Schedule A

1. How the executing party was provided with the instrument to be executed (e.g. regular mail, fax, email, etc.).
2. Why in person witnessing could not occur and video witnessing was required (e.g. Due to self-isolation, quarantine, to comply with social distancing orders).

1. The witness is satisfied as to the identity of the executing party either because:
1. The executing party is personally known to them; or
2. The identity of the executing party was proven to their satisfaction, together with details as to manner in which this satisfaction was achieved.
2. The signature was witnessed in a single session during which the witness observed the person signing the instrument and was able, at all times, to see and hear the person signing the instrument.
3. For all instruments generating separate signature pages (eTransfer, eMortgage, eDischarge):
1. prior to execution, the witness saw both the control image and 32 digit control number generated by the form and that these matched the control image and control number of the version of the form sent to the executing party; and
2. subsequent to execution, the witness saw both the control image and 32 digit control number of the executed signature page and that these matched the control image and control number of the form sent to the executing party.
4. For instruments which do not generate signature pages, but do require witnessing (e.g. Transfers utilizing Form 5P (Transfer Under Power of Sale, Transfer of Mortgage, Transfer of Leasehold Title, Transfer of Encumbrance), Postponements, Amending Agreements, Memorandums of Lease, Agreements to Renew, Amend of Extend Lease, Surrenders of Lease, Assignments of Caveats, Transfer of a Security Interest, Assignment of Builders’ Lien):
1. prior to execution, the witness saw the instrument in the possession of the executing party and confirmed to their satisfaction that it was the same instrument sent to the executing party; and
2. subsequent to execution, the witness saw the executed instrument in the possession of the executing party and confirmed to their satisfaction that it was the same instrument sent to the executing party.
5. Subsequent to execution, the original, signed copy of the instrument was received by the witness who verified that the content of the instrument received was identical to the instrument sent to the executing party (but for the addition of the executing party’s signature and any other marking required to be made by the executing party) and then affixed their signature as witness.

1. Best witnessing practice remains for the lawyer to be in the physical presence of the client when the document is executed, keeping in mind the physical distancing mandated by public health authorities.
2. Where risk of infection or other circumstances prevent the face-to-face meeting of lawyer and client, the next best alternative is to witness the document execution through a glass barrier, whether a glass door or partition wall, the door or window to the client’s home, or the closed windows of a car.
3. Where neither of those options is possible, video witnessing in accordance with the Registrar-General’s Directive is an available alternative. The Law Society acknowledges that, in these circumstances, it is not necessary that the lawyer be in the physical presence of the signing party when witnessing the signature, provided that the identity of the signing party can be confirmed and that due care is taken. In every case, the lawyer should complete and keep on file a Declaration of a Manitoba Lawyer who has Witnessed Documents by Electronic Means.

• Fraud and Identity Theft – Be alert for red flags of fraud or identity theft. Fraudsters will try to use the current circumstances and resulting confusion as an opportunity to commit fraud or other illegal acts. Be careful! For more information, check out these resources:
• Avoid a Claim blog post, Remote communication and fraud risks in real estate
• Federation of Law Societies’ Risk Advisories for the Legal Profession resource, pages 2 – 4
• Duress and Undue Influence – Ask who is in the room and write down their names and relationship to the signatory. If they are absolutely required to be there to operate the technology, call the signatory on the telephone after the session so you can have a private conversation. If there is a risk that the client may be subject to undue influence or duress, consider if you are able to assist the client at this time without meeting in person.
• Capacity – Confirm your client’s understanding about the documents they are executing and provide adequate opportunity for them to ask questions during the video conference.

• 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.;