The authorisation for notaries to carry out remote acts, a measure that came into being following the complications caused by the COVID-19 pandemic in March 2020, will be extended until 31 August 2022.
As soon as the pandemic began, a ministerial decree was issued authorising the notarial act in technological minute, i.e. the drafting of notarial acts by videoconference and with the help of electronic signatures. This derogation from the usual formalities, which require "handwritten signature in the physical presence of the notary on a paper document" (Chambres des Notaires du Québec, 2021), does not affect the value of the act. Indeed, these virtual meetings are governed by very strict rules enabling notaries to ensure the identity of their clients.
It was intended that these electronic signatures would be accepted until September 2021. However, last August the Minister of Justice announced that the ministerial order in question would be extended until 31 August 2022.
The extension of this measure to ensure accessibility to judicial and notarial services is definitely welcome. The statistics published by the Chambre des notaires last August attest to its usefulness: since the beginning of the pandemic, no less than 239,364 projects have been completed and more than half of Quebec's notaries have registered on the platform in order to be able to offer these services.
For many of us, the pandemic has meant the death of loved ones as well as necessary discussions about death, which will certainly have motivated some to take action to draft or update their will. In these circumstances, the increased accessibility of notarial services is a definite advantage: it is very reassuring to have access to these services from the comfort of one's home and to know that our documents will have the same value.
However, it is important not to confuse the drafting of one's own will using forms that can now be found online with these virtual services offered by Quebec notaries and made possible by the Ministerial Order. Indeed, even if it is rather easy to find, online, various models to start the self-drafting of one's will, nothing is equivalent to the secure services and advice offered by notaries, even if they are received by videoconference.
This health crisis has certainly allowed us to put forward our creativity in finding technological solutions to urgent problems. Let's hope that these new modern procedures, if they prove to be effective and safe, can be perpetuated permanently for those who wish to do so!