Requirements

1. Video Conferencing Capability¹
    
   Lawyer or notary will need to utilize a video conferencing capability (“VC”) that is easily accessible by their clients.
   
   Some clients may not have video cameras on their computers, but the VC should work on their cell phone (which will in all likelihood have a camera).
   
   LDD has a recommended VC for lawyers and notaries who do not otherwise have a preferred VC. Please ensure that the video and sound quality of your VC are good and that all of the parties can use it.
   
   
2. Document Scanning and Transmission
   
   Clients will need to have access to a reliable document scanning capability to upload documents (via mobile phone) and transmit them to the lawyer or notary. Lawyers and notaries should also ensure that documents can be couriered to clients if necessary.
   
   Adobe  Scan  can  be  downloaded  by  the  client  to  their  mobile  phone  to facilitate  the scanning of documents, and the app can be found on the Apple App Store for IOS devices or the Google Play Store for Android devices. Documents scanned through Adobe Scan will be saved  by  Adobe  as  customer  data².  Please note that  LDD  makes  no  representation  or warranty as to Adobe's assurance of data storage or retention. Lawyers and notaries should consider recommending that the client delete all copies of the scanned documentation after the lawyer or notary confirms they have a copy.
   
   
3. Virtual Commissioning and Execution of Land Title Documents
   
   The  closing  protocol  discussed  in  this  document  relies  on  contents  of  BC  Land  Titles  and Surveys’ Practice Bulletin No. 01-20 attached as Schedule A1.
   
   
4. Electronic Signatures
   
   The process described in item 5 below contemplates clients affixing wet signatures to paper documents. This process may evolve to the use of electronic signatures once this type of functionality can be factored into the procedure below.
   
   
5. Virtual Closing Procedure
   
   Establish time for video conference with client at least 48 hours before closing to allow for time to courier documents if necessary.
   
   Client to provide scanned copies of identification before scheduled video conference for lawyer’s or notary’s review.
   
   Send electronic copies of documents to be reviewed with and/or signed by client in advance of the video conferencing meeting.
   
   If Land Title Documents are being signed remotely (not in the presence of an officer), one or more affidavits of execution under section 49 of the Land Title Act will be required. RealtiWeb British Columbia currently has two versions of this affidavit. Section 49 Affidavit - Execution by a Corporation and Section 49 Affidavit - Execution by an Individual. These are set up to deal with transferors remotely signing transfers and mortgagors remotely signing mortgages. Each of these two versions has a remote jurat type and a non-remote jurat type. Affidavits with a remote witnessing jurat are identified by the (Remote) wording  at  the  end  of  the  affidavit's name. The Affidavits of Execution are available under the Land Registration Documents category on the Docs page.
   
   All other documents should contain a jurat or a paragraph at the end of the body describing that the deponent was not physically present before the commissioner, but was linked with the commissioner utilizing video technology and that the process described in the British Columbia Court of Appeal Notice dated March 27, 2020 for remote commissioning of affidavits was used.
   
   If execution by an individual of a document for registration is to be proven by way of an affidavit of execution under s. 49, Land Title Act, an additional staff member (who will swear the required affidavit) will need to be acquainted with the client’s signature over a video conference or comparing the client’s signature against another one of their known signatures.
   
   Lawyer or notary meeting with client is required to have printed copies of affidavits and statutory declarations.
   
   LDD will allow subscribers to post closing documents to client portal and client will click link to portal and answer 2 authentication questions to gain access to documents in portal.
   
   Client downloads and prints paper copies of documents.
   
   Lawyer/notary reviews documents with client during video conference, ensuring that documents in possession of lawyer/notary and client are the same, and both lawyer/notary and client initial each page of their printed documents.
   
   Lawyer or notary witnesses/commissions wet signature of documents by client (see attached Schedule B for Video Conferencing check list).
   
   Client scans signed documents and emails them to lawyer or notary.
   
   Lawyer/notary compares scanned copy with copy lawyer/notary reviewed affixes wet signature to applicable scanned and/or original copies of documents from client.

Schedule A1 – LTSA April 6 Practice Bulletin 01-203

1. Any affidavit to be sworn using video technology must incorporate a statement into the jurat describing that the deponent was not physically present before the lawyer or notary public, but was linked with the lawyer or notary public utilizing video technology, that the process described below for remote commissioning of affidavits was utilized and that the lawyer or notary complied with the Law Society of British Columbia best practices for using video-conferencing when providing legal advice or services issued by the Law Society of BC, reproduced below in Schedule A. See Schedule B below for an example of the required jurat language.
   
