DRAFT AGREEMENTS | AFFIDAVITS

| AFFIDAVIT IN SUPPORT OF QUARANTINE PLAN FOR TRAVELING TO CANADA |


   

CANADA                              }              IN THE MATTER CONCERNING 

PROVINCE OF ONTARIO    }               XXNU RXXI,                 

CITY OF BRAMPTON           }               IRCC AND CBSA


IMMIGRATION AND REFUGEE PROTECTION ACT (S.C. 2001, c. 27)

IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (SOR/2002-227)

CANADA EVIDENCE ACT (R.S.C., 1985, c. C-5)

        

To Wit:


I, XXsh XXana (D.O.B: XXX  5, 19XX; Passport Number: XK81XX17), a Citizen of Canada, residing at xx Faxxxay road, xxmxn, xntxxrio, Canada. 


SOLEMNLY DECLARE THAT:


1. I am a Citizen of Canada;

2. I am working full time as a Painter at XXXX and my phone number is +1 (647) 9X4 58XX;

3. I will be supporting, my relative [Maternal Aunt’s sister’s daughter], XXX XXX [UCI number:  11-XXXX-XXX; D.O.B:  XXXX 26, XXX] during her quarantine period of 14 days in Canada, which will be executed at the Comfort Inn, located at 5 XXX Road S. XXX, ON XXX 3J3; Contact Number: +1 (XXX) 452 XXX ext. 180;

4. I will be using my private vehicle, which will have a PVC partition between front and back seats, to pick up XXX XX from the airport when she arrives in Canada. XXX XXX will be sitting in the back seat and I will be driving her to her accommodation directly from the airport. Both of us will be wearing a complete PPE kit with N-95 mask, face shield and gloves to minimize any sort of risk;

5. We do not want to use public transportation or Taxi services to minimize the risk to other people who might use the same transportation service;

6. I will take XXX and her luggage directly to the pre-booked accommodation at X XXXX Road S. XXXX, ON XXX 3J3;

7. After I drop off XXX at her accommodation, I will return to my residence directly and sanitize the front and the back seat of the car thoroughly before taking a shower myself immediately after reaching home;

8. I will be providing her with all that is necessary items like food, grocery, medicines or any other item/s she requires during her quarantine period;

9. I assure you that I will provide her my support to help her successfully complete his quarantine period;

10. XXX XXX has booked her accommodation for quarantine near my residence, for ease of my commute, to deliver necessary items safely;

11. I will collect payment, for the delivered goods, from XXX XXX, after her quarantine period is over, to minimise contact during the quarantine period;

12. I will follow Government of Canada’s quarantine protocols, and make sure that I am not in contact with XXX XXX at any time, to ensure both of us remain at a safe distance from each other;

13. I assure you that I am going to practice physical distancing by maintaining a distance of at least 2 meters, at all times, while travelling/transporting;

14. I will be wearing an N-95 mask and gloves, at all times, during my contact with XXX XXX;

15. I will be carrying sanitizer with at least 75% alcohol concentration and use it frequently before and after touching any surface;

16. I will be extremely cautious and take care not to touch any surface, my body or anyone else while travelling;

17. I will monitor myself for symptoms of COVID-19 and immediately seek medical attention if required;

18. I assure you that I will comply with and adhere to all the present and future requirements mandated by the Government of Canada;

19. I am willing to sign and respect any further undertaking that the Government of Canada desires in this regard;


I make this solemn declaration in support of quarantine for, XXX XXX, and for no other improper purposes;


And, I, XXX XXX, make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.



SWORN (OR DECLARED), BEFORE ME                                                                            

AT BRAMPTON,                       

REGION OF PEEL,                                                   

PROVINCE OF ONTARIO,                                                                                                                            

THIS 23rd DAY OF DECEMBER, 2020                        }__________________________________                   

XXX XXX

Evidence attached:

1. Passport [XXX XXX].

2. Citizenship Certificate [XXX XXX].

3. Booking receipt for Comfort Inn.



Phone Numbers:

1. XXX Rani : +91 7056 XXX XXX

2. XXX XXX : +1 (647) XXX XXX

3. XXX XXX, AGM, Comfort Inn : +1 (905) 452 0600 ext. XXX



| REFERRAL AGREEMENT | 

This Referral Agreement (the “Agreement”) is entered into ____________________ (the “Effective Date”), by and between ________________________, with an address of ____________________________________ (the “Company”) and ____________________,with an address of ________________________________________ ___________________________________________, Passport Number of the Authorized Representative __________________________,with Business Registration Number ___________________________________ (the “Affiliate”), collectively “the Parties.”

