Engineers Nova Scotia Members:

I am pleased to announce that Bill #64 - the Limitations of Actions Act, passed Third Reading a few minutes ago and will now go forward for royal assent. Royal assent is the day that the Lieutenant Governor signs the final version of the Bill and the Bill will then become law. Nevertheless, the hard work started by our association in 2008 is basically complete with the passing of this Bill by the Legislature.

As a recap, existing legislation provides that any claim for negligence must be brought within six years of the cause of action arising. However, the rule of discoverability means that this six years starts from the time the claimant knew, or ought to have known, about the facts giving rising to the claim. This essentially leaves our members liable for six years beyond death.

Under the new legislation passed today, a claim can generally not be brought after the earlier of two (2) years from the day the claim is discovered, or fifteen (15) years from the day on which the act or omission occurred. This greatly reduces the time frame for which our members remain liable. Along with providing closure to our members, it should also reduce their costs for insurance and file storage, and improve employment and mobility by giving our members similar protection to what exists in most other provinces. The impact of this new legislation is actually quite huge and this is a very good step forward for Nova Scotia, our members, and all professional firms operating in this province.

I should also note that our association appeared before Law Amendments Committee last week, where we provided comment on the draft Bill and answered several questions from the various parties. A portion of our presentation was referred to by the Minister of Justice earlier today when she gave her final remarks before the legislation was passed. I have been involved in half a dozen appearances before the Law Amendments Committee over the years, and I continue to be impressed with the very high regard that Government has for the engineering profession in Nova Scotia.

Very best,

Len

Len White, MBA, CGA, P.Eng., FEC

CEO and Registrar, 

Engineers Nova Scotia