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Bill 118, Occupiers' Liability Amendment Act, 2020

Miller, Norman

Royal Assent received. Statutes of Ontario 2020,

chapter 33

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Status

Debates

Acts affected

Royal Assent

As Amended by Standing Committee

Original

Bill 118 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 118 and does not form part of the law.

Bill 118 has been enacted as

Chapter 33 of the Statutes of Ontario, 2020.

The

Bill amends the Occupiers’ Liability Act to provide

that no action shall be brought for the recovery of damages for personal injury

caused by snow or ice against an occupier or an independent contractor employed

by the occupier to remove snow or ice, unless, within 60 days after the

occurrence of the injury, written notice of the claim is served. The Bill also sets

out exceptions to this rule.

Bill 118 2020

Act to amend the Occupiers’ Liability Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Occupiers’ Liability Act is amended by adding

the following section:

Notice

period — injury from snow, ice

6.1

(1) No

action shall be brought for the recovery of damages for personal injury caused

by snow or ice against a person or persons listed in subsection (2) unless,

within 60 days after the occurrence of the injury, written notice of the claim,

including the date, time and location of the occurrence, has been personally

served on or sent by registered mail to at least one person listed in

subsection (2).

Same

(2) The

persons referred to in subsection (1) are the following:

1. An

occupier.

2. An

independent contractor employed by the occupier to remove snow or ice on the

premises during the relevant period in which the injury occurred.

Copy

of notice

(3) An

occupier that receives notice under subsection (1) shall personally serve a

copy of the notice on, or send the notice by registered mail to,

(

a) any

occupiers of the premises during the relevant period in which the injury

occurred; and

(

b) any

independent contractor employed by the occupier to remove snow or ice on the

premises during the relevant period in which the injury occurred.

Same

(4) An

independent contractor employed by an occupier to remove snow or ice on the

premises that receives a notice under subsection (1) shall personally serve a

copy of the notice on, or send the notice by registered mail to, the occupier

that employed the independent contractor.

Exception

(5) Failure

to give notice in accordance with subsection (1) is not a bar to the action in

the case of the death of the injured person as a result of the injury.

Same

(6) Failure

to give notice in accordance with subsection (1) or insufficiency of the notice

is not a bar to the action if a judge finds that there is reasonable excuse for

the want or the insufficiency of the notice and that the defendant is not

prejudiced in its defence.

Notice

effective against all persons

(7) For

greater certainty, the limitation on bringing actions after the 60-day period

set out in subsection (1) no longer applies if notice is provided in accordance

with that subsection to any person listed in subsection (2), even if the action

is to be brought against a person that did not originally receive the notice.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Occupiers’ Liability

Amendment Act, 2020 .

Bill 118 As Amended by Standing Committee (PDF)

This reprint of the Bill is marked to indicate the changes that were made

in Committee.

The changes are indicated by underlines

for new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Bill amends the Occupiers’ Liability Act to provide

that no action shall be brought for the recovery of damages for personal injury

caused by snow or ice against an occupier , or an independent contractor employed

by the occupier to remove snow or ice or, in the case of a tenancy described in

subsection 8 (1) of the Act, a landlord , unless, within 10 60

days after the occurrence of the injury, written notice of the claim and of the injury are is served. The Bill also sets out

exceptions to this rule.

Bill 118 2020

Act to amend the Occupiers’ Liability Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1 The Occupiers’ Liability Act

is amended by adding the following section:

Limitation period - injury from snow, ice

6.1

(1) No

action shall be brought for the recovery of damages for personal injury caused

by snow or ice against a person or persons listed in subsection (2) unless,

within 10 days after the occurrence of the injury, written notice of the claim,

including the date, time and location of the occurrence, has been served on one

or more of the persons listed in subsection (2).

Same

(2) The persons referred to in

subsection (1) are the following:

1. An occupier.

2. An independent contractor employed by the

occupier.

3. In the case of a tenancy described in

subsection 8 (1), a landlord.

Exception

(3) Failure to give notice is not a bar

to the action in the case of the death of the injured person as a result of the

injury.

Same

(4) Failure to give notice or insufficiency

of the notice is not a bar to the action if a judge finds that there is

reasonable excuse for the want or the insufficiency of the notice and that the defendant

is not prejudiced in its defence.

1 The Occupiers’ Liability Act is amended by

adding the following section:

Notice period

— injury from snow, ice

6.1

(1) No

action shall be brought for the recovery of damages for personal injury caused

by snow or ice against a person or persons listed in subsection (2) unless,

within 60 days after the occurrence of the injury, written notice of the claim,

including the date, time and location of the occurrence, has been personally

served on or sent by registered mail to at least one person listed in

subsection (2).

