Each province or territory has signing requirements, but Ordinary and Enduring POAs usually don’t need notarization.
However, the Land Titles Act in your jurisdiction may apply if your attorney handles real estate transactions or files the POA at the Land Titles Office. In this case, you’ll likely need to notarize your document.
Although signing rules typically apply to Enduring POAs, some provinces (e.g., Nova Scotia) also have requirements for Ordinary POAs. In any case, it’s a good idea to have at least one person witness your Power of Attorney. For this reason, LawDepot’s Power of Attorney template always includes a witness signing line.
The following table outlines signing requirements for Enduring POAs in Canada.
JurisdictionSigning requirements AlbertaOne witness British ColumbiaTwo witnesses (or one if the witness is a lawyer or an authorized notary public) ManitobaOne witness (must be someone who holds a specific office, such as a lawyer or notary public) New BrunswickOne practicing lawyer from the Law Society of New Brunswick NewfoundlandOne witness Northwest TerritoriesOne witness Nova ScotiaTwo witnesses NunavutOne witness OntarioTwo witnesses Prince Edward IslandOne witness QuebecNo witnesses required SaskatchewanTwo witnesses or one lawyer YukonOne lawyer from the Law Society of Yukon