The dual process method is a method to verify an individual’s identity. No physical meeting with the individual is required. For this method, Rule 3-102(2)(a)(iii) requires that lawyers must use any two of the following sources of information obtained by the lawyer from a reliable source to verify an individual’s identity:
(A) Information that contains the individual’s name and address that is used to verify that the name and address are those of the individual.
(B) Information that contains the individual’s name and date of birth that is used to verify that the name and date of birth are those of the individual.
(C) Information that contains the individual’s name and confirms that the individual has a deposit account or a credit card or other loan amount with a “financial institution” (as defined in Rule 3-98) that is used to verify that information.
Note the following additional requirements:
- the information referred to must be from different sources (Rule 3-102(4)(a));
- it is not acceptable for the individual, the lawyer or an agent to be a source (Rule 3-102(4)(b));
- documents must be valid, authentic and current; information must be valid and current (Rule 3-102(2)).
A reliable source of information would be a source that is well known and considered reputable, such as the federal, provincial, territorial and municipal levels of government, Crown corporations, financial institutions, and utility providers. The source should be one that you trust.
Note that you cannot use the same source for two categories of information. For example, you cannot rely on a chequing account statement from Bank A that contains the individual’s name and address and a term deposit statement from Bank A that contains the individual’s name. This example could work if two different banks were used.
Examples of documents that you could obtain from a reliable source include the following:
- bank statement;
- credit card statement;
- utility bill;
- insurance documents (car, home, life);
- mortgage statement from a financial institution;
- municipal property tax assessment;
- provincial or territorial vehicle registration;
- investment account statements (RRSP, TFSA, RRIF);
- T4;
- Canada Pension Plan statement;
- Canada Revenue Agency documents (e.g. notice of assessment, requirement to pay, installment reminder, GST refund letter);
- birth certificate from a Canadian province or territory;
- benefits statement (federal, provincial, territorial or municipal);
- marriage certificate
With the client’s consent, you may be able to view password-protected information online from a reliable source without the client disclosing their password to you.
You could also obtain information that is not in a document. For example, with the client’s consent, you could contact the client’s financial institution and speak with a representative from the institution who could confirm that the individual has a deposit account, credit card or loan. You would make a record of the conversation with the applicable date. This could be followed up with written confirmation. For example, you could send the representative an email confirming the information that you obtained during your conversation.
Document the process that you used to verify the individual’s identity and retain a record, with applicable dates, and the documents obtained or produced for verification (Law Society Rule 3-107).