BILL NO. 35
(as introduced)
3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021
Private Member's Bill
Guardianship Act
(amended)
Kim Masland
Queens–Shelburne
First Reading: March 23, 2021
Second Reading:
Third Reading:
Explanatory Note
This Bill makes valid a guardianship appointment executed in the "virtual presence" rather than the physical presence of a witness if certain conditions are met.
An Act to Amend Chapter 8
of the Acts of 2002,
the Guardianship Act
1 Section 2 of Chapter 8 of the Acts of 2002, the Guardianship Act, is amended by adding immediately after clause (a) the following clause:
- (aa) "presence" means physical presence except where otherwise permitted by Section 19A;
2 Chapter 8 is further amended by adding immediately after Section 19 the following Section:
- 19A (1) Two persons are in each other's virtual presence if both persons can clearly see and hear the other over a secure electronic device.
(2) A person may validly witness the execution of a will or instrument in writing appointing a guardian pursuant to Section 19 if
(a) the person is in the virtual presence of the person making the appointment and of the other witness; and
(b) at least one of the witnesses is a practising lawyer as defined in the Legal Profession Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created March 23, 2021. Send comments to legc.office@novascotia.ca.
