In March 2020, the Minister of Justice and Solicitor General issued Ministerial Order MO2020 (MO) to suspend limitation periods and periods of time within which a step must be taken in any proceeding or intended proceeding subject to the discretion of the court, tribunal, or other decision-maker. The MO was made retroactive to March 17, 2020, and continued until June 1, 2020. The Provincial Offences Procedure Act c. P-34 was excluded from the suspension.

The operative sections of the Ministerial Order state:

Limitation periods are suspended in the enactments under Appendix A from March 17, 2020 to June 1, 2020.

Any period of time within which any step must be taken in any proceeding or intended proceeding is suspended subject to the discretion of the court, tribunal, or other decision-maker from March 17, 2020 to June 1, 2020.

For clarity, the limitation period or period of time resumes running on June 1, 2020, and the temporary suspension period shall not be counted.

This article contains examples of how the MO impacts the calculation of limitation periods.

An additional article on our website entitled Suspension of Limitation Periods and Court Deadlines During the Pandemic addresses the distinction between the suspension of limitation periods and other court deadlines, which are subject to a court’s or tribunal’s discretion.

Federal limitation periods were suspended under the Time Limits and Other Periods Act (COVID-19) S.C. 2020, c. 11 (the Federal Act). The suspension is retroactive to March 13, 2020, and extends the time limits for a maximum duration of six months (until Sept. 13, 2020). Among others, the Federal Act applies to the time limits under the Divorce Act, RSC 1985, c. 3 (2nd Supp).

The client identification and verification requirements in Law Society Rules 119.45-119.58 continue to apply. However, the Law Society understands that members may face challenges in meeting their obligations. While we continue to expect that lawyers endeavour to comply with the rules, we recognize that it may be challenging to verify a client’s identity where the lawyer and the client are unable to meet in person.

Client Identification involves obtaining certain basic information about the client and any third party directing or instructing the client, such as a name and address. This information is required whenever a lawyer is retained to provide legal services to a client, unless an exemption applies. This step can be done over the phone or by video conference. Nothing requires that it be completed in-person.

Client Verification involves reviewing an original identifying document from an independent source, to confirm the identity of clients and third parties. Lawyers are only required to verify the identity of clients and third parties if they are involved in a funds transfer activity, where the lawyer engages in or instructs the payment, receipt or transfer of funds, and an exemption does not apply.

The rules permit lawyers to verify a client’s identity by two methods that do not require meeting face-to-face with the client – the dual process method or using information in a client’s credit file set out in Rule 119.47(6)(iii).

In addition, lawyers should consider whether they may be able to rely upon the previous verification by another person, as permitted under the rules, or verification by an agent.

Until further notice, the Law Society will not require lawyers to verify a client’s identity in the client’s physical presence. Alternative means of verification, such as face-to-face verification via video conference, will be permitted temporarily. This is an interim measure and should not be continued after the current health crisis resolves.

If lawyers choose to verify clients’ identity via video conference, they must attempt to manage some of the risks associated with this practice, as outlined below:

• Ensure that the government-issued identification is valid and current;
• Obtain a copy of the client’s identification prior to the video conference, through a scan sent by email or text;
• Compare the image in the government-issued identification with the client while on the video conference to be reasonably satisfied that it is the same person, and, if possible, take a screen shot of the client with their identification;
• Record the method used to verify the client’s identification and the applicable date;
• Treat the transaction as a high risk transaction and continue to monitor the business relationship as a high risk transaction; and
• Document the efforts made to verify the client’s identity in accordance with the existing rules, and the reasons why the lawyer was unable to verify the client’s identity in accordance with the existing rules.

Lawyers should decline to act in transactions that present too much risk.

Lawyers are reminded that opportunities for fraud and theft can proliferate in the presence of unusual events such as office closures and economic instability. Lawyers should monitor internal controls to ensure the protection of trust funds. Click here for proactive measures and tips to reduce the risk of theft.

Lawyers are reminded that they do not need to verify the identity of clients for all matters, and that they should keep in mind the distinction between identifying and verifying the client’s identity. If only client identification is required, lawyers can meet their professional obligations without meeting in-person or via video conference.

The Law Society verification requirements are different from the requirements of lenders. Lawyers should consult the lender’s instructions when dealing with clients who are borrowing money.

