Swearing a Guardianship Affidavit in BC: Commissioners, Notaries, and the 7-Day Rule

The guardianship affidavit is the most important document in your application. It's the sworn statement that tells the court who you are, why you're caring for this child, and why granting you guardianship serves the child's best interests. Getting it sworn correctly — and on time — is where many self-represented applicants stumble.

What the Affidavit Contains

In Provincial Court, the guardianship affidavit is Form 5. In Supreme Court, it's Form F101. Both require you to swear or affirm under oath that the following information is true:

• Your detailed relationship history with the child — how long you've known them, how long they've lived with you, and the circumstances that brought them into your care
• The child's current living arrangements and physical residence
• Your proposed plan for caring for and raising the child
• Details about every other adult (19 or older) living in your household
• Three mandatory background checks attached as exhibits:
  • Criminal Record Check from local police or RCMP
  • MCFD Child Protection Record Check
  • Protection Order Registry search

The content of your affidavit is what the judge reviews to decide whether your application meets the Section 37 best-interests standard. A vague or incomplete affidavit creates doubt; a detailed, factual one makes the judge's decision straightforward.

Where to Get It Sworn

"Swearing" an affidavit means taking an oath (on a religious text) or an affirmation (a secular equivalent with identical legal effect) before an authorized official who then signs the document as a witness. In BC, three types of officials can commission your affidavit:

Commissioner for Taking Affidavits — many lawyers, paralegals, and court registry staff hold this appointment. Some registry clerks can commission affidavits; check with your registry about availability and fees before attending.

Notary Public — BC notaries commission affidavits as a standard service. Fees range from $20 to $50 per document depending on the notary. You can find a notary through the Society of Notaries Public of BC.

Lawyer — any practicing BC lawyer can commission affidavits. If you're using a lawyer for any part of your application (even a one-hour review), they'll typically include the swearing as part of that service.

If your registry offers commissioning, ask what to bring. Have your completed, unsigned Form 5 and all exhibits ready; you'll sign in the official's presence, and they'll administer the oath or affirmation and sign the document.

The 7-Day Rule

This is the rule that catches people. Under Provincial Court Family Rules, Form 5 must be sworn or affirmed no more than 7 days before you file it at the court registry. If you swear the affidavit on Monday and don't file until the following Wednesday (9 days later), it's invalid and you'll need to re-swear it.

The 7-day rule exists because the court wants your sworn information to be current. But it creates a timing pressure: you need to have everything ready — all three background checks, the completed form, every exhibit — before you visit the commissioner. Swearing an incomplete affidavit isn't an option.

The 60-Day Window Interaction

Your three background checks each carry a separate deadline: they must be dated within 60 days of the date Form 5 is filed at the court registry. This creates a coordination challenge with the 7-day swearing rule:

1. You receive the last background check (often the MCFD check, which routinely takes several weeks)
2. Each check must be dated within 60 days of filing, so the oldest check sets the earliest deadline
3. But first you must swear the affidavit — within 7 days of filing

In practice, this means: receive the final check → within the next few days, get the affidavit sworn → within the next 7 days, file at the registry. Any delay in the middle — you get sick, the notary is booked — compresses the timeline.

Common Mistakes to Avoid

Swearing too early. Don't get the affidavit sworn before all three background checks arrive. You need to attach them as exhibits before swearing, and adding exhibits to a sworn document after the fact isn't permitted.

Missing exhibits. Every background check must be physically attached to the affidavit as a lettered exhibit (Exhibit A, B, C). The commissioner initials each one. A loose check in the filing envelope doesn't count.

Forgetting household members. If anyone over 19 lives in your home, the court expects screening information for them too. Leaving this out gives the judge a reason to adjourn.

Using the wrong form. Form 5 is for Provincial Court; Form F101 is for Supreme Court. They ask similar questions but are formatted differently and filed under different rules. Using the wrong one means your filing gets rejected at the registry counter.

Not bringing ID. The commissioner needs to verify your identity. Government-issued photo ID — BC driver's licence, BC Services Card with photo, or passport — is required.

Electronic Filing

If you're filing through Court Services Online (CSO), the affidavit still needs to be physically sworn before a commissioner first. You can't swear a document electronically. Swear it in person, then scan and upload through CSO.

The government's Family Law Act Online Forms Assistant (available with a Basic BCeID account) can help you complete Provincial Court forms such as Form 1, Form 3, and Schedule 7. It does not replace commissioning Form 5 before you e-file it.

Putting It All Together

The swearing step sits at the intersection of every other deadline in your application. The BC Guardianship Court Process Guide sequences the background checks, the 60-day window, the 7-day swearing rule, and the filing and service deadlines into a single timeline — built specifically so self-represented applicants don't discover a timing conflict the day before their appointment with the notary.

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