Effective September 30, 2023, the following COVID-related remote witnessing measures have been retired, in line with the removal of province-wide COVID restrictions.
- Practice Bulletin 01-20: Process for Remote Witnessing of Affidavits for use in Land Title Applications.
- This Practice Bulletin enables legal professionals to swear land title affidavits remotely.
- Changes to E-filing Directions for Supporting Documents.
- This document allows a true copy instead of the original supporting document to be used for e-filing.
- Blanket authorization of s. 49 affidavit use due to COVID medical concerns.
- The registrar authorized the use of COVID-related s. 49 affidavits, which facilitates the signing of land title instruments without being in the presence of an officer. The reason for the affidavit “It was medically unsafe due to Covid-19” will be removed in myLTSA from the Form Declaration s. 49 Affidavit.
Although the blanket authorization of Land Title Act s.49 affidavits will be retired, practitioners can still make a request to the Registrar for the use of a Land Title Act s.49 affidavit related to COVID medical concerns. The request must be specific to the transferor’s unique circumstances. The Registrar will consider the facts of each affidavit on a case-by-case basis and if satisfied, will accept the affidavit of execution in lieu of officer certification.
Though unrelated to the retirement of COVID measures, customers are reminded that remote witnessing of Enduring Powers of Attorney, which was made permanent by s.17.1 of the Power of Attorney Act, remain in effect. Read Practice Bulletin 02-11 – Enduring Powers of Attorney for practice guidance regarding land title requirements for enduring powers of attorney that have been remotely witnessed under the alternative witnessing processes and are to be used for land title purposes.