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 On August 7, 2020, the Government of Saskatchewan repealed those emergency regulations and replaced them with permanent regulations and as of July 1, 2022 slightly amended provisions will be located within the following legislation:

• The Land Titles Regulations, 2023;
• The Electronic Information and Documents Act, 2000;
  • Q&A from the Ministry of Justice
• 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 as amended on February 16, 2023.

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 these processes, the Law Society of Saskatchewan plays an important role in helping lawyers maintain the integrity of sworn documents and to protect their clients. The practice directive, as amended, is intended to guide practitioners who avail themselves of these processes. 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:

• Updated Certificate of Lawyer Template
• 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 [email protected] for assistance.