The Law Society of British Columbia and virtually all financial institutions in Canada require proper identification verification for every client when a lawyer is retained to provide legal services with respect to a real estate matter. Though identification verification is required for several different types of files, where a lender is involved in real estate or other financial transactions there is an additional level of identification verification required on behalf of the lender.

Our office will complete this verification process during your in-person appointment. A copy of your identification will be made and will remain on file. If you are signing out of our office, we will coordinate with you to complete the necessary identification verification process which may require us to select an agent to do so.

Where the file involves a financial loan, identification requirements differ from lender to lender.  We will advise you of the specifications your lender requests, so we can ensure we meet both our Law Society obligations and the lender’s requirements.

Below, you will find the identification requirements that we generally are required to work within:

1. Documents and information must be valid, original and current;
2. Identification document issued by the Government of Canada, a province or territory or a foreign government, other than a municipal government that:

1. contains the individual’s name and photograph, and
2. is used in the physical presence of the client to verify that the name and photograph are those of the client.

This is the most common method of identification we use.  Whether one piece or two pieces are required is dependent on the nature of the file and lawyer discretion;

• Information in the individual’s credit file that is used to verify that the name, address and date of birth in the credit file are those of the individual, if that file is located in Canada and has been in existence for at least three years; or
• Any two of the following with respect to the individual:

1. information from a reliable source that contains the individual’s name and address that is used to verify that the name and address are of those of the individual;
2. information from a reliable source that contains the individual’s name and date of birth that is used to verify that the name and date of birth are those of the individual;
3. information that contains the individual’s name and confirms that the individual has a deposit account or a credit card or other loan amount with a financial institution that is used to verify that information.

Here are some examples of acceptable identification that we often see brought in:

1. A valid Canadian (or other jurisdiction) Driver’s License (photo) and Canadian Firearms License
2. Canadian Passport (photo) and Credit Card/Debit Card from a major institution with the client’s name is stated on the card
3. BC Services Card (photo) and Birth Certificate

There are also now some services that assist in identification verification that may be used by the lawyer or a lender.  These often require a facial scan, log in to an account and uploading of images of identification.  These processes also assist in mitigating risks of fraud.

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of corporate law at the following:

Una Kuzio: una@touchstone.law