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Suspended Or Not? Limitation Periods In Employment Law – Coronavirus (COVID-19) – Canada – Mondaq News Alerts


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On March 30, 2020, Ministerial Order 27/2020 from the Minister
of Justice and Solicitor General suspended limitation periods and
periods of time within which any step must be taken in any
proceeding or intended proceeding, from March 17 to June 1, 2020,
due to COVID-19. However, this Ministerial Order and the associated
suspension of relevant timelines does not apply equally to all
labour and employment matters.

The Minister of Justice has authority to suspend the operation
of limitations periods on statutes within his portfolio (such as
the Provincial Court Act, Court of Queen’s Bench
Act
or Human Rights Act) but this authority does not
extend to statutes in the portfolio of other ministers (such as the
Labour Relations Code or Employment Standards
Code
).

Accordingly, limitations periods and periods of time within
which any step must be taken are suspended in:

  • civil claims (e.g. wrongful dismissal or constructive dismissal
    claims in the Provincial Court of Alberta or the Alberta Court of
    Queen’s Bench); and
  • human rights complaints before the Alberta Human Rights
    Commission.

Limitation periods are not currently suspended in any
legislation under the portfolio of the Minister of Labour and
Immigration, which include any matter or complaint before the:

  • Alberta Labour Relations Board,
  • Workers’ Compensation Board,
  • Employment Standards office, or
  • Alberta Occupational Health and Safety.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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