Notice Update – posted August 12, 2021
We previously gave notice to the profession about an Order that temporarily suspends the requirements for in person commissioning and witnessing of certain critical documents. The Order set out steps required when taking an oath or witnessing the signing by video conferencing or through glass or plexiglass.
On September 10, 2020, a number of orders under The Emergency Measures Act were renewed by the Government of Manitoba until March/April 2021. Please note the following extensions that affect several statutes:
- One of the extensions will allow for the continued use of video conferencing
to witness the signing of documents under subsections of The Homesteads Act and The Real Property Act. This temporary suspension of in-person commissioning and witnessing requirements provides a way for someone in isolation to sign documents safely.
- The continued temporary suspension of in-person commissioning and witnessing requirement provides a way for someone in isolation to safely sign documents related to health-care directives.
- One extension will allow for the continued use of video conferencing to witness the signing of documents under The Manitoba Evidence Act, The Powers of Attorney Act and The Wills Act.
To assist the profession, the Law Society previously used the original Order’s schedule to create separate checklists that set out what steps must be taken in each case. These checklists remain applicable.
Members should also note that the temporary suspension of the requirement for in-person corporate meetings for condominium corporations, co-operatives, corporations and credit unions continues providing the option for required meetings to be held, notified of and voted on electronically until March 31, 2021.
However, certain Orders are NOT being renewed and these include:
- Under the Residential Tenancies Branch, provisions will end related to non-urgent evictions, the suspension of hearings for non-urgent orders of possession, late fees for non-payment of rent and freezing rent increases. All of these provisions will be repealed, effective Oct. 1.
A more detailed list of orders to be extended or not renewed as they are no longer needed or relevant can be found on the Manitoba Government website.