Newfoundland and Labrador passes law to allow variation of limitation periods and statutory timelines during COVID-19 pandemic
On March 26, 2020, the COVID-19 Pandemic Response Act received Royal Assent.
Among other things, that statute brought into force the Temporary Variation of Statutory Deadlines Act (the “Act”).1 The Act addresses concerns in Newfoundland and Labrador regarding expiry of limitation periods and other statutory deadlines during the COVID-19 pandemic response. In particular, the logistical and human challenges in complying with statutory deadlines when courts are closed to all but urgent matters, and clients may not be in a position to address legal matters due to closure, lay-off, or other business interruption.
The Act also applies to deadlines/limitation periods in subordinate legislation, such as Regulations.
In general, the Act empowers:
- A minister, on the advice of the Attorney-General, to vary a deadline or time period in a statute administered by that minister for up to 6 months;
- The premier, on the advice of the Attorney-General, to vary a deadline or time period in certain statutes set out in the Executive Council Notice, 20192 for up to 6 months;
- The Speaker of the House to vary a deadline or time period in enumerated statutes for up to 6 months;
- The Lieutenant-Governor in Council may, on the advice of the Attorney-General, by order vary a deadline or time period in a statute administered by a minister or the premier for up to 6 months, retroactive to March 14, 2020 if desired.
To determine what statutes are administered by what entity (minister, premier, Speaker), please refer to the Regulations under the Executive Council Act.3 Those Regulations set out the powers of each department and its minister, and include a list of the statutes administered by each minister.
Notice of any variance by a minister, the premier, or the Lieutenant-Governor in Council must be posted:
- On a government website;
- In the Newfoundland and Labrador Gazette.
At the date of this update, there have been some variances to deadlines in government-centered legislation, including legislative member financial reporting and public reporting of public sector compensation.
The Law Society of Newfoundland and Labrador has made the following recommendations to government for review and action:
- Under the authority of the Lieutenant-Governor in Council, to extend all limitation periods in the Limitations Act for a period of 6 months retroactive to March 14, 2020;
- Under the authority of the Minister of Justice and Public Safety, to extend statutory deadlines set out in the:
- Judicature Act and the Rules of the Supreme Court, 1986;
- Court of Appeal Rules;
- Small Claims Act and Small Claims Rules; and
- Law Society Act, 1999.
The Act, and the permitted variances under it, expires at the end of the next sitting of the House of Assembly. As a result, we anticipate swift action to be taken under the Act.
A further update will follow any developments.
1 SNL 2020, c T-4.02.
2 NLR 93/19.
3 SNL 1995, c E-16.1.
This update is intended for general information only. If you have questions about the above, please contact a member of our Litigation & Alternative Dispute Resolution Group.
Click here to subscribe to Stewart McKelvey Thought Leadership articles and updates.
Archive
Rick Dunlop In my December 15, 2016 article, Federal Government’s Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there was a lack of research to reliably determine when individuals are impaired…
Read MoreRick Dunlop and Michelle Black On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could spend time with their respective families. That…
Read MoreJoe Thorne and Meaghan McCaw The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement or a release, may be set aside on the basis that…
Read MoreJonathan Coady After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into more than sixty records withheld by a local school board on the…
Read MorePeter McLellan, QC & Richard Jordan Introduction On February 21, 2017 the Nova Scotia Government passed Bill 75 – the Teachers’ Professional Agreement and Classroom Improvement (2017) Act. This Bulletin will provide some background to what is, today,…
Read MoreBruce Grant, QC and Justin Hewitt In the recent decision of Scotia Mortgage Corporation v Furlong1 the Supreme Court of Newfoundland and Labrador confirmed that where a law firm acts jointly for the borrower and lender in the placement…
Read MoreThe Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy question that had divided the lower…
Read MoreIn preparing for the 2017 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…
Read MorePerlene Morrison and Hilary Newman During the fall 2016 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Planning Act. The amendments received royal assent on December 15, 2016 and…
Read MoreJoe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3 the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…
Read More