2004 FATAL ACCIDENTS BILL No. 40 of

An Act to amend The Fatal Accidents Act (Assented to , 2004) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title This Act may be cited as The Fatal Accidents Amendment Act, 2004. R.S.S. 1978, c.F-11, new

section 4.1 The Fatal Accidents Act is amended by adding the following

section after

section 4: “Damages for bereavement for death on or after August 1, 2004 4.1(1) In this section: (a) ‘child’ does not include a grandchild; (b) ‘parent’ does not include a grandparent.

(2) If the court finds the defendant liable in an action pursuant to this Act with respect to a death on or after August 1, 2004, the court, without reference to any other damages that may be awarded and without evidence of damage, shall award damages for grief and loss of the guidance, care and companionship of the deceased person of: (

a) subject to subsection (3), $60,000 to the spouse of the deceased person; (b) $30,000 to each parent of the deceased person; and (c) $30,000 to each minor child of the deceased person.

(3) The court shall not award damages pursuant to clause (2)(

a) to a spouse who was living separate and apart from the deceased person at the time of the deceased’s death”. Coming into force This Act comes into force on assent. 2004FATAL ACCIDENTS REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2004