b'GOVERNMENT RELATIONS UPDATEON POLICY DEVELOPMENTThe Limitation of Actions ActThe Limitation of Actions Act refers to a law which sets aA shorter limitation is also beneficialperiod that a person can wait before filing a lawsuit. Thewhen balancing the rights of the plaintiff limitation periods in Canada vary by province and by typeand the claimant.of claim. Many Canadian jurisdictions have updated theirThe general perception is that claimantslimitation periods in recent years and an increased uniformityshould not be allowed to sit on their rights across jurisdictions in Canada was achieved. Manitobafor an inordinate length of time currently has a basic limitation period ranging from two tobefore bringing a lawsuit, and that the 10 years. Comparatively, most Canadian jurisdictions have adefendants should not be subjected to nearly universal basic limitation period of two years. Manitobathe threat of possible legal action indefinitely.also has an ultimate limitation of 30 years, which is theThe quality of evidence deteriorates with the passagelongest limitation period in Canada, while other jurisdictions general limitation periods are 10 to 15 years. of time. Witnesses memories fade, documents are no longerIn April 2017, results of Engineers Geoscientists Manitobasavailable and many claims do not proceed to court after (the association) membership survey showed that The10 years because the evidence has deteriorated to the Limitation of Actions Act legislation was among one of thepoint that it is not possible to generate a complete and top issues practitioners wanted to see the association lobbyreliable record to support a fair judicial decision.for the government to assist the public and the engineeringIn 2010, the Manitoba Law Reform Commission and geoscience industries. In September 2017, the Limitation of Actions Task Group was formed by members of industry,comprehensively reviewed the current Act providingunder the guidance of the associations Government38 recommendations for changes to the Act.Relations Department and the Government Relations Shorter limitation periods may result in reducing the Advisory Committee (GRAC), to address concerns raised byliability cost to companies, sole practitioners andmembers and the public regarding The Limitation of Actionsretired professionals.Act. The task group, in consultation with the associationsBusinesses currently have to cover a longer period of legal team, submitted a briefing to the Manitoba Minister of Justice in the spring of 2018. The briefing Proposal to Amendexposure to potential liability, which increases their cost the Limitation of Actions Act suggested to replace currentof doing business in Manitoba. limitations in order to be more consistent with neighbouringConsistency is expected to be achieved for jurisdictions provinces and suggested a two-year basic limitation periodwithin Canada.and 10- or 15-year ultimate limitation period, respectively, In November 2019, in the reading of the Speech from the for Manitoba.Throne, it was stated that the government will put forward The proposal argues that by signing the New Westthe amendments to The Limitation of Actions Act to bring Partnership Trade Agreement (NWTPA) and theManitoba in line with the rest of the country. In the ministerial implementation of the Canadian Free Trade Agreement,mandate letter issued in March 2020 by Premier Brian the Manitoba government had committed to reducingPallister to the Honourable Cliff Cullen, Minister of Justice barriers to the free movement of workers, goods, servicesand Attorney General, the premier outlined the ministers and investment; to reducing red tape; and to improvingresponsibilities for the upcoming legislative session. Of regulatory efficiency to better align regulations interest to the association is the provinces commitment to across provinces.modernize the legislation relating to the limitation of actions.The briefing included reasons for amending The Limitation ofThe success of the initiative depends on the effective Actions Act in Manitoba. To summarize, the briefing communication with government, productive stakeholder stated that: engagement and the support from our association. Encouraged by the commitment of the provincial government A shorter limitation period is in the publics interest,to reform the legislation, seven professional and regulatoryas it could serve to encourage business owners andorganizations, including our association, jointly submitted operators to take more responsibility for their facilities,a letter to Minister Cullen this March, which proposed products or systems.a meeting to discuss the plan to amend the legislation and identified how they can assist in the process. We are As such, if they knew that their resources end within a finite period, they might be more inclined to examine orconvinced better solutions to this issue can be achieved audit the facilities, products or systems periodically tothrough continued communication and mutual determination confirm compliance with the design standards. between government, stakeholders and the general public.30 BUILD MANITOBAwinnipegconstruction.ca'