On March 26, 2020, the Government of Saskatchewan enacted emergency regulations relating to the remote execution of documents via electronic means. On August 7, 2020, the Government of Saskatchewan repealed those emergency regulations and replaced them with permanent regulations as follows:

• The Land Titles (Remote Witnessing) Amendment Regulations, 2020 (impacting The Land Titles Regulations, 2001);
• The Electronic Information and Documents (Remote Witnessing) Regulations (impacting The Electronic Information and Documents Act, 2000);
  • Q&A from the Ministry of Justice
• The Powers of Attorney (Remote Witnessing) Regulations (impacting The Powers of Attorney Act, 2002);
  • Q&A from the Ministry of Justice

Please refer to our Practice Directive 1 and Declaration in Law Society of Saskatchewan Form PD1.

These changes enable lawyers to execute and witness certain documents covered by these pieces of legislation via electronic means, i.e. a video conference on platforms like Skype or Facetime.

The Law Society of Saskatchewan has been working closely with the Government of Saskatchewan on these measures. As part of the new processes contemplated by the regulations, the Law Society of Saskatchewan plays an important role in helping lawyers maintain the integrity of sworn documents and to protect their clients. To that end, the Law Society of Saskatchewan issued a practice directive to the profession to guide practitioners who avail themselves of the new regulations. That practice directive has been updated in response to the move by the Government of Saskatchewan to make the emergency regulations permanent.

The practice directive sets out the expectations for how lawyers are to safeguard their clients, the ultimate users of the documents and themselves while executing documents remotely. Specifically, lawyers are required to manage heightened risks associated with fraud, identity theft, undue influence, duress and potential lack of capacity. As part of the practice directive, lawyers are required to complete a Declaration in Law Society of Saskatchewan Form PD1 every time they witness a document via electronic means. Lawyers are required to append to Form PD1, a photograph or screen capture of their client with their client’s photo identification obtained during the session wherein the documents were executed. Lawyers are required to maintain Form PD1 on their files to supplement their routine file notes.

Please refer to other important documents provided by the Registrar of Titles:

• Certificate of Remote Witness
• Direction from the Registrar of Titles
• Sample Completed Authorization and Certificate

If you have questions regarding compliance or the application of this Directive, please contact reception@lawsociety.sk.ca for assistance.