1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE COLIN GABELMANN
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 3 (3) (k) of the Limitation Act, R.S.B.C. 1979, c. 236 , is repealed and the following substituted:
(k) for a cause of action based on misconduct of a sexual nature, including, without limitation, sexual assault,
(i) where the misconduct occurred while the person was a minor, and
(ii) whether or not the person's right to bring the action was at any time governed by a limitation period;
(l) for a cause of action based on sexual assault, whether or not the person's right to bring the action was at any time governed by a limitation period.
2 Section 8 is repealed and the following substituted:
8 (1) Subject to section 3 (3) and subsection (1.1) of this section but notwithstanding a confirmation made under section 5, a postponement or suspension of the running of time under section 6 or 11 (2) or a postponement or suspension of the running of time under section 7 in respect of a person who is not a minor, no action to which this Act applies shall be brought
(a) against a hospital, as defined in section 1 of the Hospital Act, or against a hospital employee acting in the course of employment as a hospital employee, based on negligence, after the expiration of 6 years from the date on which the right to do so arose,
(b) against a medical practitioner, based on professional negligence or malpractice, after the expiration of 6 years from the date on which the right to do so arose, or
(c) in any other case, after the expiration of 30 years from the date on which the right to do so arose.
(1.1) Subject to section 7 (6), the running of time with respect to the limitation periods fixed by subsection (1) for an action referred to in subsection (1) is postponed and time does not commence to run against a plaintiff until the plaintiff reaches the age of majority.
(2) Subject to subsection (1), the effect of sections 6 and 7 and subsection (1.1) of this section is cumulative.
3 Sections 13 (2) and 14 (6) are amended by striking out "section 3 (3) (k) (i)" and substituting "section 3 (3) (k) or (l)".
4 No action that is brought on or before December 31, 1995 for damages caused by the injection of silicone into a human body or the insertion into a human body of saline filled implants or implants consisting of silicone, silicone gel or polyurethane or elastometer made of silicone shall be barred under the Limitation Act.
5 A right to bring an action that was barred under section 8 of the Limitation Act as it read before the coming into force of section 2 of this Act is revived if
(a) the act or omission that gave rise to the right to bring the action occurred after June 30, 1975, and
(b) the right to bring the action is not barred under section 8 of the Limitation Act as amended by section 2 of this Act.
6 Section 2 is deemed to have come into force on July 1, 1975 and is retroactive to the extent necessary to give it effect on and after that date.
SECTION 1: permits an action for damages arising from sexual assault to be brought at any time without reference to limitation periods and clarifies that "misconduct of a sexual nature" includes but is not limited to sexual assault.
SECTION 2: provides that a limitation period does not begin to run against a person while that person is a minor whether or not the cause of action is against a hospital or hospital employee for negligence or against a medical practitioner for professional negligence or malpractice.
SECTION 3: harmonizes cross references in the Limitation Act with the amendments effected by this Act.
SECTION 4: extends the limitation period for breast implant victims until December 31, 1995.
SECTION 5: revives causes of action barred under section 8 of the Limitation Act as it read before the enactment of section 2 of this Bill, that would not be barred under section 8 of the Limitation Act as amended by section 2 of this Bill.
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