Extension of the Suspension Order to June 14, 2020

We have previously reported on the suspension of limitations periods and procedural deadlines in Ontario effective March 16, 2020 pursuant to Ontario Regulation 73/20, as amended (the “Suspension Order”) made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”). The Suspension Order is subject to limitations in its duration and scope, as discussed in our earlier posts, which are listed at this link.

With respect to duration, the Suspension Order will continue in effect until June 14, 2020, because:

  • by its terms, the period of suspension under the Suspension Order is tied to the “duration of the emergency.”
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Draft Federal Legislative Proposals Regarding Time Limits and Other Periods due to COVID-19

Further to our article of March 27, 2020, Ontario Regulation 73/20 made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 does not apply to suspend deadlines or limitation periods under federal law. The Government of Canada has recently sought to retroactively fill that gap.

On May 19, 2020, the Government of Canada published draft legislative proposals which would temporarily suspend or extend certain time limits set out in federal legislation where the COVID-19 pandemic may make compliance difficult or impossible. The proposed statute would extend limitation periods in civil proceedings before the courts along with regulatory time limits.

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Extension of the Suspension Order to June 2, 2020

Limitations periods and procedural deadlines in Ontario have been suspended since March 16, 2020 pursuant to Ontario Regulation 73/20 (the “Suspension Order”) made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”). The Suspension Order was amended on April 9, 2020 by Ontario Regulation 137/20 and on May 1, 2020 by Ontario Regulation 194/20 to deal with the application of the Suspension Order to three specific circumstances, including most notably a carve out for the Construction Act, RSO 1990, c C.30 and the regulations made under it effective from and after April 16, 2020.

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Extension of the Suspension Order to May 12, 2020

Limitations periods and procedural deadlines in Ontario have been suspended since March 16, 2020 pursuant to Ontario Regulation 73/20 (the “Suspension Order”) made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”). The Suspension Order was amended on April 9, 2020 by Ontario Regulation 137/20 to create two carve-outs, including most notably effective from and after April 16, 2020 the Construction Act, RSO 1990, c C.30and the regulations made under it.

The Suspension Order is subject to limitations in its duration and scope, as discussed in our earlier post.

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Extension of the Order in Council to April 14, 2020

In an effort to stop the spread of the coronavirus (COVID-19), the Government of Ontario recently extended the Declaration of Emergency to April 14, 2020.

A copy of Ontario Regulation 105/20 can be found here.

Accordingly, the Order in Council dated March 20, 2020, suspending statutory limitation periods and, subject to the discretion of the court, tribunal, or other decision-maker responsible for the proceeding, procedural timelines continues in effect until April 14, 2020.

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Suspension of Limitation Periods and Procedural Deadlines in Ontario: An Update

Background

As has been widely discussed, in light of the unprecedented impact of the novel coronavirus (COVID-19), on March 20, 2020, the Lieutenant Governor made an Order in Council under section 7.1(2) of the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”) suspending limitation periods for the duration of the emergency (the “Suspension Order”). The Suspension Order also suspends procedural time periods, subject to the discretion of the court, tribunal, or other decision-maker responsible for the proceeding. The suspensions are retroactive to March 16, 2020. A copy of the Suspension Order, filed with the Registrar of Regulations (as O.

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