74

 

 

Second Session, 50th General Assembly

2 Charles III, 2024

BILL 74

AN ACT TO AMEND THE LIMITATIONS ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.................................................................................. Amendment May 28, 2024

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE JOHN HOGAN, KC

Minister of Justice and Public Safety and Attorney General

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Limitations Act to

ˇ         remove the limitation period for actions relating to battery that has been committed against a person and has intentionally caused bodily injury to the person in the circumstances prescribed in the Act;  

ˇ         expand the circumstances under which the limitation period is removed for actions relating to misconduct of a sexual nature that has been committed against a person to include circumstances where the person was in an intimate partnership relationship with the person who committed the misconduct; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE LIMITATIONS ACT

Analysis

        1.   S.6 Amdt.
Limitation period 6 years

        2.   S.8 Amdt.
No limitation period

        3.   S.10 Amdt.
No greater benefit

        4.   S.12 Amdt.
Trusts

        5.   S.14 Amdt.
Postponement of running of time

        6.   S.15 Amdt.
Person under disability

        7.   S.16 Amdt.
Confirmation

        8.   S.18 Amdt.
Enforcement process

        9.   S.19 Amdt.
Computation of time re recovery of land

      10.   S.20 Amdt.
Possession by one of several tenants

      11.   S.21 Amdt.
Tenancy

      12.   S.25 Amdt.
Confirmation of promises made by minors

      13.   S.26 Amdt.
Consideration of guarantee

      14.   S.27 Amdt.
Rights of surety

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

SNL1995 cL-16.1
as amended

        1. Subsection 6(2) of the Limitations Act is amended by deleting the words "he or she" and substituting the words "the person".

 

        2. (1) Paragraph 8(1)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

             (2)  Paragraph 8(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

             (3)  Subsection 8(2) of the Act is repealed and the following substituted:

             (2)  Notwithstanding sections 5, 6, 7, 9 and 22, a person is not governed by a limitation period and may bring one or both of the following actions at any time:

             (a)  an action relating to misconduct of a sexual nature that has been committed against a person where, at the time of the misconduct, the person

                      (i)  was under the care or authority of another person, organization or agency,

                     (ii)  was financially, emotionally, physically or other­wise dependant upon another person, organization or agency,

                    (iii)  was a beneficiary of a fiduciary relationship with another person, organization or agency, or

                    (iv)  was in an intimate partner relationship with the person who committed the misconduct; and

             (b)  an action relating to battery that has been committed against a person and has intentionally caused bodily injury to the person where, at the time of the contact, the person

                      (i)  was under the care or authority of another person, organization or agency,

                     (ii)  was financially, emotionally, physically or other­wise dependant upon another person, organization or agency,

                    (iii)  was a beneficiary of a fiduciary relationship with another person, organization or agency, or

                    (iv)  was in an intimate partner relationship with the person who committed the battery.

 

        3. Section 10 of the Act is amended by

             (a)  deleting the words "he or she" wherever they appear and substituting the words "the person"; and

             (b)  deleting the words "himself or herself".

 

        4. (1) Subsection 12(1) of the Act is amended by deleting the words "his or her" and substituting the words "the beneficiary's".

             (2)  Subsection 12(2) of the Act is amended by

             (a)  deleting the words "his or her interest" and substituting the words "the beneficiary's interest"; and

             (b)  deleting the words "his or her own use" and substituting the words "the trustee's own use".

 

        5. Subsection 14(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

 

        6. (1) Paragraph 15(5)(b) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

             (2)  Paragraph 15(5)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

        7. (1) Paragraph 16(5)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

             (2)  Subsection 16(8) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the reference "Bankruptcy Act (Canada)" and substituting the words "Bankruptcy and Insolvency Act (Canada).

             (3)  Paragraph 16(11)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the mortgagee's".

             (4)  Subsection 16(12) of the Act is repealed and the following substituted:

          (12)  Where a secured party is in possession of collateral, the secured party's

             (a)  acceptance of a payment of principal secured by the collateral; or

             (b)  acceptance of

                      (i)  payment in respect of the secured party's right to realize on the collateral, or

                     (ii)  another performance by the other person of the obligation secured,

is a confirmation by the secured party of the payer's cause of action to redeem the collateral.

 

        8. Subsection 18(1) of the Act is amended by deleting the words "his or her" and substituting the words "the judgment creditor's".

 

        9. Paragraph 19(1)(b) of the Act is amended by deleting the words "his or her".

 

      10. Section 20 of the Act is amended by deleting the words "his or her or".

 

      11. Subsection 21(2) of the Act is repealed and the following substituted:

             (2)  A mortgagor shall not be considered to be a tenant at will of a mortgagee and a beneficiary shall not be considered to be a tenant at will of a trustee.

 

      12. Section 25 of the Act is amended by deleting the words "he or she" and substituting the words "the person".

 

      13. Section 26 of the Act is amended by deleting the words "his or her" and substituting the words "the party's".

 

      14. (1) Subsection 27(1) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the person"; and

             (b)  deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 27(3) of the Act is amended by deleting the words "him or her" and substituting the words "the surety".

ŠKing's Printer