The Limitations Act, 2002 came into effect on January 1, 2004. Print our Table of Limitation Periods and Transition Rules flow chart for your quick reference.
Click
here to print - Table of Limitation Periods
Last amendment: S.O. 2010, c. 16, Sched. 4, s.27
TVA | Updates
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STATUTE |
PROVISION |
SECTION(S) | LIMITATION PERIOD(S) |
Assignments
and Preferences Act |
Contestation
of claim |
26(2)
& 27(2) |
30
days & 10 days |
Bulk
Sales Act |
Set
aside sale in bulk |
19 |
6
months |
Business
Corporations Act |
Bar
right to examine books |
157(2) |
15
days |
Fix
value of shares |
185(18)
& (19) |
50
days & 20 days |
|
Security-takeover/issuer
bid |
188(9) |
30
days |
|
Fix
value-takeover/issuer |
188(13)
& (14) |
20
days & 20 days |
|
Fix
value- acquire securities |
189(5) |
90
days |
|
Business
Practices Act |
Rescission
for unfair practice |
4(5) |
6
months |
City
of Toronto Act, 2006 (see also Municipal Act) |
Action
for unpaid tax, penalty or interest |
270(4) |
4
years & 6 years |
Civil
Remedies Act, 2001 |
Forfeiture
of property; conspiracy proceeding |
3(5)
& 13(7) |
15
years & 15 years |
Commodity
Futures Act |
Proceedings
under Act |
60.4 |
6
years |
Community
Small Business Investment Funds Act, 1992 |
Rescind
purchase of share |
40(8)
|
180
days |
Action
other than rescission |
40(9) |
180
days or 3 years |
|
Construction
Lien Act |
Preserve
lien |
31 |
45
days |
Perfect
lien |
36 |
45
days |
|
Corporations
Act |
Shareholder
liability-decreased capital |
37(2) |
6
months & 2 years |
Creditors’
Relief Act, 2010 |
Object
to shefiff's distribution |
12(1) |
8
days |
Drainage
Act |
Damages
or injunctions |
111 |
2
years |
Education
Act |
Declaration
of board vacancy |
218(2) |
90
days |
Election
Act |
Contest
validity of election |
99(4) |
90
days |
Environmental
Bill of Rights, 1993 |
Contravention
causing harm |
102 |
2
years |
Environmental
Protection Act |
Proposal
for payment-spill |
108(1) |
20
days |
Estates
Act |
Allow
contested claim |
44(2)
& 45(2) |
30
days |
Claim
barred by Trustee Act |
47 |
3
months |
|
Estates
Administration Act |
Order
to distribute estate |
17(5) |
3
years |
Expropriations
Act |
Quash
or set aside proceeding |
43 |
30
days |
Family
Law Act |
Equalization
net family property |
7(3) |
2
years, 6 years, 6 mos |
Fines
and Forfeitures Act |
Interest
in forfeited personal property |
6(2) |
60
days |
Forestry
Workers Lien for Wages Act |
Enforce
lien |
8(1) |
30
days |
Distribution
after lien payment |
26(1) |
30
days |
|
Fuel
Tax Act |
Right
to possession of fuel |
8(13) |
30
days |
Gasoline
Tax Act |
Right
to possession of fuel |
5(13) |
30
Days |
Income
Tax Act |
Directors’
liability |
38 |
2
years |
Insurance
Act |
Claim
for fire insurance |
148
(con. 14) |
1
year |
Damage
to automobile |
259.1 |
1
year |
|
Accident
benefits dispute |
281.1 |
2
years |
|
Libel
and Slander Act |
Libel
in newspaper or broadcast |
6 |
3
months |
Liquor
Licence Act |
Right
to possess seized liquor |
44.1(4) |
30
days |
Mortgages
Act |
Building
mortgage |
21(2) |
1
year |
Tenant’s
right to re-occupy |
54(2) |
210
days |
|
Municipal
Act, 2001 and [City of Toronto Act, 2006] |
Quash
by-law (not debenture by-law) |
273(5)
[214(4)] |
1
year |
Proceeds
of sale-payment |
380(4)
[351(4)] |
1
year |
|
Quash
debenture by-law |
415(2)
[250(2)] |
3
months |
|
Municipal
Conflict of Interest Act |
Contravention
of disclosure duty etc. |
9(1)
& (3) |
6
weeks & 6 years |
Municipal
Elections Act, 1996 |
Recounts
