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NEWFOUNDLAND AND LABRADOR

REGULATION 33/20

Temporary Variation of Statutory Deadlines Order

under the

Temporary Variation of Statutory Deadlines Act

(O.C. 2020- 070)

Amended:

44/20

59/20

NEWFOUNDLAND AND LABRADOR

REGULATION 33/20

Temporary Variation of Statutory Deadlines Order

under the

Temporary Variation of Statutory Deadlines Act

(O.C. 2020- 070)

(Filed April 24, 2020)

Under the authority of

section 6 of the Temporary Variation of Statutory Deadlines Act,

the Lieutenant-Governor in Council makes the following Order.

Dated at St. John's, April 24, 2020.

Elizabeth Day

Clerk of the Executive Council

ORDER

Analysis

Short title

Limitations Act

Human Rights Act, 2010

Family Law Act

4.1

Labour Standards Act

4.2

Royal Newfoundland Constabulary Act, 1992

4.3

Royal Newfoundland Constabulary Regulations

Commencement

Short title

This Order may be cited as the Temporary Variation of Statutory Deadlines Order

33/20 s1

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Limitations Act

(1)Where the 2 year period referred to in

section 5 of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding

section 5 of that Act, bring an action on or before September 14, 2020.

(2) Where the 6 year period referred to in

section 6 of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding

section 6 of that Act, bring an action on or before September 14, 2020.

(3) Where the 10 year period referred to in

section 7 of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding

section 7 of that Act, bring an action on or before September 14, 2020.

(4) Where the 6 year period referred to in

section 9 of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding

section 9 of that Act, bring an action on or before September 14, 2020.

(5) Where the 10 year period referred to in subsection 14(3) of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding subsection 14(3) of that Act, bring an action on or before September 14, 2020.

(6) Where the 30 year period referred to in

section 22 of the Limitations Act

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding

section 22 of that Act, bring an action on or before September 14, 2020.

33/20 s2

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Human Rights Act, 2010

(1)Where the 12 month period referred to in subsection 25(2) of the Human Rights Act, 2010

expires on or after March 14, 2020 and before September 14, 2020, a person may, notwithstanding subsection 25(2) of that Act, file a complaint on or before September 14, 2020.

(2) Where the 30 day period referred to in

section 33 of the Human Rights Act, 2010

falls on or after March 14, 2020 and before September 14, 2020, a party to the complaint may, notwithstanding

section 33, file an application within 120 days after service of the written notice of dismissal.

(3) Where the 30 day period referred to in subsection 42(3) of the Human Rights Act, 2010

falls on or after March 14, 2020 and before September 14, 2020, an application for leave to appeal may, notwithstanding subsection 42(3), be made within 120 days of the receipt by the appellant of the order of the board of inquiry.

(4) Where the 30 day period referred to in paragraph 42(5)(

a) or (

b) of the Human Rights Act, 2010

falls on or after March 14, 2020 and before September 14, 2020, the application made under subsection 42(1) may, notwithstanding paragraphs 42(5)(

a) and (b), be filed with the court within

(a)

120 days of the date leave to appeal is granted, where the appeal is one to which subsection 42(2) applies; or

(b)

120 days of the date the appellant receives a copy of the order of the board of inquiry, where the appeal is not one to which subsection 42(2) applies.

33/20 s3

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Family Law Act

(1)Where the applicable time period referred to in paragraph 21(3)(a), (

b) or (

c) of the Family Law Act

expires on or after March 14, 2020 and before September 14, 2020, an application may, notwithstanding subsection 21(3), of that Act, be brought on or before September 14, 2020.

(2) Where the 2 year period referred to in subsection 60(1) of the Family Law Act

expires on or after March 14, 2020 and before September 14, 2020, an action or application may, notwithstanding subsection 60(1) of that Act, be brought on or before September 14, 2020.

(3) Where the 2 year period referred to in subsection 60(2) of the Family Law Act

expires on or after March 14, 2020 and before September 14, 2020, an action or application may, notwithstanding subsection 60(2) of that Act, be brought on or before September 14, 2020.

33/20 s4

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Labour Standards Act

4.1

(1) Notwithstanding

section 50 of the Labour Standards Act

, where an employer temporarily lays off an employee on or after March 18, 2020 and before September 18, 2020 and the lay-off exceeds 26 weeks in a period of 33 consecutive weeks, the employee shall, for the purposes of

Part X of that Act be considered to have been terminated at the beginning of the 26 week period.

(2) For the purposes of subsection (1), a day during the period of 33 consecutive weeks for which an employee receives pay, including pay the employee receives for a public holiday occurring during that period, shall not be counted in the calculation of the 26 week lay-off period set out in subsection (1).

(3) Where the 6 month period referred to in subsection 62(3) of the Labour Standards Act

falls on or after March 18, 2020 and before September 18, 2020, a person may, notwithstanding subsection 62(3) of that Act, file a complaint within 12 months of the date the employee's contract is terminated.

44/20 s1

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Royal Newfoundland Constabulary Act, 1992

4.2

(1) Notwithstanding subsection 24(3) of the Royal Newfoundland Constabulary Act, 1992

, where a complaint referred to in subsection 24(1) of that Act is received on or after March 14, 2020 and before September 14, 2020, the investigation shall be completed as soon as is practicable but no later than 6 months from the date the complaint is filed or received.

(2) Notwithstanding subsection 24(3) of the Royal Newfoundland Constabulary Act, 1992,

where an investigation under that subsection has commenced but has not concluded on the date this amendment is published in the Gazette

, that investigation shall be completed as soon as practicable but no later than 6 months from the date the complaint is filed or received.

59/20 s1

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Royal Newfoundland Constabulary Regulations

4.3

(1) Notwithstanding subsection 10(1) of the Royal Newfoundland Constabulary Regulations

, where an alleged offence comes to the attention of the Chief of Police on or after March 14, 2020 and before September 14, 2020, the charge shall be laid within 9 months of the alleged offence coming to the attention of the Chief of Police.

(2) Notwithstanding subsection 10(1) of the Royal Newfoundland Constabulary Regulations,

where an alleged offence had come to the attention of the Chief of Police before March 14, 2020 but at the time this amendment is published in the Gazette

the 6 month time period referred to in subsection 10(1) of those regulations had not expired and a charge had not been laid in relation to the alleged offence, the charge shall be laid within 9 months of the alleged offence coming to the attention of the Chief of Police.

59/20 s1

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Commencement

This Order is considered to have come into force on March 14, 2020.

33/20 s5

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