Ministry of Justice
Transition Rules Flowchart for the new Limitation Act
This document was developed by the Civil Policy and Legislation Office, Ministry of Justice. It is posted as educational material to support the
transition to the new Limitation Act. It is not intended to constitute legal advice and should not be relied upon for those purposes.
START: Did the act or omission occur before NO The new Limitation Act applies.
June 1, 2013? The transition rules do not apply. *NOTE: If the civil claim is based on sexual
assault or assault or battery (of a minor or
YES dependant) as described in s.3(1)(i),(j) or (k)
of the new Limitation Act, no limitation
The former Limitation Act, R.S.B.C. 1996, c. 266 period applies. It does not matter if
Has a court proceeding been YES applies. All former limitation periods and discovery occurred before or after June 1,
commenced before June 1, 2013? exemptions apply. 2013. It does not matter if a former
limitation period has expired.
NO
The claim is
Has a limitation period under the former Limitation Act expired*? YES
statute-barred.
NO
Was the claim “discovered” on or after June 1, 2013? NO The former Limitation Act applies. All former
limitation periods and exemptions apply.
YES
Is the claim listed in s.3 [exempted claims] of the new Limitation Act? YES The new Limitation Act applies. No limitation period.
The new Limitation Act applies. The 15 year NO
ultimate limitation period starts to run on the
later of: June 1, 2013 or the day the act or The 6 year medical ULP in the
omission takes place under s. 21(2)** of the new Would the claim be governed by the 6
former Limitation Act continues to
Limitation Act. The 2 year basic limitation period NO
year ultimate limitation period under
YES apply. The 2 year basic limitation
and the discovery rules in the new Limitation Act s.8(1)(a) or (b) [medical ULP] of the
period and the discovery rules in
apply, unless otherwise specified. The exemptions former Limitation Act?
the new Limitation Act apply.
in sections 2 and 3 apply.
Note: The new Limitation Act is a default statute. If another provincial statute contains a limitation period, the new Limitation Act does not apply, except to the extent provided for in
the other provincial statute. The new Limitation Act is not yet in effect. Until June 1, 2013 the former Limitation Act continues to apply.
**Special ULP start dates for claims involving conversion, fraud, fraudulent breach of trust, future interest in trust property, demand obligations, security realization or redemption,
contribution or indemnity, a minor, or a person under a disability.