1. Purpose. Company is in the business of ______________________________________. Company is desirous of gaining additional clients/customers for_________________________________________ ___ _________________________________. Affiliate is in a position to refer potential clients/customers to Company and is not an employee of the Company. Affiliate is not an ‘Agent’ of the company and does not have authority to act on company’s behalf in any legal capacity whatsoever. 

2. Referral Arrangement. Upon the Effective Date of this Agreement, Affiliate may, from time to time, refer potential clients/customers to Company. Company will pay Affiliate a fee for these referrals.

3. Client Records and Client Property. The Affiliate agrees to never, in any circumstances, hold any Client Records and/or Client Property and/or client information, in any format, at any point of time, before or after referring the client to the company. In case the Affiliate has to submit any 

4. Compensation. Company shall pay Affiliate ________ for each successful referral, where a successful referral is defined as a referral that becomes a client/customer of Company. Company shall pay Affiliate ________ for each unsuccessful referral, where an unsuccessful referral is defined as a valid referral candidate that does not become a client/customer of Company through no fault of Affiliate or Company; and a valid referral candidate is a potential client/customer that meets the specifications stated in Section 1 above. Company shall pay Affiliate within thirty (30) days of the completion of the case at Immigration, Refugees and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA), Immigration and Refugee Board of Canada (IRB), Service Canada OR when the amount is withdrawn from Company’s Trust Bank Account to General Bank Account.

5. Term. This Agreement shall commence upon the Effective Date, as stated above, and will continue until ____________________________________________________________.

6. Confidentiality. During the course of this Agreement, it may be necessary for Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Affiliate in order for Affiliate to seek out potential referrals. Affiliate will not share any of this proprietary information at any time. Affiliate also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or the early termination by either party.

7. Termination. This Agreement may be terminated at any time by either Party upon _____ day’s written notice to the other party. Upon termination, Company shall pay Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid as per the terms laid out in section 4 of this agreement.

8. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

9. Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

11. Disclaimer of Warranties. Affiliate shall refer potential clients/customers as requested by Company. AFFILIATE WILL ENSURE OR WARRANT THAT SUCH REFERRALS WILL BE PREQUALIFIED AND ACT IN THE BEST INTEREST OF THE COMPANY TO CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE OR BRAND RECOGNITION. AFFILIATE HAS A RESPONSIBILITY TO COMPANY IF THE REFERRALS DO NOT LEAD TO COMPANY’S DESIRED RESULT(S). 

12. Non-Compete Clause. During the term of this Agreement and for ______ years after termination, the Affiliate shall not compete with the Company directly or indirectly in the sale or promotion of services, the same as or similar to the Company’s services.

13. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. 

14. Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 

15. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

16. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

17. Governing Law and Jurisdiction. This Agreement shall be governed by the laws in effect in the Province/Territory of ________________, and the federal laws of Canada applicable therein and except for disputes pursuant to any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of _______________________.

18. Independent Legal Advice. The Affiliate acknowledges that he/she has had sufficient time to review this Agreement and has been given an opportunity to obtain independent legal advice prior to the execution and delivery of this Agreement. In the event the Affiliate did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defence to the enforcement of obligations created by this Agreement.

19. No Use of Trademarks. Nothing contained herein shall give either Party any right to use any trademark/s or logo/s of the other Party. All trademarks and service marks adopted by Customer to identify the Product or a Customer Product are and shall remain the property of the Company or relevant regulatory body.

20. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein.


The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:


“COMPANY”


Signed: _____________________________________


By: ________________________________________


Date: _______________________________________



“AFFILIATE


Signed: _____________________________________


By: ________________________________________


Date: ______________________________________


| AFFIDAVIT FOR OSAP |


I,                                                         , of the City of                                             in the Province of Ontario do  

SOLEMNLY DECLARE AS FOLLOWS:

           (Delete this statement, and whichever statements below don’t apply to you, and edit as necessary)

My current marital status is SINGLE and I have never been married.