   
2. While connected via video technology, the deponent must show the lawyer or notary public the front and back of the deponent’s current provincial or federal government-issued photo identification. The lawyer or notary public must compare the video image of the deponent and information in the deponent’s government-issued photo identity document to be reasonably satisfied that it is the same person and that the document is valid and current. The lawyer or notary public must also take a screenshot of the front and back of the deponent’s government-issued photo identity document and retain it.
   
   
3. The lawyer or notary public and the deponent are both required to have a copy of the affidavit, including all exhibits, before each of them while connected via video technology.
   
   
4. The lawyer or notary public and the deponent must review each page of the affidavit and exhibits to verify that the pages are identical, and if so, must initial each page in the lower-right corner.
   
   
5. At the conclusion of the review, the lawyer or notary public will administer the oath, the deponent will state what needs to be said to swear or affirm the truth of the facts, and the lawyer or notary public must watch the deponent sign his or her name to the affidavit.
   
   
6. The deponent will then send the signed affidavit with exhibits electronically to the lawyer or notary public.
   
   
7. Before completing the affidavit, the lawyer or notary public must compare each page of the copy received from the deponent against the initialed copy that was before him or her in the video conference and may affix his or her name to the jurat only upon being satisfied that the two copies are identical.
   
   
8. The two copies of the affidavit may then be submitted to the land title office with the rest of the land title package. An affidavit is a supporting document under section 168.43 of the Land Title Act and must be attached to a Declaration form. See Supporting Documents for Electronic Applications for more guidance
   

Schedule A: Law Society of British Columbia best practices for using video-conferencing when providing legal advice or services

1. Confirm the client’s consent to proceed in this manner.
   
2. Ask that all individuals in the remote location introduce themselves. 
   
3. Ensure there is no one else at the remote location who may be improperly influencing the client.
   
4. Make sure that audio and video feeds are stable and that you can hear and see all parties.
   Where identification is produced to support verification of identity, ensure that a copy of the document (front and back) is sent to you in advance of the online meeting and that when it is produced that the entire document is visible and legible.
5. Determine how to provide the client with copies of the document executed remotely.
6. Confirm your client’s understanding about the documents they are executing and provide adequate opportunity for them to ask questions during the video conference.
7. Maintain detailed records including: date, start and end time, method of communication, identity of all present, and minutes of content of meeting.

Schedule B: Preferred form of jurat

Recommended jurat based on the British Columbia Court of Appeal Notice dated March 27, 2020 - 4

Schedule A2

Affidavits of Execution under Section 49, Land Title Act - 5

1. Preferred forms of affidavits are guidelines only and customers can submit variations in content and format.
   
2. Preferred forms of affidavit listed on Help Site at https://help.ltsa.ca/list-preferred-forms-affidavits.
   
3. Examples of preferred forms of affidavits in light of Covid-19 can also be found at https://ltsa.ca/news/update-preferred-forms-affidavits.
   
4. See paragraphs 5.88 to 5.101 of the Land Title Practice Manual
   

Video conferencing to facilitate swearing of a section 49 affidavit

1. Include another staff member from the firm in the initial video conference to verify the client’s identity and signature on camera.
   
2. Client then sends picture of signature to the practitioner and staff member.
   Staff member is in a position to swear that he/she is acquainted with the transferor’s signature.
3. Client could subsequently sign land title documents without an officer witness and send them to the firm’s staff member who would then swear an affidavit of execution.

Schedule B Video Conference Checklist

1. Confirm the client has received and printed the following documents: [INCLUDE LIST OF DOCUMENTS SENT TO CLIENTS]
   
2. Review and explain each document, ensuring that:
   
1. The paper copies you and client have are the same 
   
2. Client has initialed the bottom right hand corner of each page of their copy 
   
3. You have initialed the bottom right hand corner of each page of your copy
   
3. Confirm client’s understanding of the documents and provide sufficient opportunity for client to ask questions.
   
4. Have client angle camera, if required, when signing so signing of documents can be witnessed.
   
5. Have client hold documents to camera after signing to ensure signed correctly.
   

1. If sworn: “Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?” or 
   
2. If affirmed: “Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?”

1. Client to scan and e-mail signed documents to lawyer or notary.
   
2. Compare each page of the copy received from the deponent against the initialed copy that was before him or her in the video conference and may affix his or her name to the jurat only upon being satisfied that the two copies are identical.
   
3. For commissioned documents:
   
1. Compare each page of the copy received from the deponent against the initialed copy that was before him or her in the video conference and may affix his or her name to the jurat only upon being satisfied that the two copies are identical; and
   
2. Combine your copy of the commissioned documents with client’s scanned copy
   

END OF MEETING