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The Limitations Act, 2002 came into effect on January 1, 2004. Last amendment: S.O. 2017, c. 2, Schedules 5 & 8

Download - Limitation Periods Charts

The chart has commentary from recent decisions which clarifies various limitation periods. Click the links marked with an asterisk*.

Statutory Limitation Periods Referenced in the Schedule to the Limitations Act, 2002 (Section 19)

STATUTE
PROVISION
SECTION(S) LIMITATION PERIOD(S)
Arbitration Act, 1991
Application to enforce award
52 (3)
Later of 10 years & Dec 31, 2018
Assignments and Preferences Act
Contestation of claim
26(2) & 27(2)
30 days & 10 days
Bulk Sales Act
Set aside sale in bulk
19
6 months
Business Corporations Act
Bar right to examine books
157(2)
15 days
Fix value of shares
185(18) & (19)
50 days & 20 days
Security-takeover/issuer bid
188(9)
30 days
Fix value-takeover/issuer
188(13) & (14)
20 days & 20 days
Fix value- acquire securities
189(5)
90 days
Business Practices Act
Rescission for unfair practice
4(5)
6 months
City of Toronto Act, 2006 (see also Municipal Act)
Action for unpaid tax, penalty or interest
270(4)
4 years & 6 years
Civil Remedies Act, 2001
Forfeiture of property; conspiracy proceeding
3(5) & 13(7)
15 years & 15 years
Commodity Futures Act
Proceedings under Act
60.4
6 years
Community Small Business Investment Funds Act, 1992
Rescind purchase of share
40(8)
180 days
Action other than rescission
40(9)
180 days or 3 years
Construction Lien Act
Preserve lien
31
45 days
Perfect lien
36
45 days
Corporations Act
Shareholder liability-decreased capital
37(2)
6 months & 2 years
Creditors’ Relief Act, 2010
Object to shefiff's distribution
12(1)
8 days
Drainage Act
Damages or injunctions
111
2 years
Education Act
Declaration of board vacancy
218(2)
90 days
Election Act
Contest validity of election
99(4)
90 days
Environmental Bill of Rights, 1993
Contravention causing harm
102
2 years
Environmental Protection Act
Proposal for payment-spill
108(1)
20 days
Estates Act
Allow contested claim
44(2) & 45(2)
30 days
Claim barred by Trustee Act
47
3 months
Estates Administration Act
Order to distribute estate
17(5)
3 years
Expropriations Act
Quash or set aside proceeding
43
30 days
Fines and Forfeitures Act
Interest in forfeited personal property
6(2)
60 days
Forestry Workers Lien for Wages Act
Enforce lien
8(1)
30 days
Distribution after lien payment
26(1)
30 days
Fuel Tax Act
Right to possession of fuel
8(13)
30 days
Gasoline Tax Act
Right to possession of fuel
5(13)
30 Days
Income Tax Act
Directors’ liability
38
2 years
Claim for fire insurance
148 (con. 14)
1 year
Damage to automobile
259.1
1 year
Accident benefits dispute
281.1
2 years
International Commercial Arbitration Act, 2017
Application for recognition and/or enforcement of award
10
Later of 10 years & Dec 31, 2018
Libel and Slander Act
Libel in newspaper or broadcast
6
3 months
Liquor Licence Act
Right to possess seized liquor
44.1(4)
30 days
Mortgages Act
Building mortgage
21(2)
1 year
Tenant’s right to re-occupy
54(2)
210 days
Municipal Act, 2001 and [City of Toronto Act, 2006]
Quash by-law (not debenture by-law)
273(5) [214(4)]
1 year
Proceeds of sale-payment
380(4) [351(4)]
1 year
Quash debenture by-law
415(2) [250(2)]
3 months
Municipal Conflict of Interest Act
Contravention of disclosure duty etc.
9(1) & (3)
6 weeks & 6 years
Municipal Elections Act, 1996
Recounts – clerk & judicial
58(2) & 63(1)
30 days & 15 days
Extend time to file financial statement
80(6)
91 days
Validity of election
83(2)
90 days
Ontario Home Ownership Savings Plan Act
Enforce provisions of Act
18
6 years
Personal Property Security Act
Entitlement to compensation; Set aside compensation decision
44(13) & (14)
90 days & 30 days
Prohibiting Profit from Recounting Crimes Act, 2002
Payment & forfeiture; Pay into Court or preserve property
4(5) & 6(6)
15 years & 15 years
Public Lands Act
Compensation for deficiency of land
34(3)
5 years
Reciprocal Enforcement of Judgments Act
Registration of judgment
2(1)
6 years
Reciprocal Enforcement of Judgments (U.K.) Act
Registration of judgment
Sch: art 3, p1,
6 years
Securities Act
Enforcement proceedings
129.1
6 years
Civil proceedings-rescission
136(6) & 138
90 days & 180 days
Civil proceedings-other than rescission
138
180 days or 3 years
Misrepresentation, failure to disclose
138.14
6 months and 3 years
Succession Law Reform Act
Order for support of dependants
61
6 months
Taxation Act, 2007
Director’s liability to withhold tax
139
2 years
Tile Drainage Act
Quash by-law
2(3)
4 weeks
Tobacco Damages and Health Care Costs Recovery Act, 2009
Action for tobacco related wrong
6(1)
2 years
Tobacco Tax Act
Right to possession of tobacco
6(10) & 24(5)
30 days & 30 days
Trustee Act
Actions by or against deceased’s estate
38(3)
2 years

