Schedule VIII: Land Titles Witnessing Rules

For all documents signed after December 4, 2011

Corporate Seal ≠ Witnessed	No Parties as Witnesses
“New System” Documents signed by a corporation or credit union must be witnessed. A corporate seal now does nothing for “New System” purposes.	No one who is a party or signs on behalf of a party can: (i) Be a witness to the document; or (ii) Take an Affidavit of Witness for that document.
The new rules apply to:	The new rules don’t apply to:
• Individuals, • Corporations, • Credit unions, and • Other organizations.	A) Documents registered by parties who aren’t owners of an interest in the land.   Examples: • Caveat, • Judgment (Form 21.1), • Notice exercising power of sale, • Builders’ lien, • Condominium lien, • Legal aid statement B) Documents or executions under The Homesteads Act. Those are governed by that Act.   C) Documents executed by Federal & Provincial Governments or their Agencies • The Government of Manitoba and its agencies; • Municipalities and local government districts; • The governments of other Canadian provinces and territories and their agencies; • The Government of Canada and its agencies; or • National, state or provincial governments outside of Canada and their agencies.
Old system documents and RPAs
The rules for RPAs and O/S documents haven’t changed. For Old System documents & RPAs, signed by individuals, ALL witnesses (including lawyers & notary publics) must swear an Affidavit of Witness.

Rules for witnessing transfers of land and encumbrances (but not mortgages)

RULE 1 - Transfers Signed in Canada In Canada: Transfers must be witnessed by: A lawyer who practices in the province/territory where they’re signed; or If signed in B.C. or Quebec - by a lawyer or notary public authorized to practice in that province. If it’s not possible to meet with a lawyer (or a notary in B.C. or Que.) the District Registrar may allow a person entitled to administer oaths (see s. 62 & 63 of The Manitoba Evidence Act) to be the witness. Example - if the party is at an extremely remote location.	RULE 2 - Transfers Signed Outside Canada Outside Canada: Transfers must be witnessed by: A lawyer who practices in the jurisdiction where the transfer is signed; or A notary public for the jurisdiction where the transfer is signed; or A person entitled to administer oaths outside of Manitoba (see s. 63 of The Manitoba Evidence Act).
Below their signature the witness must state: their name, position, and address. No affidavit of execution is required. See section 72.5, The Real Property Act (revised December 5, 2011).	Below their signature the witness must state: their name, position, and address. No affidavit of execution is required. Alternative Execution - a foreign notary public may – instead of signing as witness - execute the certificate prescribed by s. 68 of The Manitoba Evidence Act. See section 72.6, The Real Property Act (revised December 5, 2011).
Important definition Transfer includes:                               A transfer of land; or                               A transfer of encumbrance Transfer DOES NOT include:                               A transfer of mortgage. For a transfer of mortgage use the “General Witnessing Rules”.

Rules for witnessing mortgages

RULE 3 - Mortgages Signed in Canada In Canada: Mortgages must be witnessed by: A lawyer who practices in the province/territory where they’re signed; or If signed in B.C. or Quebec - by a lawyer or notary public authorized to practice in that province; or If the mortgagee is a financial institution, by: an officer or employee of that financial institution or a person designated to act on behalf of that financial institution. If it’s not possible to meet with one of the above witnesses, the District Registrar may allow a person entitled to administer oaths (see sections 62 & 63, The Manitoba Evidence Act) to be the witness. Example - if the party is at an extremely remote location

RULE 4 - Mortgages Signed Outside Canada Outside Canada: Mortgages must be witnessed by: A lawyer who practices in the jurisdiction where the mortgage is signed; or A notary public for the jurisdiction where the mortgage is signed; or If the mortgagee is a financial institution, by: an officer or employee of that financial institution or a person designated to act on behalf of that financial institution; or A person entitled to administer oaths outside of Manitoba (see section 63, The Manitoba Evidence Act).

Below their signature the witness must state: their name, position, and address, and (if applicable) that they are an officer or employee of that financial institution, or a person designated to act on behalf of that financial institution. No affidavit of execution is required. See section 72.7, The Real Property Act (revised December 5, 2011).

Below their signature the witness must state: their name, position, and address, and (if applicable) that they are an officer or employee of that financial institution, or a person designated to act on behalf of that financial institution. No affidavit of execution is required. Alternative Execution - a foreign notary public may – instead of signing as witness - execute the certificate prescribed by s. 68 of The Manitoba Evidence Act. See section 72.8, The Real Property Act (revised effective December 5, 2011).

General witnessing rules

(For LTO documents other than Transfers & Mortgages.)

(Note - Caveats, Requests and Transmissions do not require a witness.)

