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Second Session, 46th General Assembly 58 Elizabeth II, 2009
BILL 1
AN ACT RESPECTING APOLOGIES
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE THOMAS W. MARSHALL, Q.C. Minister of Justice and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill provides that an apology made by or on behalf of a person in relation to a civil matter does not constitute an admission of fault or liability by the person or a confirmation of a cause of action in relation to the matter, does not affect the insurance coverage available to the person, may not be taken into account in a determination of fault or liability, and is not admissible in a judicial or quasi-judicial proceeding as evidence of the fault or liability of the person in connection with the matter.

A BILL

AN ACT RESPECTING APOLOGIES

Analysis

1. Short title

2. Definitions

3. Effect of apology on liability

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Apology Act.

Definitions

2. In this Act

(a) "apology" means an expression of sympathy or regret, a statement that one is sorry, or other words or actions indicating contrition or commiseration, whether or not the words or actions admit, or imply an admission of, fault in connection with the matter to which the words or actions relate; and

(b) "court" includes a tribunal, an arbitrator and another person who is acting in a judicial or quasi-judicial capacity.

Effect of apology on liability

3. (1) An apology made by or on behalf of a person in connection with a matter

(a) does not constitute an express or implied admission of fault or liability by the person in connection with the matter;

(b) does not constitute a confirmation of a cause of action in relation to that matter for the purposes of the Limitations Act;

(c) does not, notwithstanding wording to the contrary in a contract of insurance and notwithstanding another enactment or law, void, impair or otherwise affect insurance coverage that is available, or that would, but for the apology, be available, to the person in connection with that matter; and

(d) may not be taken into account in a determination of fault or liability in connection with that matter.

(2) Notwithstanding another enactment or law, evidence of an apology made by or on behalf of a person in connection with a matter is not admissible in a court as evidence of the fault or liability of the person in connection with that matter.