Remote witnessing

How BC law treats it

Most business contracts, including share purchase agreements, leases of three years or less and service agreements, are valid without any witness. The Electronic Transactions Act, SBC 2001, c 10 allows electronic signatures to satisfy legal signature requirements in most cases, so these documents can be signed electronically. A witness becomes important only where a statute, the document itself or the receiving party requires one. Documents registered in the land title register must be executed before an officer, such as a lawyer, notary public or commissioner, who certifies the signature under Part 5 of the Land Title Act, RSBC 1996, c 250. Affidavits must be sworn or affirmed before a commissioner for taking affidavits. Whether these steps can be done by video depends on current Land Title and Survey Authority requirements and Law Society of British Columbia guidance, which generally require identity verification and careful record keeping. For wills, the Wills, Estates and Succession Act, SBC 2009, c 13 was amended in 2020 to allow witnesses to be present electronically, subject to conditions. Enduring powers of attorney have their own statute. A document signed in BC for use in another country may need notarization and, since Canada joined the Hague Apostille Convention in 2024, an apostille; the receiving country's rules decide whether remote notarization is accepted.

What it means for your business

Remote signing lets deals close with parties in different cities or countries without travel or couriers. The risk is assuming that every document can be signed the same way. A transfer, mortgage or affidavit that is not properly witnessed can be rejected by the Land Title Office or the court, delaying a closing or a hearing. Businesses should sort their closing documents into those that only need an electronic signature and those that need an officer or commissioner. Example: Before closing a share sale, a Vancouver company has the shareholders sign the agreement and resolutions electronically, but arranges for the vendor in Calgary to have the related land transfer executed before a lawyer under the Land Title Office's current requirements.

Risks and common mistakes

Assuming a signature witnessed over a video call meets Land Title Office execution requirements without checking current rules. Adding unnecessary witness lines to commercial contracts, creating doubt when they are left blank. Confusing remote witnessing of a signature with a witness giving testimony by video in court. Having a foreign signatory notarize remotely without confirming the document will be accepted in BC or the destination country. Failing to keep a record of how the signer's identity was verified during a remote signing.