Virtual Signing
April 7, 2020
- The government of Ontario passes Ontario Regulation 129/20 under subsection 7.0.2(4) of the Emergency Management and Civil Protection Act
- The regulation allows for signatures of wills executed under the Succession Law Reform Act ("SLRA") and powers of attorney executed under Substitute Decisions Act, 1992 ("SDA") to be witnessed using "audio‐video communication technology"and in counterpart
Virtual Signing
April 19, 2021
- Bill 245 given Royal Assent
- Schedule 8 adds section 3.1 to the SDA
- Schedule 9 amends section 4 of the SLRA
- Both of these changes authorize virtual signing under
- Ontario Regulation 129/20 permanently valid
Virtual Signing
April 19, 2021
- Requirements for signature using audio‐visual
communication technology:
- At least one person who acts as a witness is a licensee within the meaning of the Law Society Act at the time
- The signatures and subscription required under the specific legislation are contemporaneous (meaning circulation of the same document for witness signatures at different times are no longer acceptable)
- The prescribed requirements, if any under the specific legislation, are met
- Documents may be completed in counterpart by signing complete and identical copies
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