Limitation of Actions Act (amended)

BILL NO. 71

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015

Government Bill

Limitation of Actions Act
(amended)

The Honourable Lena Metlege Diab
Minister of Justice

First Reading: March 27, 2015

(Explanatory Notes)

Second Reading: March 27, 2015

Third Reading: March 27, 2015 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 provides that the new Limitation of Actions Act does not apply to an equitable claim by aboriginal peoples against the Crown.

Clauses 2 and 3 replace references to the Provincial Crown with references to the Crown generally.

Clause 4 provides that the limitation period applicable to claims existing immediately before the new Limitation of Actions Act comes into force does not apply to claims in relation to trespass to the person, assault or battery if the claim is based on sexual misconduct or if the claimant, at the time of the injury that forms the basis for the claim, was dependent upon or living in an intimate relationship with one of the defendants, regardless of whether the limitation period applicable under the former Act has expired.

An Act to Amend Chapter 35
of the Acts of 2014,
the Limitation of Actions Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 4(1) of Chapter 35 of the Acts of 2014, the Limitation of Actions Act, is repealed and the following subsection substituted:

(1) This Act does not apply to

(a) a claim based on the existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed in section 35 of the Constitution Act, 1982; or

(b) an equitable claim by aboriginal peoples against Her Majesty.

2 Section 5 of Chapter 35 is amended by striking out "in right of the Province".

3 Section 10 of Chapter 35 is amended by

(a) striking out "in right of the Province" in the first and second lines of clause (a);

(b) striking out "in right of the Province" in the first and in the second lines of clause (b); and

4 (1) Subsection 23(2) of Chapter 35 is amended by

(a) striking out "This Section" in the first line and substituting "Subsection (3)"; and

(b) adding ", other than claims referred to in Section 11," immediately after "date" in the second line.

(2) Section 23 of Chapter 35 is further amended by adding immediately after subsection (3) the following subsection:

(4) A claimant may bring a claim referred to in Section 11 at any time, regardless of whether the former limitation period expired before the effective date.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created May 8, 2015. Send comments to legc.office@novascotia.ca.

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