The Law Society of Alberta has been collaborating with the Government of Alberta on key issues that impact the legal profession as the COVID-19 situation continues to evolve.

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

The operative sections of the Ministerial Order state:

1. Limitation periods are suspended in the enactments under Appendix A from March 17, 2020 to June 1, 2020.
2. 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.
3. For clarity, the limitation period or period of time resumes running on June 1, 2020, and the temporary suspension period shall not be counted.

View this article for examples of how the Ministerial Order impacts the calculation of limitation periods.

For a discussion of the distinction between the suspension of limitation periods and other court deadlines which are subject to the discretion of a court or tribunal, you may refer to an additional article on our website entitled Suspension of Limitation Periods and Court Deadlines During the Pandemic.

Federal limitation periods have also been suspended. On July 27, 2020, Bill C-20 received Royal Assent and enacted the Time Limits and Other Periods Act (COVID-19) (the Act). This Act addresses time limits included in federal legislation. Perhaps most notably, the suspension applies to the time limits under the Divorce Act. The suspension is retroactive to March 13, 2020 and extends the time limits for a maximum duration of 6 months (until September 13, 2020).

The client identification and verification requirements in Rules 118.1-118.11 continue to apply. However, the Law Society understands that members may face challenges in meeting their obligations. While we continue to expect that lawyers will 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. There is no requirement that it be completed face-to-face.

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.

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 the identity of a client by requiring the lawyer to be in the physical presence of the client. 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 your 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.

If a transaction presents too much of a risk, lawyers should decline to act.

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 you can take now to reduce the risk of theft in your practice.

Lawyers should also remember that they do not need to verify the identity of clients for all matters. Keep in mind the distinction between identifying and verifying the identity of a client. If only client identification is required, lawyers are able to comply with their professional obligations without meeting in-person or via video conference.

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

Managing the Risk of Verification via Video Conference

Where 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.

The Law Society temporarily permitted the use of expired photo identification to complete client verification. Lawyers were permitted to rely on expired drivers’ licenses until May 21 but the Law Society now requires that client verification be based on a current and valid drivers license. Information on renewing Alberta drivers’ licenses is available here.

As passport renewals are still taking an extended period of time, lawyers may temporarily accept passports that expired after March 1, 2020. 

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 wish to consider using another method to verify the identity of the person.

*Updated September 18, 2020

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 August 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 will be in place from August 15, 2020 to February 28, 2021. You can find these documents on the Queen’s Printer website. (Order in Council 211/2020, 212/2020, 213/2020, 214/2020, 215/2020).

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 August 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 will be in place from August 15, 2020 to February 28, 2021. You can find these documents on the Queen’s Printer website. (Order in Council 211/2020, 212/2020, 213/2020, 214/2020, 215/2020).

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 November 27, some businesses will limit their in-person access to reduce the amount of contact between people in the community, while still allowing them to offer services. Law offices are among the businesses that are open by appointment only and are not permitted to offer walk-in services. Appointments should be limited to one-on-one services.

Public health officials recommend many measures, including social distancing. Lawyers should consider conducting routine meetings with clients 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 119.21(1), states that “all withdrawals and transfers from a trust account must be signed by a lawyer of the law firm, unless otherwise authorized by the Executive Director”. 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 119.22(2) 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

Firms must carry fidelity insurance for a non-lawyer to sign a trust cheque as theft by staff is not covered under Part B insurance. Rule 119.22(1)(f) indicates that trust cheques must be fully completed as to the payee and amount before being signed, therefore, it is never acceptable to pre-sign a trust cheque.

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.
• Avoiding downloading firm or client documents onto home computers and devices where they can be accessed by others.
• be alert to cyber-security 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 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.

Over the past weeks the Law Society has received telephone calls and emails from lawyers who are facing termination of their employment as a result of the economic impact of COVID-19.

One development of concern is that lawyers facing termination are being told that Law Society fees, ALIA indemnity levies, bar association fees and other pre-paid expenses are being deducted from the lawyer’s final pay cheque and severance. In some cases, this has resulted in the terminated lawyer being presented with a bill instead of a final cheque. In most cases, the issue is not considered in the employment contract. As a result, employers are reminded that the employment of lawyers and students-at-law is subject to the Alberta Employment Standards Code.

Read more.

We continue to follow the guidance from Alberta Health Services and other government agencies as we make important decisions about our short and long-term operations during the pandemic. The government of Alberta announced its economic relaunch strategy, noting that Calgary and Brooks would reopen more gradually due to the higher case numbers.

