Second

Session, 50th General Assembly

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

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;

expand the circumstances under

which the limitation period is removed for actions relating to misconduct o f 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

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE LIMITATIONS ACT

Analysis

S.6 Amdt .

Limitation period 6 years

S.8 Amdt .

No limitation period

S.10 Amdt .

No greater benefit

S.12 Amdt .

Trusts

S.14 Amdt .

Postponement of running of time

6. S.15 Amdt .

Person under disability

S.16 Amdt .

Confirmation

S.18 Amdt .

Enforcement process

S.19 Amdt .

Computation of time re recovery of land

S.20 Amdt .

Possession by one of several tenants

S.21 Amdt .

Tenancy

S.25 Amdt .

Confirmation of promises made by minors

S.26 Amdt .

Consideration of guarantee

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 o f 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.

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".

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.

Section 25 of the Act is amended by deleting

the words "he or she" and substituting the words "the

person".

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".

King's Printer