My current marital status is SINGLE and I have been separated or divorced since                                            .

I am the biological, custodial and sole-supporting parent of the following child(ren):

                                                                       

                  (Name of child)                                (Date of Birth)


                                                                       

                  (Name of child)                                (Date of Birth)

The above child(ren) will be living with me on a full-time basis during my study period, at the following address: ______________________________________________ .

I receive monthly child support payments in the amount of ____________________ .

I make this affidavit in support of an application for student financial aid for my studies at ________________________________, and for no illegal or improper purpose.

I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.


Signature of Applicant:                                                              

SOLEMNLY DECLARED BEFORE ME at the City of Toronto, Ontario,

on:                                         .

 

                                                         

Commissioner of Oaths for Ontario



| AFFIDAVIT OF EXECUTION |

 

In the matter of the execution of the will of [NAME OF PERSON MAKING WILL]: 

 

I, [NAME OF WITNESS], of [CITY], Ontario, 

 

SOLEMNLY DECLARE AS FOLLOWS:

That on [DATE WILL IS SIGNED], I was personally present and saw the document marked as Exhibit "A" to this my affidavit, duly signed and executed by [NAME OF PERSON MAKING WILL]; 


[NAME OF PERSON MAKING WILL] executed the document in the presence of myself and                                                               (second Witness), in Toronto, Ontario; and we were both present at the same time, and signed the document in the presence of [NAME OF PERSON MAKING WILL] as attesting witnesses.


I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

 

Signature of Witness:                                                              

Printed Name of Witness:                                                       

 

SOLEMNLY DECLARED BEFORE ME at the City of Toronto, Ontario,

on:                                      .


                                                                                                                         

Commissioner of Oaths for Ontario


| REFUSAL LETTER SAMPLE |


Sample 1


The Refusal Letter – Live-in Caregiver Program (LCP) Work Permit – The Applicant Does Not Meet Program Requirements


[Insert letterhead]

Our Ref.:

[Insert address]


Dear:


I have completed my assessment of your application for a work permit in Canada as a live-in caregiver. I have determined that you do not meet the requirements of the Live-in Caregiver Program.


The requirements for issuance of a work permit as a live-in caregiver are set out in section 112 of the Immigration and Refugee Protection Regulations:


112. A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they:

113. applied for a work permit as a live-in caregiver before entering Canada

114. have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada

115. have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely:


1. successful completion of six months of full-time training in a classroom setting or,

2. completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit

116. have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in a unsupervised setting and,

117. have an employment contract with their future employer

I have determined that you do not meet these requirement(s) because [set out reasons].


Subsection 11(1) of the Immigration and Refugee Protection Act states that:


11. (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.


Subsection 2(2) of the Act specifies that:


2. (2) Unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Please inform your employer in Canada of this decision. You should disregard any previous instructions that may have been sent to you from this office. Thank you for your interest in Canada.

 Yours sincerely,


Officer



Sample 2


The Refusal Letter – Live-in Caregiver Program (LCP) Work Permit – The Withdrawal of the Offer of Employment


[Insert letterhead]


Our Ref.:

[Insert address]

Dear:


I refer to your application for a work permit as a live-in caregiver. I have been informed that your prospective employer in Canada has withdrawn the offer of employment made on your behalf.


One of the requirements for the issuance of a work permit as a live-in caregiver set out in section 112(e) of the Immigration and Refugee Protection Regulations is that an applicant must have an employment contract with their future employer. Since your future employer has withdrawn their offer of employment, your application does not meet this requirement.


Subsection 11(1) of the Immigration and Refugee Protection Act states that:

11. (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.


Subsection 2(2) of the Immigration and Refugee Protection Act specifies that:


2. (2) Unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.


If you have been requested to forward additional information, to undergo a medical examination, or to appear for an interview at this office, you should now disregard these requests and consider them cancelled. We can consider a new application only if you obtain another offer of employment that has been validated by Employment and Social Development Canada / Service Canada.


Thank you for your interest in Canada.

 

Yours sincerely,