The federal government has suspended limitation periods and procedural deadlines for a six-month period as a result of the 2019 novel coronavirus disease (COVID-19) pandemic emergency.
At the federal level, An Act respecting further COVID-19 measures, S.C. 2020, c. 11 (formerly Bill C-20) received Royal Assent and passed into law. Embedded as Part 3 of Bill C-20 is a short statute called Time Limits and Other Periods Act (COVID-19), S.C. 2020, c. 11, s. 11 (TLOPA).
Under section 6(1) of the TLOPA, any of the following sorts of time limits created under an Act of Parliament are temporarily suspended:
A limitation period to start a proceeding.
A time limit for a step in a proceeding.
A time limit for an application for leave to commence a proceeding or take some other step.
The above time periods are automatically suspended for the period beginning March 13, 2020 and ending September 13, 2020. The suspension may be lifted by the Governor in Council or varied by court order.
Section 7 of the TLOPA also created a mechanism for extending certain deadlines under various federal statutes, including:
Canada Business Corporations Act, R.S.C. 1985, c. C-44 (CBCA)
Canada Not-for-profit Corporations Act, S.C. 2009, c. 23 (CNCA)
Canada Cooperatives Act, S.C 1998, c. 1 (CCA)
Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (BIA)
Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA)
The relevant time periods are not suspended automatically under the TLOPA, but require an order by the minister responsible for the particular Act.
If your client has a claim under a federal statute that was nearing the limitation period before or during the pandemic, you can now take comfort that the limitation period has been suspended temporarily.
You should also note that the language of the TLOPA does not appear to suspend procedural deadlines set by court order. To the extent that an upcoming deadline relates to a court appearance or face-to-face meeting, you should continue to follow guidance from the courts regarding the rescheduling of appearances. For other court-imposed deadlines for steps that do not require any in-person appearance, you should continue to use best efforts to meet these obligations and communicate any difficulties to opposing counsel in advance.