Certificate of Extrajurisdictional Solicitor (BC)

Summary

This precedent is a certificate by a solicitor who practices outside of British Columbia indicating that a power of attorney ("POA") was made according to the laws of the jurisdiction in which it was created. It contains practical guidance and drafting notes. A POA that was made in a jurisdiction outside British Columbia and complies with prescribed requirements is deemed to be an enduring POA made under the Power of Attorney Act, R.S.B.C. 1996, c. 370 ("POAA"). Pursuant to s. 4 of the Power of Attorney Regulation, B.C. Reg. 20/2011 ("POA Regulation") an instrument will be deemed to be an enduring POA if the person was living within Canada, the United States, the United Kingdom, Australia, or New Zealand. The instrument must have been validly made and continue to be valid according to the laws of the relevant jurisdiction. In addition, the deemed enduring POA must be accompanied by a certificate from a solicitor permitted to practice in the outside jurisdiction indicating that the ...