Remote Witnessing Regulation

Remote Witnessing Regulation, M.R. 79/2021 The Homesteads Act , C.C.S.M. c. H80 Regulation 79/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may witness signing or administer oath or affirmation 4 Witnessing by videoconference 5 Remote witnessing procedure 6 Jurat 7 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Homesteads 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 witness the signing of a document set out in subsection 25.1(2) of the Act, or administer an oath or affirmation in respect of the document, without being in the presence of the person signing the document, as authorized under section 25.1 of the Act. WHO MAY WITNESS SIGNING OR ADMINISTER OATH OR AFFIRMATION Authorized persons 3 The following classes of persons are authorized to witness the signing of a document, or administer an oath or affirmation in respect of a document, without being in the presence of the person signing the document or making the oath or affirmation: (a) a lawyer who is a member in good standing of The Law Society of Manitoba; (b) a commissioner of oaths supervised by a lawyer who is a member in good standing of The Law Society of Manitoba; (c) a commissioner of oaths who is a registrant as defined in The Real Estate Services Act . M.R. 23/2022 REMOTE WITNESSING PROCEDURE Witnessing by videoconference 4 A signature witnessed, or an oath or affirmation administered, in accordance with section 25.1 of the Act must be witnessed or administered by videoconference using the procedure set out in section 5. Remote witnessing procedure 5 The following steps must be taken when the signing of a document is witnessed, or an oath or affirmation is administered, by videoconference: STEP 1: Establish videoconference The authorized person and the person signing the document or making the oath or affirmation 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 person signing the document or making the oath or affirmation 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 person signing the document or making the oath or affirmation, (ii) information from a reliable source that contains the name and date of birth of the person signing the document or making the oath or affirmation, (iii) information that contains the name of the person signing the document or making the oath or affirmation 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 person signing the document or making the oath or affirmation has previously proven their identity to the authorized person. STEP 3: Confirm understanding and consent The authorized person must be satisfied that the person signing the document or making the oath or affirmation (a) understands the nature, content and significance of the document; and (b) is exercising their free will in signing the document or making the oath or affirmation. STEP 4: Obtain copy and view original Before the document is signed or the oath or affirmation is made, the authorized person must (a) have a physical or electronic copy of the document in their possession; and (b) see each page of the original document in the possession of the person signing the document or making the oath or affirmation. STEP 5: Observe signature and hear oath or affirmation The authorized person must observe the other person signing the original document and, if applicable, hear them make the oath or affirmation. STEP 6: Verify signature The authorized person must see and verify the signature on the original document immediately after it is signed. STEP 7: Receive and verify original paper copy The authorized person must receive the original document 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 person signing the document or making the oath or affirmation; and (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 document; and (b) provide a written statement as to how the person signing the document or making the oath or affirmation proved their identity to the authorized person. JURAT Jurat 6(1) The authorized person must state in a jurat, or otherwise in the prescribed form, if the signing of a document was witnessed or an oath or affirmation administered by videoconference. 6(2) For the purpose of subsection (1), the following form of jurat may be used: Signed (sworn, affirmed or declared) before me by videoconference on the ____ day of _____, 20__, at which time I watched the person (deponent, declarant) sign (swear, affirm or declare) this document. The person (deponent, declarant) proved their identity by means of _______________. On this _____ day of ______, 20__, having received this originally executed document, I signed it as witness. A Commissioner for Oaths, Notary Public, etc. COMING INTO FORCE Coming into force 7 This regulation comes into force on October 1, 2021, or the day it is registered under The Statutes and Regulations Act , whichever is later.