If you live in Canada, creating a power of attorney is just as important as it is anywhere else, but the process looks different depending on which province or territory you call home. Canadian POA law is governed at the provincial and territorial level, meaning the terminology, requirements, and available document types vary significantly from one jurisdiction to another. This guide provides an overview of how powers of attorney work across Canada's provinces and territories.
Understanding Canadian POA Terminology
One of the first challenges for Canadians researching powers of attorney is the inconsistent terminology used across the country. What one province calls a "power of attorney" might be called something entirely different in another.
For financial matters, most provinces use the term "power of attorney" or "enduring power of attorney." In British Columbia, the equivalent document is called an "enduring power of attorney." Alberta uses "enduring power of attorney" as well. In Quebec, the concept is covered by a "mandate" (formerly called a "mandate in case of incapacity" or "protection mandate").
For healthcare decisions, the terminology varies even more. Ontario uses "power of attorney for personal care." British Columbia calls it a "representation agreement." Alberta and some other provinces use "personal directive." Saskatchewan uses "health care directive." In Quebec, healthcare authority is included within the broader "protection mandate."
Despite the different names, these documents serve similar purposes: they allow you to designate someone to make financial or healthcare decisions on your behalf.
Province-by-Province Overview
Ontario
Ontario has two main POA documents. A power of attorney for property covers financial and legal matters. It can be general (covering all financial affairs) or limited (covering specific transactions). A continuing power of attorney for property survives the principal's incapacity. A power of attorney for personal care covers healthcare and personal decisions, including medical treatment, nutrition, housing, and personal safety.
Ontario requires POAs to be signed by the principal and witnessed by two witnesses. The witnesses cannot be the attorney (agent), the attorney's spouse, the principal's spouse (in some circumstances), or a minor. Notarization is recommended but not strictly required for most POAs.
British Columbia
British Columbia uses an enduring power of attorney for financial matters. The word "enduring" means it continues to be effective even if the principal becomes incapable. For healthcare decisions, BC uses a representation agreement, which comes in two forms. A Section 7 representation agreement covers routine healthcare and personal care decisions. A Section 9 representation agreement covers more significant decisions, including end-of-life care.
BC POAs must be signed and witnessed. An enduring power of attorney requires one witness, who must be at least 19 years old and cannot be the attorney named in the document. Representation agreements have their own witness requirements.
Alberta
Alberta uses an enduring power of attorney for financial matters and a personal directive for healthcare and personal decisions. The personal directive allows you to name an agent (called a decision-maker) and can include specific instructions about your healthcare preferences.
Alberta POAs must be signed by the principal and witnessed by one witness who is at least 18 years old, is not the attorney named in the document, and is not the principal's spouse (if the spouse is named as attorney). Notarization is optional but recommended.
Saskatchewan
Saskatchewan uses a power of attorney for financial matters, which can be made "enduring" to survive incapacity. For healthcare, Saskatchewan uses a health care directive, which allows you to name a proxy decision-maker and provide instructions about your healthcare preferences.
Manitoba
Manitoba uses a power of attorney for financial matters, which can be "enduring." For healthcare decisions, Manitoba uses a health care directive under The Health Care Directives Act, allowing you to name a proxy and provide treatment instructions.
Atlantic Provinces
New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador each have their own POA legislation. Generally, these provinces use the terms "power of attorney" for financial matters (with "enduring" versions available) and various terms for healthcare directives. Requirements for witnesses and execution vary by province.
The Territories
The Northwest Territories, Yukon, and Nunavut each have their own legislation governing powers of attorney and healthcare directives. The rules are generally similar to those in the provinces but with territory-specific requirements.
Quebec
Quebec is unique in Canada because it operates under a civil law system rather than the common law system used by the other provinces. Instead of a traditional power of attorney, Quebec uses a protection mandate (formerly called a "mandate in case of incapacity").
A protection mandate covers both financial and personal care decisions. It can be made before a notary (notarial mandate) or before two witnesses (mandate made in the presence of witnesses). An important distinction in Quebec is that a protection mandate must be homologated (validated) by the court before the mandatary (agent) can act. This involves filing a request with the court, providing medical evidence of the principal's incapacity, and obtaining a court order confirming the mandate.
The homologation requirement adds a step that does not exist in other provinces, where an enduring POA typically takes effect immediately or upon the principal's incapacity without court involvement.
Key Differences to Be Aware Of
Several important differences across provinces deserve special attention.
Age of majority. The age at which you can create a POA varies. In most provinces, you must be at least 18. In British Columbia, Alberta, and Saskatchewan, you must be 19.
Number of witnesses. Witness requirements range from one to two depending on the province and the type of document.
Who can witness. Every province has restrictions on who can serve as a witness. Common restrictions include the named attorney, the principal's spouse (in some cases), and minors.
Court involvement. Quebec requires court homologation of protection mandates before they can be used. Other provinces generally do not require court involvement.
Statutory forms. Some provinces provide standard forms, while others allow more flexibility in drafting. Using the standard form, where available, generally simplifies the acceptance process.
Scope of authority. The specific powers that can be granted and any limitations on the agent's authority vary by province. Some provinces impose statutory duties on agents, such as keeping records and acting in the principal's best interest.
Moving Between Provinces
If you relocate from one province to another, your existing POA may or may not be recognized in your new home province. Most provinces have provisions recognizing POAs from other Canadian jurisdictions, but the practical reality can be more complicated.
When you move, it is advisable to create new POA documents that comply with your new province's laws. This ensures that local institutions, healthcare providers, and others will accept the documents without question.
Similarly, if you own property or have financial accounts in multiple provinces, consider whether you need separate POA documents for each jurisdiction.
Creating Your Canadian POA
Regardless of which province or territory you live in, the core principles of creating a good power of attorney are the same. Choose a trustworthy agent. Be clear about the powers you are granting. Ensure the document is properly executed according to your province's requirements. Store the document safely and share copies with your agent and relevant institutions.
mypoa.ai can help you create a power of attorney that is tailored to your province's specific requirements and terminology. Your download includes province-specific execution instructions covering proper signing, witnessing, and notarization to ensure your documents are valid under your province's rules.