You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

# result(s)

O. Reg. 129/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SIGNATURES IN WILLS AND POWERS OF ATTORNEY

under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

Skip to content
Versions

Français

Emergency Management and Civil Protection Act

ONTARIO REGULATION 129/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SIGNATURES IN WILLS AND POWERS OF ATTORNEY

Note: This Order is revoked on May 29, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

Consolidation Period: From April 22, 2020 to the e-Laws currency date.

Last amendment: 164/20.

Legislative History: 164/20.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 12 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act. O. Reg. 129/20.

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

 

Français