Managing the Risk of Verification via Video Conference

When a lawyer uses a video conference to conduct face-to-face verification of client identity, rather than being in the physical presence of the client or by obtaining the attestation of an agent, the following factors should be considered to help manage the risk:

• Consider whether there are any red flags associated with fraud or money laundering, attempt to mitigate risk, and determine if they should proceed.
  • To review these red flags, see the Law Society’s risk advisories
  • Stay alert to the fact that persons may attempt to use situations like COVID-19 as an opportunity to commit fraud or other illegal acts and be particularly vigilant for red flags of fraud or other illegal activities.
  • Where virtual verification methods are chosen, lawyers must be alert to possible red flags to ensure they are not assisting any illegal activity.
  • Lawyers should document any red flags, any measures they have taken to mitigate risk, and how they arrived at their decision to proceed.
  • If many red flags are present, lawyers must consider whether they should proceed with the matter.
• Consider using another method of verifying identity that may reduce the risk of fraud or money laundering, such as the dual process or credit file methods. For more information about these methods, review the guidance document on the Law Society’s website.

During the pandemic, the Law Society temporarily permitted lawyers to use expired photo identification to complete client verification. Lawyers were permitted to rely on expired drivers’ licenses until May 21, 2022. Where a driver’s license or passport is used to verify client identity, the Law Society now requires that the documentation be valid. Information on renewing Alberta drivers’ licenses is available here and information on renewing a Canada passport is available here.

When verifying client identity using these types of identification documents, the lawyer must determine that the document is government-issued photo ID. Alternatively, the lawyer may want to consider using another method to verify the identity of the person.

*Updated July 5, 2022

Commissioning and notarizing documents is not regulated by the Law Society.

In April, Ministerial Order SA 008/2000 was granted to permit lawyers to witness and commission land titles documents by video. The order expires Aug. 15 but has been replaced with five temporary Orders in Council.

To continue to assist Albertans with self-isolation and physical distancing during the pandemic, Alberta lawyers can continue using two-way video conferencing for some Land Titles & Surveys documents as set out in five Orders in Council (OIC) that temporarily amend the following regulations: the Land Titles Forms Regulation, Dower Act Forms Regulation, Foreign Ownership of Land Regulation, Personal Property Security Forms Regulation and Builders’ Lien Forms Regulation.

These OIC’s amend 20 prescribed forms and were in place from Aug.15, 2020 to Feb. 28, 2021. You can find these documents on the Queen’s Printer website (Orders in Council 211/2020, 212/2020, 213/2020, 214/2020, 215/2020).

On Feb. 24, 2021, the Alberta government issued a series of new Orders in Council 061/2021, 062/2021, 063/2021, 064/2021 and 065/2021. The effect of these Orders is to permit the continued use of video conferencing for the witnessing and commissioning of prescribed documents under the Builder’s Lien Act, the Citizenship Act (Canada), Agricultural and Recreational Land Ownership Act, Dower Act, Land Titles Act and Personal Property Security Act. The ability to use video conferencing will continue for an indefinite period, beyond the former expiry date of Feb. 28, 2021.

The new Orders amend the wording found in the earlier Orders in Council 211/2020, 212/2020, 213/2020, 214/2020 and 215/2020. In addition, the Order in Council 065/2021 has the effect of repealing the former AR 95/2001, passed under the Personal Property Security Act.

The Court of Queen’s Bench has issued a notice providing for some accommodations for affidavits to be used in that court. It permits the commissioning of affidavits using video technology and provides detailed guidance with regard to the required steps a commissioner will need to take.

Physical personal attendance with clients while they sign documents or swear affidavits may not always be feasible during the COVID-19 pandemic.

In April, Ministerial Order SA 008/2000 was granted to permit lawyers to witness and commission land titles documents by video. The order expires Aug. 15 but has been replaced with five temporary Orders in Council.

To continue to assist Albertans with self-isolation and physical distancing during the pandemic, Alberta lawyers can continue using two-way video conferencing for some Land Titles & Surveys documents as set out in five Orders in Council (OIC) that temporarily amend the following regulations: the Land Titles Forms Regulation, Dower Act Forms Regulation, Foreign Ownership of Land Regulation, Personal Property Security Forms Regulation and Builders’ Lien Forms Regulation.

