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CHAPTER T-4.001

TEMPORARY ALTERNATE WITNESSING OF DOCUMENTS ACT

CHAPTER T-4.001

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

(Assented to May 6, 2020)

Analysis

Short title

Definitions

Commissioners for Oaths Act

Notaries Public Act

Registration of Deeds Act, 2009

Wills Act

Expiry

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

Short title

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

2020 T-4.001 s1

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Definitions

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;

(c)

"lawyer" means a member in good standing of the Law Society of Newfoundland and Labrador; and

(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.

2020 T-4.001 s2

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Commissioners for Oaths Act

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.

2020 T-4.001 s3

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Notaries Public Act

(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).

2020 T-4.001 s4

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Registration of Deeds Act, 2009

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.

2020 T-4.001 s5

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Wills Act

(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;

(

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

(

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.

2020 T-4.001 s6

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Expiry

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

2020 T-4.001 s7

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