On February 16th, Ontario's Attorney General,
Doug Downey, moved for the first reading of Bill 245, the
Accelerated Access to Justice Act, 20211. Amongst other
legislative amendments, the Bill proposes changes to the
Substitute Decisions Act, 1992 and to the Succession
Law Reform Act.
With respect to the Substitute Decisions Act, 1992, the
proposed amendments will permit remote witnessing of Powers of
Attorney on a permanent basis. The amendments will apply to
any Powers of Attorney signed on or after April 7th,
2020. Remote witnessing by means of audiovisual communication
technology will also be permitted, on a permanent basis, for Wills
made on or after April 7th, 2020, pursuant to the
amendment of section 4 of the Succession Law Reform Act,
which governs the execution of Wills. Remote witnessing had
been permitted by regulations made under the Emergency
Management and Civil Protection Act, as a temporary measure to
respond to the COVID-19 pandemic.