These OIC’s amend 20 prescribed forms and were in place from Aug.15, 2020 to Feb. 28, 2021. You can find these documents on the Queen’s Printer website (Orders in Council 211/2020, 212/2020, 213/2020, 214/2020, 215/2020).

On Feb. 24, 2021, the Alberta government issued a series of new Orders in Council 061/2021, 062/2021, 063/2021, 064/2021 and 065/2021. The effect of these Orders is to permit the continued use of video conferencing for the witnessing and commissioning of prescribed documents under the Builder’s Lien Act, the Citizenship Act (Canada), Agricultural and Recreational Land Ownership Act, Dower Act, Land Titles Act and Personal Property Security Act. The ability to use video conferencing will continue for an indefinite period, beyond the former expiry date of Feb. 28, 2021.

The new Orders amend the wording found in the earlier Orders in Council 211/2020, 212/2020, 213/2020, 214/2020 and 215/2020. In addition, the Order in Council 065/2021 has the effect of repealing the former AR 95/2001, passed under the Personal Property Security Act.

The Court of Queen’s Bench has issued a notice providing for some accommodations for affidavits to be used in that court. It permits the commissioning of affidavits using video technology and provides detailed guidance with regard to the required steps a commissioner will need to take.

The Law Society has provided this guidance to summarize the required and recommended practices. This guidance has been vetted and approved by the Registrar of Land Titles.

The Law Society does not regulate how documents are executed. Lawyers should review the Electronic Transactions Act Section 7 of the Act stipulates that it does not apply to testamentary documents and documents of title.

The Land Titles Office still requires originally executed transfers of land and affidavits.

Effective March 1, 2022, Alberta entered Step 2 of the public health measures easing process. Businesses are no longer required to limit their in-person access. Law offices are among the businesses that are open and are permitted to offer walk-in services. Lawyers who are providing legal services to clients in hospitals, continued care centres, etc. should familiarize themselves with the public health measures that are still in effect.

Public health officials recommend many measures, including social distancing for those facilities that continue to be impacted by COVID-19. Lawyers should consider conducting routine meetings with clients in those facilities by phone or using video-conferencing options such as Zoom, Skype, FaceTime and other platforms. Lawyers must also be aware that some client matters require an in-person meeting. If unable or unwilling to meet in person, lawyers and clients need to be aware of both their legal risks and their health-related risks.

Lawyers should be mindful of their obligations to communicate effectively with clients, even when selecting an alternative means of communication:

• effective communication with the client will vary depending on the nature of the retainer, the needs and sophistication of the client, and the need for the client to make fully informed decisions and provide instructions.
• lawyers must communicate with the client at all relevant stages of a matter, and answer reasonable client requests in a timely and effective manner.

If a firm chooses to change its means of client communication, it should notify clients as soon as practicable.

Rule 119.27(1), states that “all withdrawals and transfers from a trust account must be approved by a lawyer of the law firm with such approval recorded in paper or digital form …”. In practical terms this requirement becomes particularly relevant to individuals in a sole practitioner or small firm setting. Typically, larger firms have segregation of duties where a lawyer authorizes a transaction via paper or electronic methods, with a separate accounting department/individuals delegated to sign cheques.

• An email confirmation, other electronic authorization or transfer document signed in compliance with Rule 119.28 by the lawyer can be accepted to approve the trust transaction (withdrawal or transfer).
• If a firm does not have electronic cheque printing capabilities or unable to place an electronic signature when printing a cheque then they will have to resort to the conventional paper cheque that requires a “wet signature” for it to be honored at the bank.
• The cheque has to be signed by a lawyer within the law firm.
• If a trust cheque requires signature during a time where there is no active lawyer of a law firm available an alternate signatory must be approved by the Law Society.

Requesting Approval

Requests to have an alternate signatory approved should be submitted to trust.safety@lawsociety.ab.ca prior to the absence and must include the following information:

• The time period needed
• The full name of the proposed alternate signatory
• Reason for the request

Please note the Rules of the Law Society of Alberta no longer allow for a non-lawyer to have signing authority on a law firm trust account. Only active lawyers employed by the firm or an active lawyer not employed by the firm (with Law Society approval) may have signing authority on trust accounts. Please refer to Rule 119.27 (3) of Part 5.

