Skip to Content

Newfoundland and Labrador passes law to allow variation of limitation periods and statutory timelines during COVID-19 pandemic

Joe Thorne

On March 26, 2020, the COVID-19 Pandemic Response Act received Royal Assent.

Among other things, that statute brought into force the Temporary Variation of Statutory Deadlines Act (the “Act”).1 The Act addresses concerns in Newfoundland and Labrador regarding expiry of limitation periods and other statutory deadlines during the COVID-19 pandemic response. In particular, the logistical and human challenges in complying with statutory deadlines when courts are closed to all but urgent matters, and clients may not be in a position to address legal matters due to closure, lay-off, or other business interruption.

The Act also applies to deadlines/limitation periods in subordinate legislation, such as Regulations.

In general, the Act empowers:

  • A minister, on the advice of the Attorney-General, to vary a deadline or time period in a statute administered by that minister for up to 6 months;
  • The premier, on the advice of the Attorney-General, to vary a deadline or time period in certain statutes set out in the Executive Council Notice, 20192 for up to 6 months;
  • The Speaker of the House to vary a deadline or time period in enumerated statutes for up to 6 months;
  • The Lieutenant-Governor in Council may, on the advice of the Attorney-General, by order vary a deadline or time period in a statute administered by a minister or the premier for up to 6 months, retroactive to March 14, 2020 if desired.

To determine what statutes are administered by what entity (minister, premier, Speaker), please refer to the Regulations under the Executive Council Act.3 Those Regulations set out the powers of each department and its minister, and include a list of the statutes administered by each minister.

Notice of any variance by a minister, the premier, or the Lieutenant-Governor in Council must be posted:

  • On a government website;
  • In the Newfoundland and Labrador Gazette.

At the date of this update, there have been some variances to deadlines in government-centered legislation, including legislative member financial reporting and public reporting of public sector compensation.

The Law Society of Newfoundland and Labrador has made the following recommendations to government for review and action:

  • Under the authority of the Lieutenant-Governor in Council, to extend all limitation periods in the Limitations Act for a period of 6 months retroactive to March 14, 2020;
  • Under the authority of the Minister of Justice and Public Safety, to extend statutory deadlines set out in the:
    • Judicature Act and the Rules of the Supreme Court, 1986;
    • Court of Appeal Rules;
    • Small Claims Act and Small Claims Rules; and
    • Law Society Act, 1999.

The Act, and the permitted variances under it, expires at the end of the next sitting of the House of Assembly. As a result, we anticipate swift action to be taken under the Act.

A further update will follow any developments.


1 SNL 2020, c T-4.02.
2 NLR 93/19.
3 SNL 1995, c E-16.1.


This update is intended for general information only. If you have questions about the above, please contact a member of our Litigation & Alternative Dispute Resolution Group.

Click here to subscribe to Stewart McKelvey Thought Leadership articles and updates.

Archive

Here we go again … how recent updates to Canada’s supply chain transparency reporting guidance may impact your 2025 reporting obligations

By Christine Pound, Colleen Keyes, K.C., and Daniel Roth As reporting entities and government institutions prepare their supply chain transparency reports, Public Safety Canada (“PSC“) has updated its guidance for…

Read More

Energy Watch 2025

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2024 in Newfoundland and Labrador, Nova Scotia and New Brunswick and a look forward to anticipated activities in 2025.

Read More

Land use planning in Prince Edward Island – the year in review

BY Curtis Doyle

By Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in…

Read More

The impact of possible tariff changes on Canadian importers and strategies for consideration (Part II)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert This is the second in a two-part Thought Leadership series. To read Part I, click here. Appearance, design, best use, marketing and distribution While the…

Read More

Canada’s Energy Story: Energy Transition

Lawyers from our Energy Group were pleased to be featured in the latest issue of Canada’s Energy Story, an annual compendium of energy sector articles published by the Energy Council…

Read More

The impact of possible tariff changes on Canadian importers and strategies for consideration (Part I)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert On January 20th, 2025, Donald Trump will be inaugurated as President of the United States. He has promised to swiftly impose tariffs on all…

Read More

Canada’s new criminal rate of interest takes effect

BY David Wedlake & Noah Archibald

By David Wedlake and Noah Archibald The Federal Government’s changes to the criminal rate of interest under the Criminal Code came into effect on January 1, 2025. These changes reduced…

Read More

Nova Scotia’s Regulated Health Professions Act: What’s in store for 2025 and beyond?

BY Tyana R. Caplan & Jennifer Taylor

By Tyana Caplan & Jennifer Taylor As 2025 begins, the legal landscape for regulated health professions in Nova Scotia remains in transition. Nova Scotia’s Regulated Health Professions Act (“RHPA” or…

Read More

2025 immigration challenges

By Brittany C. Trafford, Brendan Sheridan and Kaitlyn Clarke Recently, the Government of Canada made a number of changes to the immigration landscape in an effort to rein in the population…

Read More

“Be prepared” – Recent Scouts Canada ruling provides new guidance to organizations that engage volunteers

BY Jacob Zelman

By Jacob E. Zelman Many organizations in Canada rely heavily on the efforts of volunteers to assist with the delivery of services they provide. The Ontario Superior Court of Justice…

Read More

Search Archive