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Apology Act, 2009, S.O. 2009, c. 3 - Bill 108

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 108 and does not form part of the law.  Bill 108 has been enacted as Chapter 3 of the Statutes of Ontario, 2009.

The Bill provides that an apology made by or on behalf of a person in relation to any matter does not constitute an admission of fault or liability by the person, except for the purposes of a proceeding under the Provincial Offences Act, and does not affect the insurance coverage available to any person in relation to that matter.

The Bill also provides that an apology is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in relation to that matter. However, if a person apologizes while testifying at a civil proceeding, administrative proceeding or arbitration, this provision of the Bill does not apply for the purposes of that proceeding or arbitration.

The Bill does not affect the admissibility of any evidence in a criminal proceeding or in a proceeding under the Provincial Offences Act, or the use that may be made of a conviction for a criminal or provincial offence.

 

Chapter 3

An Act respecting apologies

Assented to April 23, 2009

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

“apology” means an expression of sympathy or regret, a statement that a person is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit fault or liability or imply an admission of fault or liability in connection with the matter to which the words or actions relate.

Effect of apology on liability

2. (1) An apology made by or on behalf of a person in connection with any matter,

(a) does not, in law, constitute an express or implied admission of fault or liability by the person in connection with that matter;

(b) does not, despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with that matter; and

(c) shall not be taken into account in any determination of fault or liability in connection with that matter.

Exception

(2) Clauses (1) (a) and (c) do not apply for the purposes of proceedings under the Provincial Offences Act.

Evidence of apology not admissible

(3) Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with that matter.

Exception

(4) However, if a person makes an apology while testifying at a civil proceeding, including while testifying at an out of court examination in the context of the civil proceeding, at an administrative proceeding or at an arbitration, this section does not apply to the apology for the purposes of that proceeding or arbitration.

Criminal or provincial offence proceeding or conviction

3. Nothing in this Act affects,

(a) the admissibility of any evidence in,

(i) a criminal proceeding, including a prosecution for perjury, or

(ii) a proceeding under the Provincial Offences Act; or

(b) the use that may be made in the proceedings referred to in subsection 2 (3) of a conviction for a criminal or provincial offence.

Acknowledgment, Limitations Act, 2002

4. For the purposes of section 13 of the Limitations Act, 2002, nothing in this Act,

(a) affects whether an apology constitutes an acknowledgment of liability; or

(b) prevents an apology from being admitted in evidence.

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The short title of this Act is the Apology Act, 2009.