Cheques must bear the signature of a lawyer authorized to sign the cheque; and a non-lawyer may only provide a second signature on the cheque. Please refer to Rule 119.30 (1).

If lawyers have disaster or business continuity plans in place for their workplaces, they should review these now and consider to what extent the plans should be implemented at this time. Read our:

• 18 Recommendations for the Business of Law Amidst COVID-19
• Protecting Client Confidentiality and Data Security While Working Remotely
• Guide for Law Firms: Returning to the Office after the Pandemic
• Loss Prevention During COVID-19
• COVID-19 and Questioning by Video

If lawyers do not have plans in place, or existing plans do not adequately address the concerns raised by COVID-19, they should review the below resources and consider the recommended planning steps:

• Law Society of Alberta: Disaster planning and recovery resources
• Canadian Bar Association: Pandemics in the Workplace: A Resource for Lawyers
• LawPRO®: Managing Practice Interruptions
• American Bar Association: A Lawyer’s Guide to Disaster Planning

Other specific practice management considerations for lawyers and firms preparing for practice interruptions include:

Working from Home

If lawyers or law firm staff choose to work remotely from home, they should consider whether all the key information they require is readily accessible and current. This includes client contact information, client files, staff and service provider contact information, bank account information, and passwords for personal and staff voicemail, computers and emails.

Lawyers and staff should also consider how they will:

• keep client information confidential from family members or others
• communicate with clients and other firm members
• secure and receive deliveries to their offices
• continue to delegate to, and appropriately supervise, other staff.

Consider these practices and tips if working from home:

• Protect your passwords
• Lock your computer if leaving it unattended
• Work in a private area, particularly if you are video-conferencing or dialing into meetings
• Safeguard physical records and documents – ensure that the information is only visible to you and emphasize to others that no one else is permitted to look at the documents. Lock them away if necessary.
• Avoid downloading firm or client documents onto home computers and devices where they can be accessed by others.
• Be alert to cybersecurity hazards and phishing, particularly in a disrupted environment. Home computer systems may also not have the same security levels as those in the office. If possible, it is best for staff to work remotely using a work-issued laptop with updated security. If not, they should ensure they have updated security and are using strong passwords.

For more information, consult other resources such as these webinars: A Legal Professional’s Guide to Securing Your Home Network and Prioritizing in a Pandemic for Law Firms.

Illness or Absence of Lawyers or Staff

Lawyers and staff should consider what tasks are affected if they are unable to attend the office, and ensure that coverage is provided so that clients are not prejudiced. Consult the firm’s diary system to ensure filing deadlines can be met and other scheduled events may be managed or rescheduled.

Ongoing Communication

Firms should engage in timely communication with clients and staff if changing their business hours, using alternative means of communication, anticipating delays in communication, or changing firm operations. Consider using email updates, notices on websites, or other means, based on the needs of clients and staff.

Communication with employees is key. There is no ‘business as usual’ in the current environment. Firms should reassure their professional and support staff of measures they are taking to provide for their safety and to maintain business continuity.

Firms should also be alert to the well-being of their staff. Many will feel personally isolated, or may be facing financial stress. Provide reassurance and set up a regular schedule to keep in touch by video or phone, not just through email.

For questions about professional liability in the context of COVID-19, lawyers should contact the Alberta Lawyers Indemnity Association.

Lawyers should also contact their insurance providers to obtain information about their commercial general liability and business interruption coverage, to determine the scope of their coverage and any possible exclusions.

If lawyers have specific questions about how to comply with their professional and regulatory obligations, they may contact:

• Practice Advisors
• Practice Management
• Trust Safety

First consider whether matters need to be addressed on an urgent basis or whether they can be delayed. Is an in-person meeting necessary? Can a closing be delayed?

In some cases, face-to-face meetings with clients may be required if the legal services are considered to be an essential service. This might be a difficult decision for some lawyers, staff and clients to make. It is otherwise reasonable to limit direct contact with clients up to the point where documents must be personally executed, witnessed or commissioned, or personal attendance is necessary.

