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2006 Legislative Session: 2nd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE WALLY OPPAL

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM

BILL 16 – 2006

APOLOGY ACT

Contents

Section

Definitions

Effect of apology on liability

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"apology" means an expression of sympathy or regret, a statement that one is sorry or any 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;

"court" includes a tribunal, an arbitrator and any other 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 any matter

(

a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter,

(

b) does not constitute a confirmation of a cause of action in relation to that matter for the purposes of

section 5 of the Limitation Act ,

(

c) does not, despite any wording to the contrary in any contract of insurance and despite any other enactment, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available, to the person in connection with that matter, and

(

d) must not be taken into account in any determination of fault or liability in connection with that matter.

(2) Despite any other enactment, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any proceeding and must not be referred to or disclosed to a court in any proceeding as evidence of the fault or liability of the person in connection with that matter.

Commencement

3 This Act comes into force on the date of Royal Assent.

Explanatory Note

This Bill provides that an apology made by or on behalf of a person in relation to any 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 making the apology, is not admissible in any judicial or quasi-judicial civil proceeding and must not be considered or referred to in relation to fault or liability in any such proceeding.

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