At this time, the client identification and verification requirements of By-Law 7.1 continue to apply. However:
- Lawyers and paralegals should review the information below as they do not need to verify the identity of their clients for all matters.
- If only client identification is required, lawyers and paralegals can comply with their professional obligations without meeting face-to-face or via video conference.
- As a result of COVID-19, until further notice, the Law Society will interpret the requirement that lawyers and paralegals verify the identity of their client face-to-face as not requiring the lawyer or paralegal to be in the physical presence of the client. Rather, alternative means of verification such as face-to-face verification via video conference will be permitted. Nonetheless, lawyers and paralegals should conduct a risk assessment to ensure that it is appropriate in their circumstances to verify identity via video conference. If a lawyer or paralegal chooses to verify identity via video conference, they should also attempt to manage some of the risks associated with this practice as outlined below.
Because there is no obligation to meet with a client face-to-face to identify the client, lawyers and paralegals should keep in mind the distinction between identifying and verifying the identity of a client:
Identifying the client means obtaining certain basic information about your client and any third party directing, instructing or who has the authority to direct or instruct your client, such as a name and address. You must obtain this information whenever you are retained to provide legal services to a client unless an exemption applies. This step can be done by email, phone, video conference, or other forms of communication. There is no requirement that it be completed face-to-face.
Verifying the identity of a client means looking at an original identifying document from an independent source to ensure that your clients and any third parties are who they say they are. You are only required to verify the identity of your client and such third parties if you are involved in a funds transfer activity, that is, you engage in or instruct with respect to the payment, receipt or transfer of funds, and an exception does not apply.
Verification of client identity must occur face-to-face unless
- The individual whose identity is being verified is present in Canada and an attestation from a commissioner of oaths or other guarantor is provided; or
- The individual whose identity is being verified is not present in Canada and verification is provided by an agent.
For more information, please review the Law Society’s
Client Identification and Verification Requirements resources. For specific information about attestations or retaining an agent, please see Appendices 4, 5, 7, and 8.
Last updated: April 1, 2021