In the case of wills, consider whether it is possible to assist the client to write a holographic will over the phone or by video, as one example. Also consider whether it is possible to engage health care professionals or staff at a residential facility to act as witnesses, if they are already working in the setting where the client is located and where the document will be executed. If this is a possibility, the lawyer can review the will by video-conference with the client, and conduct the assessment of the testator’s capacity, while the staff at the facility can witness the physical document.

In circumstances where in-person attendance is an essential service and may be required for the execution of certain documents or for other purposes, firms should engage in a number of best practices to maintain the safety of their lawyers, staff and clients. Follow all Health Canada recommendations to limit exposure to and the spread of the virus. This includes hand hygiene, respiratory etiquette, environmental cleaning and social distancing.

Some suggestions to prevent or minimize the risk of infection that might arise from meeting clients include the following:

• Before arranging any meetings, ask clients and other visitors about symptoms and possible exposure to COVID-19.
• Place signs at the office entrance, listing the COVID-19 symptoms and asking those with symptoms not to enter.
• Discourage those who are sick from visiting the office. If they must leave their homes, they should wear masks.
• Do not allow people to linger in the firm’s lobby. Consider removing chairs from the lobby.
• Meeting in-person does not necessarily mean being in the same room. If you can see the client in-person while they are signing, you do not have to be in the same room with them. Clients might execute a document in their cars while the lawyer stands nearby, as one example.
• Identify a designated board room where all firm meetings with clients will take place. This will make it easier to disinfect the surfaces of the table and chairs before and after each client meeting.
• Have sanitizing gel on hand in the boardroom, or a wash station nearby, and ensure all participants clean their hands before and after the meeting.
• Consider asking clients to bring their own pens.
• Keep a distance of least two metres from the client during the meeting and keep the meeting as brief as possible. Do not shake hands.
• Have the documents ready at the opposite end of the table for the client to review and sign. The lawyer should have a separate set of copies to allow them to explain the documents to the client and to answer questions. If possible, try to have these discussions in advance of the meeting.
• Minimize the number of people in the office who handle the executed documents and ensure they wash their hands after doing so. Gloves are another alternative.

Albertans should also refer to the following resources:

• Government of Alberta: COVID-19 Info for Albertans 
• Government of Canada: Coronavirus Disease: Being Prepared 
• Government of Canada: Coronavirus Disease (COVID-19): Prevention and Risks

While the COVID-19 situation is unprecedented for many law firms, lawyers and organizations, it is important that we put measures in place to protect all employees, including legal support staff, articling students and lawyers. View our Protecting Your Staff During COVID-19 article.

Firms and organizations should stay aware of national, provincial and municipal updates and guidance. Alberta’s Occupational Health and Safety (OHS) legislation requires employers do everything they reasonably can to protect the health and safety of their employees. This means ensuring staff have everything they need to do their jobs in a healthy and safe manner.

If your office is still operating from a physical location, it is important to protect lawyers, students and support staff by:

• Implementing physical distancing measures such as making sure staff aren’t working side-by-side, in-person meetings are being reduced and catering is not being shared.
• Using electronic means and courier services to deliver information to clients and other law firms.
• Avoiding unnecessary out-of-office errands.
• Setting staff up to work remotely wherever possible.
• Implementing client identification and verification processes using the dual-process whereby the client sends original documents or shows documents over video (for phone or bank statements).

This is particularly important where there are circumstances of power imbalance and fear of reprisal for saying no to a potentially unsafe situation.

Our Practice Advisors and Equity Ombudsperson are available to provide confidential information and guidance to help Alberta lawyers, legal support staff and articling students with legal, ethical and practice inquiries.

Some legal services may be offered by video conferencing. When able to use video conferencing for the provision of legal advice or services, lawyers should:

• Confirm the client’s consent to proceed in this manner.
• Ask that all individuals in the remote location introduce themselves.
• Ensure that there is no one else at the remote location who may be improperly influencing the client.
• Ensure 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 the client sends a copy of the document in advance of the online meeting and that, when it is produced, the entire document is visible and legible.
• Determine how to provide the client with copies of documents to be discussed or which may be executed remotely.
• Confirm the client’s understanding about the services they are receiving and provide adequate opportunity for them to ask questions during the video conference.
• Maintain detailed records including the date, start and end time, method of communication, identity of all present, and the details of the discussion.

The Law Society is currently piloting a hybrid work environment.

