Second

Session, 46th General Assembly

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

Short title

Definitions

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

(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.

Earl G. Tucker, Queen's Printer