Remote Commissioning Regulation

Remote Commissioning Regulation, M.R. 78/2021 The Manitoba Evidence Act , C.C.S.M. c. E150 Regulation 78/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may administer oath, affirmation or declaration 4 Witnessing by videoconference 5 Remote commissioning procedure 6 Jurat 7 Deemed location in Manitoba 8 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Manitoba Evidence Act . («  Loi ») "authorized person" means an authorized person listed in section 3. (« personne autorisée ») Overview 2 This regulation sets out the procedure for an authorized person to administer an oath, affirmation or statutory declaration without the authorized person being in the presence of the deponent or declarant, as authorized under section 64.1 of the Act. WHO MAY ADMINISTER OATH, AFFIRMATION OR DECLARATION Authorized persons 3 The following persons are authorized to administer an oath, affirmation or statutory declaration without being in the presence of the deponent or declarant: (a) a commissioner for oaths appointed for the province; (b) the Lieutenant Governor; (c) the Clerk of the Executive Council of the province; (d) a justice of the peace in the province; (e) the judge of any court in the province; (f) the associate judge, referee, registrar or deputy registrar of the Court of King's Bench, or the deputy of any of them; (g) a district registrar, deputy district registrar, or a deputy of a district registrar, of any land titles office in the province, or the Registrar-General under The Real Property Act ; (h) a barrister-at-law or attorney-at-law duly admitted and entitled to practise as such in the province; (i) a notary public appointed for the province; (j) the mayor, reeve, or clerk of any municipality, the resident administrator of any local government district, or the secretary-treasurer of any school district or school division, established under The Public Schools Act ; (k) the postmaster of any post office in the province who is appointed under the Canada Post Corporation Act ; (l) the chief sheriff or any sheriff in the province or the deputy of any of them; (m) a member of the Royal Canadian Mounted Police Force; (n) a surveyor authorized to practise under The Land Surveyors Act . REMOTE COMMISSIONING PROCEDURE Witnessing by videoconference 4 An oath, affirmation or statutory declaration administered in accordance with section 64.1 of the Act must be commissioned by videoconference using the procedure set out in section 5. Remote commissioning procedure 5 The following steps must be taken when an oath, affirmation or statutory declaration is commissioned by videoconference: STEP 1: Establish videoconference The authorized person and the deponent or declarant must establish a visual and audio link that enables them to see and hear each other. STEP 2: Receive documents as proof of identity The deponent or declarant must prove their identity to the satisfaction of the authorized person by showing (a) one piece of current government-issued photo identification; or (b) any two of the following: (i) information from a reliable source that contains the name and address of the deponent or declarant, (ii) information from a reliable source that contains the name and date of birth of the deponent or declarant, (iii) information that contains the name of the deponent or declarant and confirms that they have a deposit account or a credit card or other loan account with a financial institution. Step 2 is not required if the deponent or declarant has previously proven their identity to the authorized person. STEP 3: Confirm understanding and consent The authorized person must be satisfied that the deponent or declarant (a) understands the nature, content and significance of their oath, affirmation or statutory declaration; and (b) is exercising their free will in giving the oath, affirmation or statutory declaration. STEP 4: Obtain copy and view original Before the oath, affidavit or statutory declaration is signed, the authorized person must (a) have a physical or electronic copy of the oath, affidavit or statutory declaration in their possession; and (b) see each page of the original oath, affidavit or statutory declaration in the possession of the deponent or declarant. STEP 5: Hear oath or affirmation and observe signature The authorized person must hear the deponent or declarant make the oath or affirmation and observe them while they are signing the original oath, affidavit or statutory declaration. STEP 6: Verify signature The authorized person must see and verify the signature on the original oath, affidavit or statutory declaration immediately after it is signed. STEP 7: Receive and verify original paper copy The authorized person must receive the original oath, affidavit or statutory declaration and do the following: (a) compare the original to the physical or electronic copy the authorized person had in their possession and confirm they are identical; (b) confirm that the document is the same document that the authorized person saw in the possession of the deponent or declarant before the deponent or declarant signed it; (c) confirm that the signature matches the one the authorized person observed. STEP 8: Sign original and provide statement The authorized person must (a) sign and date the original oath, affidavit or statutory declaration; and (b) provide a written statement as to how the deponent or declarant proved their identity to the authorized person. JURAT Jurat 6(1) The authorized person must state in the jurat if an oath, affirmation or statutory declaration is commissioned by videoconference. 6(2) For the purpose of section 5 and subsection (1), the following form of jurat may be used: Sworn (affirmed or declared) before me by videoconference on the ____ day of _____, 20__, at which time I saw and heard the deponent (declarant) swear (affirm or declare) this document and sign it. The deponent (declarant) proved their identity by means of _______________. On this _____ day of ______, 20__, having received this originally executed document, I signed it. A Commissioner for Oaths, Notary Public, etc. ADMINISTRATION IN MANITOBA Deemed location 7 An oath, affirmation or statutory declaration administered remotely in accordance with this regulation is deemed to be administered in Manitoba. COMING INTO FORCE Coming into force 8 This regulation comes into force on October 1, 2021, or the day it is registered under The Statutes and Regulations Act , whichever is later.