Emergency Order: Permitting Virtual Witnessing of Wills and Powers of Attorney

  • 07 avril 2020

Please note that the Lieutenant Governor in Council has made an order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act, providing that for the duration of the emergency: 

  • a requirement under the Succession Law Reform Act that a testator or witness be present or in each other’s presence for the making or acknowledgment of a signature on a will or for the subscribing of a will; and, 

  • a requirement under the Substitute Decisions Act, that witnesses be present for the execution of a power of attorney,  

may be satisfied by the means of audio-visual communication technology, provided that at least one person who is providing services as a witness is a Law Society of Ontario licensee at the time. 

“audio-visual communication technology” means any electronic method of communication in which participants are able to see, hear and communicate with each other in real time.  

You can find a copy of the Order attached here

The Order in Council will also be posted on this website: https://www.ontario.ca/search/orders-in-council and on e-Laws, as a regulation under the Emergency Management and Civil Protection Act at: https://www.ontario.ca/laws/statute/90e09?search=emergency+management