March 8, 2021
Province Introduces New Legislation that would Repeal and Replace the Limitations Act
– – –Bill 51 Creates a Simpler, More Modern Limitations System that would Align with Other Jurisdictions: Friesen
The Manitoba government is introducing legislation that would repeal and replace the outdated Limitations of Actions Act with a simpler, modern act that would enhance access to justice and make it easier to do business in Manitoba, Justice Minister Cameron Friesen announced today.
“We must act to simplify Manitoba’s Limitations of Actions Act, which creates barriers to trade in Manitoba and is out of date,” said Friesen. “Bill 51 will bring Manitoba in line with other provinces that have already simplified and modernized their limitations laws.”
Statutory limitations ensure that a person can no longer seek the assistance of the court to enforce a legal right after a certain period of time. Currently, different limitations apply to specified causes of action in Manitoba, creating confusion.
Bill 51 would introduce a streamlined structure based on a two-year ‘basic’ limitation and a longer ‘ultimate’ limitation, aligning with the legislation with other jurisdictions. This approach would simplify the law, promote efficiency of the civil justice system and create more certainty as to when the timeline begins.
“The act has been a long-standing source of frustration for individuals, businesses, lawyers and others. Our government is acting on recommendations made by the Manitoba Law Reform Commission, which had received numerous submissions through a public consultation process,” added Friesen.
In addition, a number of professional stakeholders, including architects, engineers, surveyors and construction companies, have expressed the importance of harmonizing limitations statutes to help reduce trade barriers.
The minister noted that Bill 51 would level the playing field to ensure legislative parity while making it easier for professionals and skilled tradespeople from other jurisdictions to work in Manitoba, while strengthening the competitiveness of the province and would help the economy grow.
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