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BILL 49

An Act to Amend the Limitation of Actions Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Limitation of Actions Act, chapter L-8.5 of the Acts of New Brunswick, 2009, is amended by adding after section 7 the following: 

Recovery of money – Crown claimants

7.1( 1) Subject to subsection (2), Part 2 applies to a claim brought by the Crown for the recovery of money owing to it.

7.1( 2) No claim in subsection (1) shall be brought after the earlier of

asix years from the day on which the claim is discovered, and

bfifteen years from the day on which the act or omission on which the claim is based occurred.

Transition – Crown claimants

7.2( 1) This section applies to claims brought by the Crown for the recovery of money owing to it that are based on acts or omissions that took place before the commencement of this section.

7.2( 2) If the limitation period in subsection 7.1(2) would, if not for this section, expire after the commencement of this section but before July 1, 2022, that limitation period expires on July 1, 2022.

7.2( 3) Despite subsection (2), a limitation period for the Crown to bring a claim for the recovery of money owing to it that was not expired immediately before the commencement of this section shall not expire until July 1, 2022, even if the limitation period in subsection 7.1(2) has expired for the claim.

7.2( 4) A limitation period that would, if not for subsection (2) or (3), expire between July 1, 2021, and the day the Act that enacted this section received Royal Assent, shall be deemed to have not expired and shall expire on July 1, 2022.

2 The heading “PART 7 TRANSITION” preceding section 27 of the Act is repealed.

3 Part 7 of the Act is repealed.

4 This Act shall be deemed to have come into force on June 30, 2021.