law.

This Affidavit is especially important when statutes or regulations require public notice of legal action, regulatory changes, or government decisions.

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When Do You Need an Affidavit of Publication?

In Canada, you might need a Publisher’s Affidavit of Publication in the following circumstances:

  • To fulfill legal notice requirements for public announcements, legal ads, and government notifications
  • To provide evidence of publication for compliance requirements and administrative filings
  • To support legal action or disputes for proof of public notice or publication timeline
  • To verify publication dates for matters related to copyright, public records, or licensing

Government departments and courts typically rely on published notices to demonstrate transparency and compliance with statutory requirements.

Details an Affidavit of Publication Should Contain

Your Publisher’s Affidavit should include the details below to be considered valid. Below are the typical components required for Affidavits of Publication across Canada:

  • Publisher’s information: The legal name, address, and contact details of the publisher.
  • Publication details: The title of the publication and the issue or edition being affirmed.
  • Publication content: Confirmation that the content (e.g., a notice, announcement, etc.) appeared as stated in the issue.
  • Circulation information: How and where the publication is distributed (e.g., print, online circulation, etc.).
  • Affirmation of publication: A sworn statement attesting that the publication has been made available to the public as required.
  • Signatures: Publisher’s signature, date, and affirmation that the details are true and accurate.
  • Commissioning: An authorized official’s (like a notary’s) signature and seal to certify the Affidavit’s authenticity, making it stronger as evidence.

Legal and Administrative Uses of an Affidavit of Publication

Affidavits of Publication are used in various contexts, from court to regulatory requirements. You may need one in the situations below:

Court Requirements

Probate and estate notices: When publishing estate administration notices to creditors or the public to confirm that the notice ran as legally required (e.g., to satisfy provincial estate rules).

Confirmation of publication for litigation: To prove that a legally mandated notice was publicly published, especially if a court proceeding depends on public awareness of a legal action.

Settlement notices: A requirement as part of the court record for complex litigation, like class action lawsuits.

Corporate and Administrative Public Notices

Official announcements or notifications: To prove compliance when laws or regulations specify that a notice must be published (often in newspapers and Gazettes).

Corporate law notices: Certain business or corporate actions (e.g., dissolution or restructuring) may require proof of newspaper publication to satisfy federal or provincial laws.

Regulatory compliance: Government agencies may require proof that specific public notices were issued and published to meet regulatory transparency requirements.

Zoning, hearings, and municipal actions: To confirm that public notices regarding zoning changes, public hearings, or municipal decisions were properly disseminated.

Note: This is not an exhaustive list, and an Affidavit or Publication can be required for other situations where a published notice must be supported by formal, sworn evidence.

Does an Affidavit of Publication Need to Be Commissioned?

An Affidavit of Publication must be commissioned by an authorized official, like a notary public or commissioner of oaths, to be valid.

During commissioning, you swear or affirm that the contents of your Affidavit are true before the official. You’ll sign your Affidavit while the official witnesses your signature, and they’ll sign it too. Check out our blog to learn more about the process of commissioning.

You can meet with a notary public online to have your Affidavit of Publication commissioned in 7 minutes, from anywhere.

Providing false or inaccurate information in an Affidavit may constitute perjury, a criminal offence in Canada.

Frequently Asked Questions

An Affidavit of Publication is typically used for print publications, such as newspapers. That said, some Canadian provinces now accept online publications as fulfilling notice requirements. It’s best to check the requirements of the relevant court, tribunal, or government body requesting proof of publication.

Yes, you can document multiple publications or advertisements with one Affidavit of Publication. Be sure to clearly list publication dates, contents, and identifying details for each instance.

An Affidavit of Publication serves to verify that the material was published according to requirements. It’s not designed to prove the accuracy of content.

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