The table lists the statutes in the Schedule to Ontario's Limitations Act, 2002, and the corresponding limitation periods. This table is intended as a guideline only. The statutory provisions listed must be consulted.

Note: This table does not cover either (a) the Real Property Limitations Act, R.S.O. 1990, c. L.15, which should be consulted for limitation periods dealing with real property, or (b) limitation periods that are set out in any federal legislation.


Pursuant to Section 16 of the Limitations Act, 2002 , there are no limitation periods in respect of the following proceedings:

TOPIC
DESCRIPTION
SECTION
Civil Remedies
Forfeiture order under s. 8 (property) or 11.2 (vehicle) of the Civil Remedies Act, 2001
16(1)(e)
Collateral
Debtor/creditor in possession of collateral to redeem/realize it
16(1)(f), (g)
Court order
Enforcement of a court order
16(1)(b)
Crown
Recovery of money owing to the Crown re. fines, taxes, penalties and interest
16(1)(i), (j) (2) and (3)
Declaration
Declaration, if not seeking consequential relief
16(1)(a)
Disability
See Crown above re. Ontario Disability Support Program Act, 1997
16(1)(j)(ii) and (2)
Economic Development
See Crown above re. economic development loans
16(1)(j), (2) and (3)
Environmental
Undiscovered environmental claims
17
Health Programs
See Social Assistance below
16(1)(j), (2) and (3)
Medical Resident Loans
Recovery of money owing re. loans, awards or grants under the Ministry of Training, Colleges and Universities Act, the Canada Student Financial Assistance Act or the Canada Student Loans Act
16(1)(k)
Sexual Assault
Any claim for sexual assault
16(1)(h)
Sexual Misconduct
Where the victim was a minor, or the relationship between the parties meets certain criteria
16(1)(h.1)
Assault
Where the victim was a minor, or the parties were in an 'intimate relationship', or the victim was dependant on the defendant
16(1)(h.2)
Social Assistance
See Crown above re. reimbursement of money paid re. social, health or economic programs or policies as a result of fraud, misrepresentation, error or inadvertence
16(1)(j), (2) and (3)
Student Loans
See Medical Resident Loans above
16(1)(k) and (3)
Support
Obtaining or enforcing support under the FLA or domestic contract
16(1)(c)
Welfare
See Crown above re. Ontario Works Act, 1997
16(1)(j)(ii), (2) and (3)

Download - Limitation Periods Charts