Bill 2 (Legislature 29, Session 3)

L29 S3 11678

Alberta — Bills

2017 Bill 2 Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 2

AN ACT TO REMOVE BARRIERS FOR SURVIVORS OF SEXUAL AND DOMESTIC VIOLENCE THE MINISTER OF JUSTICE AND SOLICITOR GENERAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 2 BILL 2 2017

AN ACT TO REMOVE BARRIERS FOR SURVIVORS OF SEXUAL AND DOMESTIC VIOLENCE ( A s s e n t e d t o , 2 0 1 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cL-12 1 The Limitations Act is amended by this Act. 2

Section 3(1) is amended by striking out “section 11” and substituting “sections 3.1 and 11”.

1 Explanatory Notes Explanatory Notes 1 Amends

chapter L-12 of the Revised Statutes of Alberta 2000. 2

Section 3(1) presently reads: 3(1) Subject to subsections (1.1) and (1.2) and

section 11, if a claimant does not seek a remedial order within (a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known, (

i) that the injury for which the claimant seeks a remedial order had occurred, (ii) that the injury was attributable to conduct of the defendant, and (iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding, or

2 3 The following is added after

section 3: No limitation period 3.1(1) There is no limitation period in respect of (

a) a claim that relates to a sexual assault or battery, (

b) a claim that relates to any misconduct of a sexual nature, other than a sexual assault or battery, if, at the time of the misconduct, (

i) the person with the claim was a minor, (ii) the person with the claim was in an intimate relationship with the person who committed the misconduct, or (iii) the person with the claim was dependent, whether financially, emotionally, physically or otherwise, on the person who committed the misconduct, or (

c) a claim that relates to an assault or battery, other than a sexual assault or battery, if, at the time of the assault or battery, (

i) the person with the claim was a minor, (ii) the person with the claim was in an intimate relationship with the person who committed the assault or battery, or (iii) the person with the claim was dependent, whether financially, emotionally, physically or otherwise, on the person who committed the assault or battery.

2 Explanatory Notes (b) 10 years after the claim arose, whichever p eriod expires first, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim. 3 No lim itation period.

3 (2) Subsection (1) applies to a claim in respect of

an act that occurred before or after the coming into force of this section, regardless of the expiry of any previously applicable limitation period set out in

section 3 or a predecessor of this Act.

3 Explanatory Notes

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2017 (29th, 3rd) Bill 2,

An Act to Remove Barriers for Survivors of Sexual and Domestic Violence

Document details

Collection	Alberta — Bills
Citation	L29 S3 11678
Type	bill
Volume / chapter	L29 S3 11678
Language	en
Format	json
Source	PROVINCIAL
Identifier	d75cb43abce78ffb4b47231548ad2e9b1833dd12

Source file is stored in the law ingest library (json).