In light of this announcement, the Law Society of Alberta, Alberta Lawyers Indemnity Association (ALIA) and Canadian Centre for Professional Legal Education (CPLED) have decided to keep offices closed until Stage 3 of the relaunch plan. Getting to Stage 3 will be determined by the success of Stages 1 and 2 as determined by Alberta Health Services and the government, so we cannot provide a fixed date for reopening at this time.

While offices will remain closed, our staff will continue to work at full capacity remotely to address any urgent needs and deliver essential services. We will post any further updates to our website as needed.

While the Law Society, ALIA and CPLED physical offices remained closed, our Customer Service team is working diligently to respond to and redirect all inquiries. Our general contact line is 403.229.4700, or toll-free at 1.800.661.9003.

To help lawyers and members of the public, we have developed an online form that will contact members of the Customer Service team directly, and where they can respond to you via email or telephone as required. If you have questions regarding bill payments, services offered to members or general inquiries of any kind, please contact Customer Service. For other inquiries or to contact specific departments, visit our Contact Us page.

The Law Society continues to accept information about concerns and complaints about lawyers. Law Society staff are working remotely to ensure that we continue to prioritize and address concerns. Our ability to speak by telephone is limited at this time, and the best way to reach us is by email or through our website. Our staff continue to review concerns and complaints as efficiently as possible, however there may be a delay in responding to communications and to the review process.

Yes, the Practice Advisors are working remotely. Contact information for the Practice Advisors remains the same.

Yes, the Practice Management team is working remotely. Contact information for Practice Management remains the same.

Each court is posting notices, advisories and updates. On May 6, 2020, the Courts shared this update on steps taken by the Courts during the pandemic. 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 following are the Ministerial Orders that have been distributed:

• Ministerial Order permits personal directives, powers of attorney and wills to be witnessed by “electronic methods of communication” where it is impossible or medically unsafe for parties to physically attend before lawyers during the pandemic. (May 15) This has been superseded by Bill 24: COVID-19 Pandemic Response Statutes Amendment Act, 2020.
• Ministerial Order from the Minister of Children’s Services suspending limitation and time periods set out in various acts and regulations during the COVID-19 pandemic. (May 13)
• Ministerial Order permits lawyers to meet with guarantors by two-way video-conferencing, to complete the certificate required under the Guarantees Acknowledgement Act. (May 8) This has been superseded by Bill 24: COVID-19 Pandemic Response Statutes Amendment Act, 2020.
• Ministerial Order temporarily affecting the application of certain sections of the Business Corporations Act and regulation, the Companies Act, the Partnership Act and regulation, and the Societies Act. (April 9)
• Ministerial Order allows emergency protection orders under the Protection Against Family Violence Act and Regulation to be done via telecommunication. (April 7)
• Ministerial Order allowing the registration of Land Titles documents that have been witnessed, sworn or affirmed by Alberta lawyers using two-way teleconferencing. (April 2). View this eBulletin for relevant information about land titles forms as these Orders in Council has superseded the Ministerial Order.
• Ministerial Order to suspend limitations periods on a number enactments from March 17, 2020 to June 1, 2020. (March 30). This suspension has now lapsed. View this article for more information.
• Ministerial Order from the Minister of Justice and Solicitor General outlines guidelines to permit a court clerk or registrar to waive, in whole or in part, certain fees payable to court officials where the applicant is an individual and unable to pay fees. (March 27)

The Government of Alberta publishes Ministerial Orders on their website.

Read more information and the FAQ about the changes made to the articling requirements and PREP subsidy here.

During the student application process, you will be asked for proof of identification.

As a result of the COVID-19 mandate for social distancing, the Law Society has removed the obligation to provide a notarized copy of proof of identification during student-at-law and enrolment applications.

Please provide a government-issued photo ID in the form of a copy of a birth certificate, passport or driver’s licence on which your full legal name appears. Please submit this document through the Lawyer Portal.

Contact the Legal Education Society of Alberta for COVID-19 related updates for the 2019/2020 CPLED Program. Contact the Canadian Centre for Professional Legal Education for updates for the 2020/2021 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 119.21(1), states that “all withdrawals and transfers from a trust account must be signed by a lawyer of the law firm, unless otherwise authorized by the Executive Director”.

• An email confirmation, other electronic authorization or transfer document signed in compliance with Rule 119.22(2) 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.

• The cheque has to be signed by a lawyer within the law firm if you do not have a separate accounting or treasury department to manage this function.
• 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

Firms must carry fidelity insurance for a non-lawyer to sign a trust cheque as theft by staff is not covered under Part B insurance

Rule 119.22(1)(f) indicates that trust cheques must be fully completed as to the payee and amount before being signed, therefore, it is never acceptable to pre-sign a trust cheque.

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 Skype 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.