While more transactions are happening in a digital realm, there are government offices that will not accept electronic files.

The Registrar of Titles, an employee of the Saskatchewan Government’s Ministry of Justice, does not accept electronic signatures for the transfer of land and house citing; a local lawyer, Talon Regent, wants this to change.

It all started when Regent needed to get some documents signed for one of his clients (who is a quadriplegic) during the height of the pandemic. The client could not sign the papers himself and needed a third party to come into his house and sign on his behalf.

When he reached out to the Registrar, they explained people can apply for the ability to submit documents electronically, and the application would be reviewed on a case-by-case basis. Regent feels this requirement to use electronic signatures is discriminatory.

"By requiring someone to make an application for an exception, that [requirement] is creating a barrier to justice and a barrier for our disabled members of our community to interact with our government," says Regent.

To most people, going against the government in a lawsuit would seem like a daunting task. Regent explains he is not forwarding the issue for himself. "At the end of the day, I can continue to conduct business with physically signed documents. This is for members of our community that don't have the same voice that I do," he says, adding, “This is essential for a good and proper society”.

When reaching out to the Registrar of Titles about the legal dispute, the following statements were provided.

The Land Titles Act (2000) requires all land transfers, as well as discharges, amendments, and assignment of interests, to be authorized by a wet signature of the owner or interest holder and in front of a Saskatchewan lawyer or other witness.

· If a request is made on a particular transaction, the Registrar of Titles does have authority to allow exceptions to the requirement for a wet signature; for example, when the requirement for wet signatures created a significant barrier to justice for a particular owner due to disability.

· The requirement for wet signature authorizations is one of the primary security mechanisms to protect Saskatchewan landowners from fraudulent transfers of their land.

· The Registrar of Titles does not have authority to provide blanket exemptions to a lawyer to use electronic signatures for all transactions in contravention of the law.

· If an applicant under section 101 is dissatisfied with the decision of the Registrar, the applicant may appeal the Registrar’s decision to the Court of Queen’s Bench.

· The Minister of Justice does not have authority to direct the Registrar of Titles in the exercise of her decisions made under the Land Titles Act.

Regent argues that there are fewer risks in using an electronic signature when compared to hand-signed documents and adds that electronic fund transfers are commonplace, and people are comfortable with electronic banking and payment. "When we have electronic signatures, we have better metadata to be able to trace where they came from, with a wet in signature all we have is ink on a page."

The Registrar has been served with Regent's court application, and it is set to be heard on Jan. 20 in Regina Queen’s Bench.