2020 BILL 35

	35


First Session, 49th General Assembly 69 Elizabeth II, 2020
BILL 35
AN ACT RESPECTING THE WITNESSING OF DOCUMENTS THROUGH THE USE OF AUDIO-VISUAL TECHNOLOGY
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would temporarily allow lawyers in good standing with the Law Society of Newfoundland and Labrador to witness documents identified in the Wills Act, Notaries Public Act, Commissioners for Oaths Act and Registration of Deeds Act, 2009 using audio-visual technology.

A BILL

AN ACT RESPECTING THE WITNESSING OF DOCUMENTS THROUGH THE USE OF AUDIO-VISUAL TECHNOLOGY

Analysis

1. Short title

2. Definitions

3. Commissioners for Oaths Act

4. Notaries Public Act

5. Registration of Deeds Act, 2009

6. Wills Act

7. Expiry

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Temporary Alternate Witnessing of Documents Act.

Definitions

2. In this Act

(a) "audio-visual technology" means technology which allows a person signing a document and a person witnessing the signing of the document to see, hear and communicate with each other at all times;

(b) "barrister" means a lawyer;

(d) "public health emergency" means the public health emergency declared under the authority of section 27 of the Public Health Protection and Promotion Act in relation to COVID-19.

Commissioners for Oaths Act

3. For the purposes of section 4 of the Commissioners for Oaths Act, during the public health emergency, the words "made before him or her" includes attendance through the use of audio-visual technology provided that the barrister

(a) takes all reasonable steps to verify the identity of the person signing the affidavit, declaration, affirmation or certificate;

(b) states on the affidavit, declaration, affirmation or certificate that it was witnessed through the use of audio-visual technology in accordance with this Act; and

(c) complies with the requirements established by the Law Society of Newfoundland and Labrador related to the witnessing of documents through the use of audio-visual technology.

Notaries Public Act

4. (1) For the purposes of section 6 of the Notaries Public Act, during the public health emergency, the words "brought before him or her" includes attendance through the use of audio-visual technology provided that the person witnessing the document

(a) is a lawyer;

(b) takes all reasonable steps to verify the identity of the person signing the document;

(c) states on the document that it was witnessed through the use of audio-visual technology in accordance with this Act; and

(d) complies with requirements established by the Law Society of Newfoundland and Labrador related to the witnessing of documents through the use of audio-visual technology.

(2) For the purposes of section 8 of the Notaries Public Act, during the public health emergency, a notary public may witness an oath, affirmation or declaration through the use of audio-visual technology provided that the person witnessing the document complies with the requirements prescribed in paragraphs (1)(a) to (d).

Registration of Deeds Act, 2009

5. For the purposes of section 15 of the Registration of Deeds Act, 2009, during the public health emergency, the words "in the presence of" includes attendance through the use of audio-visual technology provided that

(a) the instrument is executed in the presence of

(i) a commissioner for oaths authorized under section 3 to witness an affidavit, declaration, affirmation or certificate through the use of audio-visual technology, or

(ii) a notary public authorized under section 4 to witness a document, oath, affirmation or declaration through the use of audio-visual technology; and

(b) the commissioner for oaths or notary public

(i) takes all reasonable steps to verify the identity of the person signing the instrument,

(ii) states on the instrument that it was witnessed through the use of audio-visual technology in accordance with this Act, and

(iii) complies with requirements established by the Law Society of Newfoundland and Labrador related to the witnessing of documents through the use of audio-visual technology.

Wills Act

6. (1) For the purposes of subsection 2(1) of the Wills Act, during the public health emergency, the words "in the presence of" includes attendance through the use of audio-visual technology provided that the witness

(a) is a lawyer;

(b) takes all reasonable steps to verify the identity of the testator and confirm the contents of the will;

(d) complies with the requirements established by the Law Society of Newfoundland and Labrador related to witnessing documents through the use of audio-visual technology.

(2) For greater certainty, where only one of the witnesses to the signing of a will is a lawyer, the words "in the presence of" do not include attendance through the use of audio-visual technology in relation to the witness that is not a lawyer.

Expiry

7. This Act ceases to have effect on the date the public health emergency ends.