COVID-19 Updates

Link to: Notices from the Court & Related OfficesLink to: Regulatory Requirements

To help reduce the spread of COVID -19, the Law Society offices are currently closed until  further notice, with a work at home plan for all employees in effect. We remain available to assist you either by email or phone. For additional information, please check our contact page. Please note, our response times may be slower than usual but we appreciate your patience.

Posted: May 22, 2020 

Emergency Order – Checklists for Actions that Must be Taken in the Presence of a Person

Several statutes contain provisions that require an action to be taken only in the presence of a person. Effective Wednesday, May 13, 2020 the provincial government issued an Order that suspends operation of such provisions. Instead, the required actions will be valid if taken through a glass or plexiglass partition or by video conferencing and if specific steps are followed as set out in the Schedule to the Order.

To assist the profession, the Law Society used the Order’s schedule to create separate checklists that relate to the following specific actions, setting out what steps must be taken in each case:

  1. Taking an Oath or Affirmation or Making a Statutory Declaration
    – subsections 64(1) and 64(4) of The Manitoba Evidence Act
  2. Signing a Will
    – section 4 of The Wills Act.
  3. Giving a Power of Attorney
    – clauses 10(1)(b) and (c) and 10(2)(a) and (b) of The Powers of Attorney Act 
  4. Signing a Health Care Directive
    – subsection 8(2)(b) of The Health Care Directives Act
  5. Giving Consent to a Disposition, Change or Release of a Homestead, or Terminating a Release of Homestead
    – section 9, 11, 13. 22 or 23 of The Homesteads Act

For more information on these checklists and other practical considerations, registration is now open for a free online CPD presentation on Friday, May 29, 2020, jointly presented by the Law Society and the Manitoba Bar Association.

Although the Order also referenced the execution of transfers and mortgages, the Law Society has not created checklists as the Directive on Witnessing documents under The Real Property Act during Covid-19 dated April 1, 2020 has been extended to July 14, 2020 and may be extended further. For information see this latest  LSM update Video Witnessing of Land Titles Documents.

Posted: May 14, 2020 

New Orders Issued under the Emergency Measures Act

Order on Suspension of In- Person Commissioning or Witnessing of Documents

This Order temporarily suspends the requirements for in person commissioning and witnessing of certain critical documents. It sets out steps required when taking an oath or witnessing the signing by video conferencing or through glass or plexiglass. The order is in effect May 13, 2020 to October 1, 2020. This order applies to:

  • Wills;
  • Powers of Attorney;
  • Transfers or Mortgages under The Real Property Act;
  • Homestead consents or releases;
  • Health Care directives;
  • Oaths, affirmations or statutory declarations under The Evidence Act.;

Stay tuned. The Law Society is creating several checklists to address the various statutory provisions to which the Order applies.

Also, the Directive on Witnessing documents under The Real Property Act during Covid-19 dated April 1, 2020 has been extended to July 14, 2020.

Order Temporarily Suspending Corporate meeting Provision

This Order temporarily suspends the requirements for certain meetings of condominium corporations under The Condominium Act, cooperatives under The Cooperatives Act, corporations under The Corporations Act; and credit unions under The Credit Unions and Caisses Populaires Act. The order also permits electronic service, voting and meetings even where otherwise not permitted by the bylaws of the corporation. This Order takes effect beginning on March 31, 2020, and ending on September 30,2020, unless sooner revoked.