Remote Witnessing Regulation

Remote Witnessing Regulation, M.R. 80/2021 The Powers of Attorney Act , C.C.S.M. c. P97 Regulation 80/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may witness signing or acknowledgment 4 Witnessing by videoconference 5 Remote witnessing procedure 6 Deemed location in Manitoba 7 Coming into force Schedule A Certificate of Remote Witness [power of attorney signed by donor] B Certificate of Remote Witness [power of attorney signed by proxy] Definitions 1 The following definitions apply in this regulation. "Act" means The Powers of Attorney 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 do the following, as authorized under section 10.1 of the Act: (a) witness a donor signing or acknowledging a signature on an enduring power of attorney without being in the presence of the donor; and (b) sign an enduring power of attorney as a witness without being in the presence of the donor. WHO MAY WITNESS SIGNING OR ACKNOWLEDGMENT Authorized persons 3 Only a lawyer who is a member in good standing of The Law Society of Manitoba is authorized to witness the signing or acknowledgment of an enduring power of attorney without being in the presence of the donor. REMOTE WITNESSING PROCEDURE Witnessing by videoconference 4 A signature or acknowledgement witnessed in accordance with section 10.1 of the Act must be witnessed by videoconference using the procedure set out in section 5. Remote witnessing procedure 5 The following steps must be taken when the signing of an enduring power of attorney, or the acknowledgment of a signature on an enduring power of attorney, is witnessed by videoconference: STEP 1: Establish videoconference The authorized person and the donor 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 donor 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 donor, (ii) information from a reliable source that contains the name and date of birth of the donor, (iii) information that contains the name of the donor 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 donor has previously proven their identity to the authorized person. STEP 3: Confirm understanding and consent The authorized person must be satisfied that the donor (a) understands the nature, content and significance of the enduring power of attorney; (b) is exercising their free will in signing or acknowledging the enduring power of attorney; and (c) is apart from the attorney. STEP 4: Obtain copy and view original Before the enduring power of attorney is signed or the donor acknowledges the signature of the individual who signed on the donor's behalf, the authorized person must (a) have a physical or electronic copy of the enduring power of attorney in their possession; and (b) see each page of the original enduring power of attorney in the possession of the donor. STEP 5: Observe signature or observe and hear acknowledgment The authorized person must (a) observe the donor sign the enduring power of attorney; or (b) in the case of an enduring power of attorney signed by another individual on behalf of the donor, (i) verify that the other individual is not the attorney or the attorney's spouse or common-law partner, and (ii) observe and hear the donor acknowledge the signature or, in the case of a donor who cannot acknowledge the signature in an audible manner, observe the donor acknowledging the signature. STEP 6: Verify signature The authorized person must see and verify the signature on the original enduring power of attorney immediately after it is signed or the donor acknowledges the signature. STEP 7: Receive and verify original paper copy The authorized person must receive the original enduring power of attorney 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 donor before the donor signed it or acknowledged the signature; (c) in the case of an enduring power of attorney signed by the donor, 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 enduring power of attorney; and (b) append a completed witness certificate in the following form: (i) the form set out in Schedule A if the power of attorney was signed by the donor; (ii) the form set out in Schedule B if the power of attorney was signed by another individual on behalf of the donor. EXECUTION IN MANITOBA Power of attorney deemed to be executed in Manitoba 6 A power of attorney the execution of which is witnessed by videoconference in accordance with this regulation is deemed to be executed in Manitoba, regardless of the physical location of the donor or the authorized person at the time of execution. 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. SCHEDULE A Certificate of Remote Witness [power of attorney signed by donor] SCHEDULE B Certificate of Remote Witness [power of attorney signed by proxy]