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AN ACT TO REMOVE BARRIERS FOR SURVIVORS OF SEXUAL AND DOMESTIC VIOLENCE

Bill 2

AN ACT TO REMOVE BARRIERS FOR
SURVIVORS OF SEXUAL AND
DOMESTIC VIOLENCE

Chapter 7

(Assented to May 4, 2017)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:


Amends RSA 2000 cL‑12

1   The Limitations Act is amended by this Act.

 

2   Section 3(1) is amended by striking out “section 11” and substituting “sections 3.1 and 11”.

 

3   The following is added after section 3:

No limitation period

3.1(1)  There is no limitation period in respect of

                                 (a)    a claim that relates to a sexual assault or battery,

                                 (b)    a claim that relates to any misconduct of a sexual nature, other than a sexual assault or battery, if, at the time of the misconduct,

                                        (i)    the person with the claim was a minor,

                                      (ii)    the person with the claim was in an intimate relationship with the person who committed the misconduct,

                                     (iii)    the person with the claim was dependent, whether financially, emotionally, physically or otherwise, on the person who committed the misconduct, or

                                     (iv)    the person with the claim was a person under disability,

                                      or

                                 (c)    a claim that relates to an assault or battery, other than a sexual assault or battery, if, at the time of the assault or battery,

                                        (i)    the person with the claim was a minor,

                                      (ii)    the person with the claim was in an intimate relationship with the person who committed the assault or battery,

                                     (iii)    the person with the claim was dependent, whether financially, emotionally, physically or otherwise, on the person who committed the assault or battery, or

                                     (iv)    the person with the claim was a person under disability.

(2)  Subsection (1) applies to a claim in respect of an act that occurred before or after the coming into force of this section, regardless of the expiry of any previously applicable limitation period set out in section 3 or a predecessor of this Act.