RULE 5 - Documents Signed in Canada In Canada: All LTO documents (other than transfers, mortgages, caveats, requests and transmissions) may be witnessed by: A lawyer who practices in the province/territory where they’re signed; or If signed in B.C. or Quebec - by a lawyer or notary public authorized to practice in that province Below their signature the witness must state: their name, position, and address. No affidavit of execution is required.

RULE 6 - Documents Signed Outside Canada Outside Canada: All LTO documents (other than transfers, mortgages, caveats, requests and transmissions) may be witnessed by: A lawyer who practices in the jurisdiction where the document is signed; or A notary public for the jurisdiction where the document is signed; or A person entitled to administer oaths outside of Manitoba (see s. 63 of The Manitoba Evidence Act). Below their signature the witness must state: their name, position, and address. No affidavit of execution is required.

Alternative Execution Any competent adult can be the witness, provided: they are not a party to the instrument; they are not signing on behalf of a party to the instrument (e.g. signing as power of attorney for a party);      and, they swear an “Affidavit of Subscribing Witness” where they attest to the identity and age of the party whose signature they witnessed. If the document was signed in Manitoba this affidavit must be sworn or affirmed before a person authorized by section 62 of The Manitoba Evidence Act . If the document was signed in Canada, but outside Manitoba, this affidavit must be sworn or affirmed before a person authorized by section 63 of The Manitoba Evidence Act.

Alternative Execution - One Any competent adult can be the witness, provided: they are not a party to the instrument; they are not signing on behalf of a party to the instrument (e.g. signing as power of attorney for a party); and, they swear an “Affidavit of Subscribing Witness” where they attest to the identity and age of the party whose signature they witnessed. The affidavit must be sworn or affirmed before a person authorized by section 63 of The Manitoba Evidence Act. Alternative Execution – Two A foreign notary public may – instead of signing as witness - execute the certificate prescribed by section 68 of The Manitoba Evidence Act. See section 72.9, The Real Property Act (revised effective December 5, 2011).

Index of LTO witnessing rules

Document Type	Executed inside Canada (See Rule)	Executed outside Canada (See Rule)
Amending agreements	5	6
Assignments of caveats	5	6
Builders’ liens	No witness required
Caveats	No witness required
Condominium declarations	5	6
Condominium liens, bylaws, amending declarations, amending by-laws.	No witness required
Conforming Construction Agreements	5 (for registered owner) (For authority) Executed by authority with a seal, or Witnessed by: A lawyer - stating their name, position, and address; or A competent adult, with an Affidavit of Witness.
Consents (to easements, condominium declarations, amending agreements)	Executed by a corporation with a seal, or Witnessed by: A lawyer - stating their name, position, and address; or A competent adult, with an Affidavit of Witness.
Debentures	Executed by a corporation with a seal, or Witnessed by: A lawyer - stating their name, position, and address; or A competent adult, with an Affidavit of Witness.
Discharges	5	6
Homesteads Act notices, releases, consents, etc.	Governed by The Homesteads Act. Witness requirements are usually found on the LTO form.
Instruments attached to caveats	LAND TITLES DOES NOT EXAMINE EXECUTION
Instruments granting statutory easements	5	6
Judgments (Form 21.1)	No witness required
Legal aid statements	No witness required
Mortgages	3	4
Mortgages of encumbrances other than mortgages	3	4
Mortgages of mortgages	3	4
Notice exercising powers of sale	No witness required
Old System (Registry Act) documents	Executed by a corporation with a seal, or Witnessed by a competent adult, with an Affidavit of Witness. (including lawyers & notary publics)
Personal property Security Act notices	No witness required
Postponements	5	6
Powers of attorney - enduring powers of attorney	Enduring powers of attorney executed in Manitoba must be witnessed by a person specified in s. 11 of The Powers of Attorney Act. If the witness is a lawyer they must state their name, position and address. No Affidavit of Witness is required. If the witness is not a lawyer, an Affidavit of Witness is required. If executed outside of Manitoba, the laws of that jurisdiction apply.
Powers of attorney - lacking enduring clause	5	6
Real property applications without direction	Executed by a corporation with a seal, or Witnessed by a competent adult, with an Affidavit of Witness. (including lawyers & notary publics)
Real property applications with direction	Executed by a corporation with a seal, or Witnessed by a competent adult, with an Affidavit of Witness. (including lawyers & notary publics)
Requests	No witness required
Section 76 registrations (easements, etc.) and Section 111 statutory easements	5	6
Transfers	1	2
Transfers of encumbrances other than mortgages	1	2
Transfers of mortgages	5	6
Transmissions	No witness required