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Remote Executing of Certain Documents and Remote Witnessing of Wills by Electronic Means Legislation Now Permanent
August 7, 2020We are happy to announce that today, the Government of Saskatchewan repealed the temporary emergency regulations related to remote execution of certain documents and wills and replaced those regulations with permanent regulations allowing for remote execution of documents via electronic means (i.e. video calls) to continue long-term beyond the end of the public emergency period. This is a significant development in terms of enhancing access to justice in Saskatchewan and will serve to greatly increase the efficiency of many legal processes for lawyers and clients alike.
The newly enacted permanent regulations and Q&A documents prepared and provided by the Ministry of Justice are set out below:
- 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
- The Wills Regulations (impacting The Wills Act, 1996); Q&A from the Ministry of Justice
The Law Society of Saskatchewan has been working closely with the Government of Saskatchewan on these measures. To reflect these changes, we’ve updated our Practice Directives and forms:
- Practice Directive 1 and Declaration in Law Society of Saskatchewan Form PD1
- Practice Directive 3 and Form PD3 – Declaration of Lawyer Who Has Witnessed a Will via Electronic Means
Please refer to important documents related to the amendments to The Land Titles Regulations, 2001 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 [email protected] for assistance.
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