Same

(2) The persons referred to in

subsection (1) are the following:

1. An occupier.

2. An independent contractor employed by the

occupier to remove snow or ice on the premises during the relevant period in

which the injury occurred.

Copy of notice

(3) An occupier that receives notice

under subsection (1) shall personally serve a copy of the notice on, or send

the notice by registered mail to,

(

a) any occupiers of the premises during the

relevant period in which the injury occurred; and

(

b) any independent contractor employed by the

occupier to remove snow or ice on the premises during the relevant period in

which the injury occurred.

Same

(4) An independent contractor employed

by an occupier to remove snow or ice on the premises that receives a notice

under subsection (1) shall personally serve a copy of the notice on, or send

the notice by registered mail to, the occupier that employed the independent

contractor.

Exception

(5) Failure to give notice in accordance

with subsection (1) is not a bar to the action in the case of the death of the

injured person as a result of the injury.

Same

(6) Failure to give notice in accordance

with subsection (1) or insufficiency of the notice is not a bar to the action

if a judge finds that there is reasonable excuse for the want or the

insufficiency of the notice and that the defendant is not prejudiced in its

defence.

Notice

effective against all persons

(7) For greater certainty, the

limitation on bringing actions after the 60-day period set out in subsection

(1) no longer applies if notice is provided in accordance with that subsection

to any person listed in subsection (2), even if the action is to be brought

against a person that did not originally receive the notice.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Occupiers’ Liability

Amendment Act, 2020 .

Bill 118 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Occupiers’ Liability Act to provide

that no action shall be brought for the recovery of damages for personal injury

caused by snow or ice against an occupier, an independent contractor employed

by the occupier or, in the case of a tenancy described in subsection 8 (1) of

the Act, a landlord, unless, within 10 days after the occurrence of the injury,

written notice of the claim and of the injury are served. The Bill also sets

out exceptions to this rule.

Bill 118 2019

Act to amend the Occupiers’ Liability Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Occupiers’ Liability Act is amended by adding

the following section:

Limitation

period - injury from snow, ice

6.1

(1) No

action shall be brought for the recovery of damages for personal injury caused

by snow or ice against a person or persons listed in subsection (2) unless,

within 10 days after the occurrence of the injury, written notice of the claim,

including the date, time and location of the occurrence, has been served on one

or more of the persons listed in subsection (2).

Same

(2) The

persons referred to in subsection (1) are the following:

1. An

occupier.

2. An

independent contractor employed by the occupier.

3. In

the case of a tenancy described in subsection 8 (1), a landlord.

Exception

(3) Failure

to give notice is not a bar to the action in the case of the death of the

injured person as a result of the injury.

Same

(4) Failure

to give notice or insufficiency of the notice is not a bar to the action if a

judge finds that there is reasonable excuse for the want or the insufficiency

of the notice and that the defendant is not prejudiced in its defence.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Occupiers’ Liability

Amendment Act, 2019 .

Date Bill stage Event Outcome Committee

December 8, 2020

Royal Assent

Royal Assent received

December 3, 2020

Third Reading

Vote

Carried on division

December 3, 2020

Third Reading

Deferred vote

December 3, 2020

Third Reading

Question put

December 2, 2020

Third Reading

Debated

November 16, 2020

Second Reading

Ordered for Third Reading

November 16, 2020

Second Reading

Reported as amended

November 12, 2020

Second Reading

Consideration of a Bill

Standing Committee on Regulations and Private Bills

November 9, 2020

Second Reading

Consideration of a Bill

Standing Committee on Regulations and Private Bills

June 6, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

June 6, 2019

Second Reading

Vote

Carried on division

June 6, 2019

Second Reading

Debated

May 27, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

May 27, 2019

Committee

Second Reading

June 6, 2019

Mr. Norman Miller, Mr. Tom Rakocevic, Mrs. Belinda C. Karahalios, Ms. Sara Singh, Mrs. Gila Martow, Mr. Doug Downey

June 6, 2019

Carried on division. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

November 9, 2020

November 12, 2020

November 16, 2020

Reported to the House as amended. Ordered for third reading.

Third Reading

December 2, 2020

Mr. Norman Miller, Mr. Jamie West, Mr. John Fraser, Mr. Stephen Crawford, Mr. Jeff Burch, Mrs. Gila Martow

December 3, 2020

Vote deferred.

December 3, 2020

Carried on recorded division.

Royal Assent

Tuesday, December 8, 2020

Acts affected - Bill 118

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Occupiers' Liability Act

Legislative Assembly of Ontario

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