Understanding Limitation Periods

Scope of the Manual

The online version of the Saskatchewan Limitations Manual contains an alphabetical list of all statutes with limitation periods, including the Limitations Act, S.S. 2004, c. L-16.1.  On each statute name listed, a link to the text of the statute as it appears on the Queen's Printer website allows the user to read the entire act or to search for the specific section within the statute.  The text of the Limitations Act, S.S. 2004, c. L-16.1 is reproduced in the manual for convenience.

The statutes listed in the Manual are Saskatchewan statutes only.  Included are statutes with limitation periods from the Revised Statutes of Saskatchewan, 1978 as amended and consolidated to May 1, 2005.  The Manual does not contain federal statutes such as the Criminal Code, the Income Tax Act, or the Copyright Act which also contain limitation periods.

Acts which have been passed but not yet proclaimed are included and highlighted in yellow for better identification.  Historical notes pertain to the last amendment of the section.  Not every subsection will be affected by the amendment.  Statutory provisions that are purely procedural or administrative were routinely excluded.

Case law annotations generally only consider Saskatchewan cases since 1978.  There may be cases from other Canadian jurisdictions or before 1978 that might be helpful that the user may wish to research independently.  All annotations pursuant to a statute appear below the name of the statute and its relevant section numbers.  Links to Saskatchewan or Supreme Court of Canada case law have been provided, wherever possible.

Applicability

The Limitations Act, S.S. 2004, c. l-16.1 applies to:

  • actions started by statement of claim
  • actions started by originating notice.

It does not apply to:

  • proceedings in the nature of "applications" found in several Saskatchewan statutes
  • appeals
  • judicial review
  • existing Aboriginal treaty rights
  • writs of habeas corpus
  • claims subject to a limitation period in another statute or regulation i.e. the "notwithstanding" clauses.
The above list is not exhaustive.
 

Not all time-sensitive issues are identified in the Manual.  Included are the following:

  • time periods extinguishing a substantive right;
  • time periods extinguishing an appeal;
  • important notice periods which substantially affect a client's rights;
  • time periods extinguishing prosecutions.

Exceptions to the two-year Limitation Period in section 5:

  • The Builders’ Lien Act, Section 19 - 1 year for action on the trust
  • The Cities Act, Sections 248 and 307 - 1 year to serve and file
  • The Credit Union Act, 1998, Section 369
  • The Dependants’ Relief Act, 1996, Section 4
  • The Energy and Mines Act, Section 7.1
  • The Environmental Management Protection Act, 2002, Section 156
  • The Family Property Act, Section 3.1 and 30
  • The Mineral Taxation Act, 1983, Section 22.1(2)
  • The New Generation Co-operatives Act, Section 327
  • The Northern Municipalities Act, Section 113(6), 254.1(2) and 267.1(1)
  • The Revenue and Financial Services Act, Sections 56(4) and 65.2
  • The Rural Municipality Act, 1989, Sections 402 and 404
  • The Saskatchewan Farm Security Act, Section 22 (action stayed during notice period)
  • The Securities Act, 1988, Sections 136 and 147
  • The Tax Enforcement Act, Section 22(3) and 35
  • The Trustee Act, Section 75
  • The Urban Municipality Act, 1984, Sections 297.2 and 314
  • The Wages Recovery Act, Section 22
  • The Woodmen’s Lien Act, Section 7

Statutes which are exempt from the application of discoverability pursuant to Section 6 of The Limitations Act:

  • The All Terrain Vehicles Act, Section 24
  • The Fatal Accidents Act, Section 12
  • The Snowmobile Act, Section 33

Acts which modify the presumption as to the date of discovery in Section 6(2) of The Limitations Act:

  • The Automobile Accident Insurance Act, Sections 111(2) and 198
  • The Business Corporations Act, Sections 113(7) and 125
  • The Community Bonds Act, Section 28(6)
  • The Community Cable Casters Act, Section 30(2)
  • The Companies Act, Section 40(5) and 129
  • The Credit Union Act, 1998, Section 115(8)
  • The Escheats Act, Section 6(2)
  • The Expropriation Procedure Act, Section 27(1)
  • The Fatal Accidents Act, Section 6(2)
  • The Highway Traffic Act, Section 88
  • The New Generation Co-operatives Act, Section 180(8)
  • The Partnership Act, Section 84(4)
  • The Personal Property Security Act, Section 52(3)
  • The Provincial Lands Act, Section 80
  • The Sales on Consignment Act, Section 17
  • The Saskatchewan Insurance Act, Section 210(2)
  • The Unconscionable Transactions Relief Act, Section 8

Important Notice Provisions

  • The Agricultural Implements Act, Section 10(6)
  • The Cities Act, Sections 305(2) and 306(6)
  • The Constitutional Questions Act, Section 8
  • The Highways and Transportation Act, 1997,Section 9(4)
  • The Land Contracts (Actions) Act, Section 3
  • The Northern Municipalities Act, Section 113(6)(b)
  • The Rural Municipality Act, 1989, Section 402
  • The Saskatchewan Farm Security Act, Section 12
  • The Urban Municipality Act, 1984, Section 314

Transitional Rules