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Land Titles Amendment to Remote Witnessing of Applications
February 23, 2023On February 16, 2023, The Land Titles Regulations were amended. The amendments include changes to the remote witnessing provisions to expand the requirements to accommodate persons (lawyers and their clients) with hearing disabilities.
The Regulations repeal and replace:
- Section 27.1(1) with a new definition of ‘electronic means’. In this section, ‘electronic means’ means a real-time electronic means of communication that includes video and any other aspects by which a lawyer and the person signing the application is able to effectively communicate with each other at all times during the course of their meeting.
- Section 27.1(3) to amend the requirement:
- From: the lawyer being able at all times “to hear and see” the person signing the application;
- To: the lawyer being able at all times to “see and effectively communicate” with the person signing the application.
The new provisions continue to require that the witnessing process occur in a single session in “real-time” via video that enables the lawyer to see the act of signing via wet-ink signature. The lawyer must be able to see and effectively communicate with their client at all times.
For additional guidance, please refer to the Law Society Practice Directive Number 1 – Remote Execution of Certain Documents via Electronic Means.
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