The Province has amended O.Reg. 73/20, which provides for the suspension of certain limitation periods for the duration of the Declaration of Emergency, via the passage of amending O.Reg. 137/20.
The amendment stipulates that O.Reg. 73/20 does not apply to the Niagara Escarpment Planning and Development Act or the regulations made under it effective retroactively to April 9, 2020, or the Construction Act or the regulations made under it effective April 16, 2020. Therefore, limitation periods or periods of time within which any step must be taken in a proceeding, including an intended proceeding, under these statutes and their regulations continue to operate as per usual.
The Construction Act was likely exempted due to the effects that a suspension of time would have on construction liens and holdbacks, as certain residential construction is allowed to continue during the Emergency as detailed in our previous blog post.
