Invoice 245: Modernizing Wills and Power of Attorney for the 21st Century – Household and Marriage


Bill 245: Modernizing Wills and Power of Attorney Legislation for the 21st Century

July 22, 2021

Gardiner Roberts LLP

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Virtual signing

April 7, 2020

  • The Government of Ontario adopts Ontario Regulation 129/20 under Subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act
  • The regulation allows for the certification of wills made under the Succession Law Reform Act (“SLRA”) and powers exercised under the Substitute Decisions Act, 1992 (“SDA”) using “audio-video communications technology” and in counterparts

Virtual signing

April 19, 2021

  • Bill 245 with royal approval ace
    • Annex 8 adds section 3.1 to the SDA
    • Appendix 9 amends Section 4 of the SLRA
    • Both changes authorize virtual signing under
  • Ontario Regulation 129/20 permanent

Virtual signing

April 19, 2021

  • Requirements for the signature with audiovisual communication technology:
    • At least one person who appears as a witness at this time is a licensee under the Law Society Act
    • The signatures and subscriptions required by the specific legislation are simultaneous (i.e. sharing the same document for witness signatures at different times is no longer allowed).
    • The prescribed requirements, if any according to the specific legal provisions, are met
  • Documents can be filled in on the counterpart by signing complete and identical copies

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The content of this article is intended to provide general guidance on the subject. You should seek expert advice regarding your specific circumstances.

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