Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 63

AN ACT TO AMEND THE LIMITATIONS ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE KELVIN PARSONS, Q.C.

Minister of Justice

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of this Bill would amend the Limitations Act to provide that the Crown is not bound by a limitation period for commencing an action for the recovery of a fine or other penalty or for the enforcement of an obligation arising from a statute.

Clause 2 of the Bill would make a consequential amendment to the Financial Administration Act to clarify that the amendment to the Limitations Act does not affect the authority of the Lieutenant-Governor to forgive amounts owing to the Crown when it is in the public interest to do so.

The Bill would provide that the amendments came into force on March 31, 1996.

A BILL

AN ACT TO AMEND THE LIMITATIONS ACT

Analysis

1. S.8 Amdt.

No limitation period

2. RSN1990 cF-8 Amdt.

3. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SN1995 cL-16.1

as amended

Section 8 of the Limitations Act is amended by adding immediately after subsection (3) the following:

(4) Notwithstanding paragraph 5(h), paragraph 6(1)(

f) or

section 22, the Crown is not governed by a limitation period and may bring an action at any time

(

a) to recover a fine or other penalty and to recover a fine or penalty imposed by a court or law; or

(

b) to enforce an obligation arising from a statute.

RSN1990 cF-8 Amdt.

Section 19 of the Financial Administration Act is amended by adding immediately after subsection (6) the following:

(7) Nothing in subsection 8(4) of the Limitations Act affects the authority of the Lieutenant-Governor in Council to remit a duty, tax, toll or fine payable to the Crown under this section.

Commencement

3. This Act is considered to have come into force on March 31, 1996.

©Earl G. Tucker, Queen's Printer