– clerk & judicial |
58(2)
& 63(1) |
30
days & 15 days |
Extend
time to file financial statement |
80(6) |
91
days |
|
Validity
of election |
83(2) |
90
days |
|
Ontario
Home Ownership Savings Plan Act |
Enforce
provisions of Act |
18 |
6
years |
Personal
Property Security Act |
Entitlement
to compensation; Set aside compensation decision |
44(13)
& (14) |
90
days & 30 days |
Prohibiting
Profit from Recounting Crimes Act, 2002 |
Payment
& forfeiture; Pay into Court or preserve property |
4(5)
& 6(6) |
15
years & 15 years |
Public
Lands Act |
Compensation
for deficiency of land |
34(3) |
5
years |
Reciprocal
Enforcement of Judgments Act |
Registration
of judgment |
2(1) |
6
years |
Reciprocal
Enforcement of Judgments (U.K.) Act |
Registration
of judgment |
Sch:
art 3, p1, |
6
years |
Securities
Act |
Enforcement
proceedings |
129.1 |
6
years |
Civil
proceedings-rescission |
136(5)
& 138 |
90
days & 180 days |
|
Civil
proceedings-other than rescission |
138 |
180
days or 3 years |
|
Misrepresentation,
failure to disclose |
138.14 |
6
months and 3 years |
|
Succession
Law Reform Act |
Order
for support of dependants |
61 |
6
months |
Taxation
Act, 2007 |
Director’s
liability to withhold tax |
139 |
2
years |
Tile
Drainage Act |
Quash
by-law |
2(3) |
4
weeks |
Tobacco
Damages and Health Care Costs Recovery Act, 2009 |
Action
for tobacco related wrong |
6(1) |
2
years |
Tobacco
Tax Act |
Right
to possession of tobacco |
6(10)
& 24(5) |
30
days & 30 days |
Trustee
Act |
Actions
by or against deceased’s estate |
38(3) |
2
years |
The table lists the statutes in the Schedule to the Limitations Act, 2002, and the corresponding limitation periods. This table is intended as a guideline only. The statutory provisions listed must be consulted.
No Limitation Periods
There are no limitation periods in respect of the following proceedings:
TOPIC |
DESCRIPTION |
SECTION |
Arbitration |
Enforcement
of an arbitration award under the Arbitrations Act, 1991 |
16(1)(d) |
Civil
Remedies |
Forfeiture
order under s. 8 (property) or 11.2 (vehicle) of the Civil Remedies
Act, 2001 |
16(1)(e) |
Collateral |
Debtor/creditor
in possession of collateral to redeem/realize it |
16(1)(f),
(g) |
Court
order |
Enforcement
of a court order |
16(1)(b) |
Crown |
Recovery
of money owing to the Crown re. fines, taxes, penalties and
interest |
16(1)(i),
(j) (2) and (3) |
Declaration |
Declaration,
if not seeking consequential relief |
16(1)(a) |
Disability |
See
Crown above re. Ontario Disability Support Program Act, 1997 |
16(1)(j)(ii)
and (2) |
Economic
Development |
See
Crown above re. economic development loans |
16(1)(j),
(2) and (3) |
Environmental |
Undiscovered
environmental claims |
17 |
Health
Programs |
See
Social Assistance below |
16(1)(j),
(2) and (3) |
Medical
Resident Loans |
Recovery
of money owing re. loans, awards or grants under the Ministry
of Training, Colleges and Universities Act, the Canada Student
Financial Assistance Act or the Canada Student Loans Act |
16(1)(k) |
Sexual
Assault |
Only
applies to specific categories of sexual assaults |
16(1)(h) |
Social
Assistance |
See
Crown above re. reimbursement of money paid re. social, health
or economic programs or policies as a result of fraud, misrepresentation,
error or inadvertence |
16(1)(j),
(2) and (3) |
Student
Loans |
See
Medical Resident Loans above |
16(1)(k)
and (3) |
Support |
Obtaining
or enforcing support under the FLA or domestic contract |
16(1)(c) |
Welfare |
See
Crown above re. Ontario Works Act, 1997 |
16(1)(j)(ii),
(2) and (3) |