Remote Witnessing Regulation

Remote Witnessing Regulation, M.R. 83/2021 The Real Property Act , C.C.S.M. c. R30 Regulation 83/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may witness execution 4 Witnessing by videoconference 5 Remote witnessing procedure 6 Deemed location in Manitoba 7 Registration of instruments witnessed remotely 8 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Real Property Act . («  Loi  ») "authorized person" means an authorized person listed in section 3. (« personne autorisée ») "mortgage" means a mortgage as defined in subsection 72(2) of the Act. (« hypothèque ») Overview 2 This regulation sets out the procedure for an authorized person to witness the execution of an instrument without the authorized person being in the presence of the person executing the instrument, as authorized under section 72.10 of the Act. WHO MAY WITNESS EXECUTION Authorized persons 3(1) Subject to subsection (2), only a lawyer who is a member in good standing of The Law Society of Manitoba is authorized to witness the execution of an instrument without being in the presence of the person executing the instrument. 3(2) If the instrument is a mortgage and the mortgagee is a financial institution, an officer or employee of the financial institution, or another person designated by the financial institution, is also authorized to witness the execution of the instrument without being in the presence of the person executing it. REMOTE WITNESSING PROCEDURE Witnessing by videoconference 4 The execution of an instrument in accordance with section 72.10 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 execution of an instrument is witnessed by videoconference: STEP 1: Authorized person sends instrument The authorized person, or a person acting under the direction and supervision of the authorized person, must send the instrument to the person executing the instrument. STEP 2: Establish videoconference The authorized person and the person executing the instrument must establish a visual and audio link that enables them to see and hear each other. STEP 3: Receive documents as proof of identity The person executing the instrument 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 executing the instrument, (ii) information from a reliable source that contains the name and date of birth of the person executing the instrument, (iii) information that contains the name of the person executing the instrument and confirms that they have a deposit account or a credit card or other loan account with a financial institution. Step 3 is not required if the person executing the instrument has previously proven their identity to the authorized person. STEP 4: Confirm understanding and consent The authorized person must be satisfied that the person executing the instrument (a) understands the nature, content and significance of the instrument; and (b) is exercising their free will in executing the instrument. STEP 5: View and verify original The authorized person must see the original instrument in the possession of the person executing the instrument and (a) if the instrument is a document that generates separate signature pages (such as an eTransfer, eMortgage or eDischarge), see and verify the control image and 32-digit control number generated by the electronic form, or any other security features in the approved form, and verify that they match the instrument sent for execution; or (b) if the instrument is a document that does not generate separate signature pages, verify that the instrument is the same instrument the authorized person sent for execution. STEP 6: Observe signature The authorized person must observe the person executing the instrument while they are signing and dating the document. STEP 7: Verify signature The authorized person must see and verify the signature on the original instrument immediately after it is signed and, if applicable, see the control image and the 32-digit control number of the signed and dated signature page, or any other security features in the approved form, and verify that they match the instrument sent for execution. STEP 8: Receive and verify original paper copy The authorized person must receive the original instrument and do the following: (a) compare the original to the instrument the authorized person sent for execution and confirm they are identical; (b) confirm that the signature matches the one the authorized person observed. STEP 9: Sign original instrument The authorized person must sign the original instrument. EXECUTION IN MANITOBA Instrument deemed to be executed in Manitoba 6 An instrument 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 authorized person or the person executing the instrument at the time of execution. REGISTRATION OF SIGNED INSTRUMENTS Registration of instruments witnessed remotely 7(1) This section applies if, in respect of an instrument presented for registration, any of the following occurred: (a) the execution of the instrument was witnessed by videoconference; (b) the signing of a required document under The Homesteads Act was witnessed by videoconference; (c) the commissioning of a required affidavit took place by videoconference. 7(2) If subsection (1) applies, when the instrument is presented for registration it must be accompanied by a certificate in an approved form, signed by the witness, that (a) indicates how the document was provided to the person who signed it (e.g, regular mail, e-mail); (b) indicates how the person executing the instrument proved their identity; (c) indicates the date the person executing the instrument signed it and the date the authorized person signed it; and (d) certifies that any requirements relating to the witnessing or commissioning by videoconference, including any requirements under The Manitoba Evidence Act or The Homesteads Act , were complied with. 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.