Our offices are open to the public during regular business hours from 8 a.m. to 4:30 p.m., Monday to Friday. Law Society staff who are working remotely also continue to be available via email or phone during business hours. Visit our Contact Us page for more information.

The Practice Advisors and our Practice Management team are working in a hybrid environment and are available. Contact information for both groups remains the same.

Please note that proof of vaccination is required to enter our office space. Please do not visit our office if you are symptomatic, have tested positive within the past 10 days or been in recent close contact with someone who is symptomatic or has tested positive.

Each court is posting notices, advisories and updates. For more information, you can check the website for each court:

Provincial Court of Alberta
Court of Queens Bench of Alberta
Court of Appeal of Alberta
Supreme Court of Canada

The Law Society has distributed a number of Ministerial Orders that impact the practice of law through our eBulletins.

The Government of Alberta publishes Ministerial Orders on their website.

In response to potential impacts the pandemic might have on articling students and law firms, an amendment to Rule 56 setting the term of articles at a minimum of eight months and a maximum of 12 months was approved in April 2020.

No expiration of this rule amendment was built into the Rules, but the Law Society made a commitment to review the impact of this change to the articling term. While we are not yet at the end of the review period, the Benchers confirmed that the eight to 12-month articling term will remain in place for 2021-2022 as students and employers continue to navigate the pandemic.

Contact the Canadian Centre for Professional Legal Education for updates for the CPLED Program.

If you have trust account activity and are continuing to use your trust account to receive or disburse client funds, consider:

• Sending scanned or electronic documents, using a secure e-mail, to your bookkeeper
• Keeping your financial records current yourself
• Even if you are not using your trust account, you should continue to review the monthly bank statements to ensure there is no activity and perform bank reconciliations.
• Keep manual records (client listing, journals, ledgers etc) if unable to access your trust accounting software remotely

Yes. Rule 119.27(1), states that “all withdrawals and transfers of trust money must be approved by a lawyer of the law firm, with any such approval recorded in paper or digital form and maintained with the monthly reconciliation of the law firm’s trust accounts.”

• An email confirmation, other electronic authorization or transfer document signed by the lawyer can be accepted to approve the trust transaction (withdrawal or transfer).
• The use of an electronic signature to approve or sign the transfer document is permitted by the lawyer. Lawyers should implement strong access and security controls over the use of their electronic signature, such as using a strong password and two-factor authentication.

Rule 119.27(1), states that “all withdrawals and transfers from a trust account must be approved by a lawyer of the law firm with such approval recorded in paper or digital form …”. In practical terms this requirement becomes particularly relevant to individuals in a sole practitioner or small firm setting. Typically, larger firms have segregation of duties where a lawyer authorizes a transaction via paper or electronic methods, with a separate accounting department/individuals delegated to sign cheques.

• An email confirmation, other electronic authorization or transfer document signed in compliance with Rule 119.28 by the lawyer can be accepted to approve the trust transaction (withdrawal or transfer).
• If a firm does not have electronic cheque printing capabilities or unable to place an electronic signature when printing a cheque then they will have to resort to the conventional paper cheque that requires a “wet signature” for it to be honored at the bank.
• The cheque has to be signed by a lawyer within the law firm.
• If a trust cheque requires signature during a time where there is no active lawyer of a law firm available an alternate signatory must be approved by the Law Society.

• The time period needed
• The full name of the proposed alternate signatory
• Reason for the request

Please note the Rules of the Law Society of Alberta no longer allow for a non-lawyer to have signing authority on a law firm trust account. Only active lawyers employed by the firm or an active lawyer not employed by the firm (with Law Society approval) may have signing authority on trust accounts. Please refer to Rule 119.27 (3) of Part 5.

Cheques must bear the signature of a lawyer authorized to sign the cheque; and a non-lawyer may only provide a second signature on the cheque. Please refer to Rule 119.30 (1).

During the COVID-19 pandemic, some accommodation will be made by Trust Safety for the commissioning of affidavits in circumstances where it is not possible or it is medically unsafe for the deponent to physically attend before a commissioner. Lawyers who act as commissioners or notaries can commission affidavits via Zoom or other video technology for use in their Trust Safety application to Operate a Trust account or Exemption as long as they adhere to the Court of Queen’s Bench guidelines.