Transfers witnessed within Canada
The witnessing rules for transfers signed within Canada are set forth in section 72.5 of The Real Property Act. The signature of parties signing transfers executed within Canada may be witnessed by any one of the following persons signing as witness:
a. By a lawyer who is entitled to practice law in the province or territory where the transfer was executed;
b. If the transfer was signed in either British Columbia or Quebec, by a notary public who is authorized to practice in accordance with the laws of that province; or
c. Where it is not possible to find a witness set out above (usually due to extreme remoteness), before a person entitled to administer oaths either inside or outside Manitoba (as appropriate), as set out in sections 62 and 63 of The Manitoba Evidence Act.
This option is at the discretion of the district registrar and requires pre-approval, in writing, from the district registrar, which if granted, will provide you with a FORM 30 Witness Statement which must be completed by the witness and registered as supporting evidence with the Transfer).
In all cases, the witness must set forth their name, position and address beneath their signature as witness. No affidavit of execution is required.
Transfers witnesses outside of Canada
The witnessing rules for transfers signed outside of Canada are set forth in section 72.6 of The Real Property Act. The signature of parties signing transfers executed outside of Canada may be witnessed by any one of the following persons signing as witness:
a. By a lawyer who is entitled to practice law in the jurisdiction where the transfer was executed;
b. By a notary public who is authorized to practice in accordance with the laws of the jurisdiction where the transfer was executed;
c. By a person entitled to administer oaths outside of Manitoba (as set out in section 63 of The Manitoba Evidence Act); or
d. By notary certificate. Transfers executed outside of Canada can be proven by a notary public in accordance with section 68 of The Manitoba Evidence Act. This involves a party signing before a notary public who, instead of signing the transfer as a witness, executes and attaches a certificate (in the form prescribed by that Act), affixing to it their seal of office.
In all cases, the witness must set forth their name, position and address beneath their signature as witness. No affidavit of execution is required.