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Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

ONTARIO REGULATION 129/20

formerly under Emergency Management and Civil Protection Act

SIGNATURES IN WILLS AND POWERS OF ATTORNEY

Consolidation Period: From July 15, 2020 to the e-Laws currency date.

Last amendment: 389/20.

Legislative History: 164/20, 389/20.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedule 1. O. Reg. 389/20, s. 3.

Schedule 1

Definition

1. In this Order,

“audio-visual communication technology” means any electronic method of communication in which participants are able to see, hear and communicate with one another in real time.

Wills

2. (1) A requirement under the Succession Law Reform Act that a testator or witnesses be present or in each other’s presence for the making or acknowledgment of a signature on a will or for the subscribing of a will may be satisfied by means of audio-visual communication technology provided that at least one person who is providing services as a witness is a licensee within the meaning of the Law Society Act at the time of the making, acknowledgment or subscribing.

(2) If a will is executed with the assistance of audio-visual communication technology as authorized by subsection (1), the signatures or subscriptions required by the Succession Law Reform Act may be made by signing or subscribing complete, identical copies of the will in counterpart, which shall together constitute the will.

(3) For the purposes of subsection (2), copies of a will are identical even if there are minor, non-substantive differences in format or layout between the copies.

Powers of attorney

3. (1) A requirement under the Substitute Decisions Act, 1992 that witnesses be present for the execution of a power of attorney may be satisfied by means of audio-visual communication technology provided that at least one person who is providing services as a witness is a licensee within the meaning of the Law Society Act at the time of the execution.

(2) If a power of attorney is executed with the assistance of audio-visual communication technology as authorized by subsection (1), the signatures required by the Substitute Decisions Act, 1992 may be made by signing complete, identical copies of the power of attorney in counterpart, which shall together constitute the power of attorney.

(3) For the purposes of subsection (2), copies of a power of attorney are identical even if there are minor, non-substantive differences in format or layout between the copies.

O. Reg. 129/20, Sched. 1; O. Reg. 164/20, s.1.

 

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