This regulation lets an authorized person witness a directive acknowledgment remotely by videoconference, but only if the procedure in section 5 is followed.
Remote Witnessing Regulation, M.R. 82/2021 The Health Care Directives Act , C.C.S.M. c. H27 Regulation 82/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may witness acknowledgment 4 Witnessing by videoconference 5 Remote witnessing procedure 6 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Health Care Directives 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 8.1 of the Act: (a) witness the acknowledgment, by the maker, of a signature on a directive signed by a person other than the maker, without being in the presence of the maker; (b) sign a directive as a witness without being in the presence of the maker. WHO MAY WITNESS ACKNOWLEDGMENT Authorized persons 3 Any person is authorized to witness the acknowledgement, by the maker, of a signature on a directive signed by a person other than the maker without being in the presence of the maker. But the witness must not be the proxy or the proxy's spouse or common-law partner. REMOTE WITNESSING PROCEDURE Witnessing by videoconference 4 An acknowledgment witnessed in accordance with section 8.1 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 acknowledgment of a signature on a directive is witnessed by videoconference: STEP 1: Establish videoconference The authorized person and the maker 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 maker 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 maker, (ii) information from a reliable source that contains the name and date of birth of the maker, (iii) information that contains the name of the maker 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 maker has previously proven their identity to the authorized person. STEP 3: Confirm understanding and consent The authorized person must be satisfied that the maker (a) understands the nature, content and significance of the directive; and (b) is exercising their free will in making the directive. STEP 4: Obtain copy and view original Before the maker acknowledges the signature on the directive, the authorized person must (a) have a physical or electronic copy of the directive in their possession; and (b) see each page of the original directive in the possession of the maker. STEP 5: Observe and hear acknowledgment The authorized person must observe and hear the maker acknowledge the signature or, if the maker is unable to acknowledge the signature audibly, observe the maker acknowledge it. STEP 6: Receive and verify original paper copy The authorized person must receive the original directive 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 maker before the maker acknowledged the signature on the document. STEP 7: Sign original and provide statement The authorized person must (a) sign and date the original directive; and (b) provide a written statement confirming the following: (i) how the maker proved their identity to the authorized person, (ii) that the witness is not the proxy or the proxy's spouse or common-law partner. COMING INTO FORCE Coming into force 6 This regulation comes into force on October 1, 2021, or the day it is registered under The Statutes and Regulations Act , whichever is later.