December 23, 2022

Effective January 1, 2023, amendments to the Power of Attorney Act and the Representation Agreement Act provide authority for an alternative process, established by regulation, for the remote electronic witnessing of the signing of enduring powers of attorney and representation agreements. Amendments to the Power of Attorney Regulation and the Representation Agreement Regulation were made to provide for this alternative process.

These amendments, made in the Fall 2022 Legislative session, are similar to the temporary measures that came into effect due to COVID-19. Those temporary measures will expire on December 31, 2022.

The parameters of the amendments require the lawyer or notary be in the electronic presence of the person signing an enduring power of attorney or representation agreement, and the agreements must include a statement indicating it was signed in accordance with the alternative process.

The amendments do not apply to enduring power of attorney agreements for the purposes of the Land Title Act. Temporary measures due to COVID-19 continue to allow remote witnessing provided they are accompanied by an affidavit made under section 49 of the Land Title Act. This temporary measure is currently under review to see if enabling remote witnessing is appropriate.

For the full list of parameters and requirements, read the amendments for the Power of Attorney Act, and the amendments for the Representation Agreement Act.