First

Session, 49th General Assembly

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

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

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;

(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.

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

(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

(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.

Expiry

7. This

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

Queen's Printer