BILL NO. 33

(as introduced)

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

 

Private Member's Bill

 

Personal Directives Act
(amended)

 

Kim Masland
Queens–Shelburne

First Reading: March 23, 2021

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill makes valid a personal directive 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 2008,
the Personal Directives Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 8 of the Acts of 2008, the Personal Directives Act, is amended by adding immediately after clause (l) the following clause:

(la) "presence" means physical presence except where otherwise permitted by Section 3A;

2 Chapter 8 is further amended by adding immediately after Section 3 the following Section:

3A (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 signing of a personal directive if the person is

(a) in the virtual presence of the maker, or a person signing on behalf of the maker; and

(b) a practising lawyer as defined in the Legal Profession Act.

 

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