O. Reg. 164/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SIGNATURES IN WILLS AND POWERS OF ATTORNEY
filed April 22, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
Skip to contentontario regulation 164/20
made under the
Emergency Management and Civil Protection Act
Made: April 22, 2020 (7:20 pm) Filed: April 22, 2020
Published on e-Laws: April 23, 2020
Printed in The Ontario Gazette: May 9, 2020
Amending O. Reg. 129/20
(ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SIGNATURES IN WILLS AND POWERS OF ATTORNEY)
1. Schedule 1 to Ontario Regulation 129/20 is revoked and the following substituted:
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.