British Columbia Order in Council — Amendment to Power of Attorney Regulation (O.C. 678/2022)

O.C. 678/2022

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2023, (

a) sections to of the Attorney General Statutes Amendment Act (No. 2, 2022) , S.B.C. 2022, c. 31, are brought into force, and (

b) the Power of Attorney Regulation, B.C. Reg. 20/2011, is amended as set out in the attached Schedule. Attorney General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Power of Attorney Act, R.S.B.C. 1996, c. 370, s. 41.1 Attorney General Statutes Amendment Act (No. 2), 2022, S.B.C. 2022, c. 31, s. 20 Other: O.C. 30/2011 R20640433 December 19, 2022

SCHEDULE The Power of Attorney Regulation, B.C. Reg. 20/2011, is amended by adding the following section: Alternative process for witnessing signing and dating 2.1

(1) In this section: “communicate” means communicate using audiovisual communication technology, including assistive technology for indivi duals who are hearing impaired or visually impaired, that enables indivi duals to communicate with each other by hearing and seeing each other; “electronic presence” or “electronically present” means the circumstances in which or more individuals in different locations communicate simultaneously to an extent that is similar to co mmunication that would occur if all the individuals were physically present in the same location.

(2) For the purposes of

section 17.1 (1) [signing enduring power of attorney – alternative process] of the Act, an enduring power of attorney may be signed and dated while the following are in each other’s electronic presence: (

a) the adult who makes the enduring power of attorney, and, if applicable, the person signing the enduring power of a ttorney on behalf of the adult who makes the enduring power of attorney; (

b) the witness.

(3) For the purposes of

section 17.1 (2) of the Act, before exercising authority granted in an enduring power of attorney, the enduring power of attorney may be signed while the attorney and the witness are in each other’s electronic presence.

(4) For certainty, in the case of a pers on signing the enduring power of attorney on behalf of the adult who makes the enduring power of attorney, (

a) the adult who makes the enduring pow er of attorney and the person signing on behalf of that adult must be in each other’s physical presence, and (

b) the person signing on behalf of th e adult who makes the enduring power of attorney and the witness may be in each other’s electronic presence.

(5) The witness referred to in subsections (2), (3) and (4) must be a lawyer or a member in good standing of the Society of Notaries Public of British Columbia.

(6) An enduring power of attorney may be signed and dated, as applicable, by signing and dating, complete and identi cal copies of the enduring power of attorney in counterpart.

(7) Copies of an enduring power of attorney are identical even if there are nonsub- stantive differences in the format between the copies.

(8) An enduring power of attorney made in accordance with the alternative process established in this

section must include a statement that it was signed and dated in accordance with the alternative process.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 678/2022
Type	order_in_council
Volume / chapter	arc oic 0678 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e041735527ff618e7f36edc115af4e5d5284a474

Source file is stored in the law ingest library (pdf).