Legislative Assembly of New Brunswick
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# Limitation of Actions Act
See: Commentary on Bill 28: Limitation of Actions Act 

Legislature :
56
Session :
3
Bill No. :
28
Member :
Hon. Thomas J. Burke, Q.C.
First Reading :
2008-12-16
Second Reading :
2009-5-22
Committee of the Whole :
2009-6-17
Amended :
2009-6-17
Third Reading :
2009-6-18
Royal Assent :
2009-6-19
Download PDF :
Bill 28
Note :


Amendments to the First Reading Bills are provided for information purposes only. For an official copy of an amendment, contact the Office of the Clerk of the Legislative Assembly. Telephone: (506) 453-2506; fax: (506) 453-7154; Web site: www.gnb.ca/legis/index-e.asp

Text of Bill :

 

Amendment :

Subsection 4(2)


Strike out subsection 4(2) and substitute the following:

4(2) If there is a conflict between this Act and any private Act of New Brunswick, this Act prevails.


Section 14

Section 14 is amended

(a) by renumbering the section as subsection 14(1);

(b) in subsection (1) by striking out “No claim for contribution” and substituting “Subject to subsection (2), no claim for contribution”;

(c) by adding after subsection (1) the following:

14(2) No claim for contribution under paragraph 2(c) of the Tortfeasors Act shall be brought against a person after the expiry of the earlier of

(a) the period of 2 years that begins on the day on which the claimant, having settled the original claim out of which the claim for contribution arises or having been served with the pleading by which that original claim was brought, first knew or ought reasonably to have known that the person was liable to make the contribution, and

(b) the period of 15 years from the day of the person’s act or omission in respect of which the claim for contribution is brought.



Add after section 14 the following:

Trespass to the person, assault or battery

14.1 There is no limitation period in respect of a claim for damages for trespass to the person, assault or battery if the act complained of is of a sexual nature.

Subsection 15 (1)

In subsection 15(1), strike out “paragraph 14(a)” and substitute “paragraph 14(1)(a) or (2)(a)”.


Section 16

In paragraph 16(a), strike out “paragraph 11(b) or 14(b)” and substitute “paragraph 11(b), 14(1)(b) or 14(2)(b)”.

Subsection 18(1)

In subsection 18(1), strike out “paragraph 11(a) or 14(a)” and substitute “paragraph 11(a), 14(1)(a) or 14(2)(a)”.



Section 26

(a) Strike out the heading “Agreements” preceding section 26.

(b) Strike out section 26.



Section 27

In section 27,

(a) in subsection (1) strike out “this section” and substitute “this section and sections 27.1 and 27.2”;

(b) strike out subsection (2) and substitute the following:

27(2) This section applies to claims that are based on acts or omissions that took place before the effective date.

(c) strike out subsection (4).



Add after section 27 the following:

Transition – debts due to the Crown

27.1 During the first 6 years after the effective date, the limitations law of New Brunswick, as that law existed immediately before the effective date, applies to a claim brought by the Crown to recover money owing to it.

Expiry of former limitation period

27.2 Nothing in this Act permits a claim to be brought if the former limitation period has expired before the effective date.




Add after section 37 the following:

Proceedings Against the Crown Act

37.1 Section 15 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended

(a) by renumbering the section as subsection 15(1);

(b) by adding after subsection (1) the following:


15(2) If the notice is served before the expiry of the limitation period that applies to the action and the two-month period referred to in subsection (1) ends after the expiry of the limitation period, the limitation period is extended by seven days after the end of the two-month period.


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