TVA | Updates
Any limitation period prescribed under any statute*, and any period of time within which any step must be taken in a proceeding**, were suspended retroactively to March 16, 2020. Effective September 14, 2020, the suspensions are revoked, and limitation and time periods will resume running as of that date.
*except the Niagara Escarpment Planning and Development Act (resumed April 9, 2020), the Construction Act (resumed April 16, 2020), and the Family Responsibility and Support Arrears Enforcement Act, 1996 (resumed June 8, 2020)
**subject to the discretion of the court
Statutory Limitation Periods Referenced in the Schedule to the Limitations Act, 2002 (Section 19)
The Limitations Act, 2002 came into effect on January 1, 2004. Amended to 2023, c. 21, Sched. 9, s. 14.
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STATUTE
|
PROVISION
|
SECTION(S)
|
LIMITATION PERIOD(S)
|
|---|---|---|---|
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Arbitration Act, 1991
|
Application to enforce award
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52 (3)
|
Later of 10 years & Dec 31, 2018
|
|
Assignments and Preferences Act
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Contestation of claim
|
26(2) & 27(2)
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30 days & 10 days
|
|
Business Corporations Act
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Bar right to examine books
|
157(2)
|
15 days
|
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Fix value of shares
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185(18) & (19)
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50 days & 20 days
|
|
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Security-takeover/issuer bid
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188(9)
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30 days
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|
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Fix value-takeover/issuer
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188(13) & (14)
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20 days & 20 days
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|
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Fix value- acquire securities
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189(5)
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90 days
|
|
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City of Toronto Act, 2006
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Application to quash by-law
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214(4)
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one year
|
|
Application to quash debenture by-law
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250(2)
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3 months
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|
|
Action for unpaid tax, penalty or interest
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270(4)
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4 years & 6 years
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|
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Entitlement to proceeds of sale paid into court
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351(5)
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90 days after pymt & within 10 years of pymt
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|
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Civil Remedies Act, 2001
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Forfeiture of property; conspiracy proceeding
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3(5) & 13(7)
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15 years & 15 years
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Commodity Futures Act
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Proceedings under Act
|
60.4
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6 years
|
|
Construction Act |
Motion for leave for JR of adjudicator’s decision
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13.18(2)
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30 days
|
|
Filing adjudicator’s decision to enforce as court order
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13.20(2)
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2 years
|
|
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Preserve lien
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31
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45 days (60 days*)
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|
|
Perfect lien
|
36
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45 days (90 days*)
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|
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Corporations Act
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Shareholder liability-decreased capital
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37(2)
|
6 months & 2 years
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|
Creditors’ Relief Act, 2010
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Object to sheriff’s distribution
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12(1)
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8 days
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|
Drainage Act
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Damages or injunctions-notice
|
111(1)
|
10 days
|
|
Filing of Notice
|
111(2)
|
2 years
|
|
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Education Act
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Declaration of board vacancy
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218(2)
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90 days
|
|
Declaration of vacancy (French Language Board)
|
11(3)-Sch 1
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90 days
|
|
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Election Act
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Contest validity of election
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99(4)
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90 days
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Electricity Act, 1998
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Payment, adjustment, etc. from or to IESO
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36.1.1
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2 years (but subject to regs, no discoverability)
|
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Environmental Bill of Rights, 1993
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Contravention causing harm
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102
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2 years
|
|
Estates Act
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Allow contested claim
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44(2) & 45(2)
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30 days (3 months with leave)
|
|
Claim barred by Trustee Act
|
47
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3 months
|
|
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Estates Administration Act
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Order to distribute estate
|
17(5)
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3 years
|
|
Expropriations Act
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Quash or set aside proceeding
|
43
|
30 days
|
|
Fines and Forfeitures Act
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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
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26(1)
|
30 days
|
|
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Fuel Tax Act
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Right to possession of fuel
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8(13)
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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
|
|
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Damage to automobile
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259.1
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1 year
|
|
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Accident benefits dispute
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208(2) IA & 56 SABS
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||
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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
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Libel in newspaper or broadcast
|
6
|
3 months
|
|
Liquor License and Control Act, 2019
|
Application to possess seized liquor
|
59(4)
|
30 days
|
|
Mortgages Act
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Building mortgage
|
21(2)
|
1 year
|
|
Tenant’s right to re-occupy
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54(2)
|
210 days
|
|
|
Municipal Act, 2001
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Quash by-law (not debenture by-law)
|
273(5)
|
1 year
|
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Proceeds of sale-payment
|
380(5)
|
90 days after pymt & within 10 years of pymt
|
|
|
Quash debenture by-law
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415(2)
|
3 months
|
|
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Municipal Conflict of Interest Act
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Contravention of disclosure duty etc.
|
8(2) & 8(6)
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6 weeks & 6 years
|
|
Municipal Elections Act, 1996
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Recounts – clerk & judicial
|
58(2) & 63(1)
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30 days & 15 days
|
|
Validity of election
|
83(2)
|
90 days
|
|
|
Not-for-Profit Corporations Act, 2010*
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Corp may seek order barring examination of financials
|
98(3)
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Within 15 days of request to examine
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Corp’s application to fix fair value
|
187(14)
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Within 50 days after the action approved by the resolution is effective
|
|
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Dissenting member’s application to fix fair value
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187(15)
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Within a further 20 days (70 days total) if corp fails to apply
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|
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Ontario Home Ownership Savings Plan Act [still appears on Schedule but entire Act was repealed in 2009]
|
Enforce provisions of Act
|
18
|
6 years
|
|
Opioid Damages and Health Care Costs Recovery Act, 2019
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Crown action to recover the cost of health care benefits, damages caused by an opioid related wrong
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6(1)
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15 years from December 12, 2019
|
|
Federal Crown actions to recover the cost of health care benefits, and actions in which Crown (Federal or Provincial) is a class member in such actions
|
6(1.1)
|
15 years from December 4, 2023
|
|
|
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
|
All proceedings (except where otherwise provided)
|
129.1
|
6 years
|
|
Civil proceedings-rescission
|
136(6) & 138
|
90 days notice; 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(4)
|
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 seized tobacco
|
6(10) & 24(5)
|
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.
No Limitation Periods*
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)
|