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(as introduced)

3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021


Private Member's Bill


Guardianship Act


Kim Masland

First Reading: March 23, 2021

(Explanatory Note)

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

Be it enacted by the Governor and Assembly as follows:

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.


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