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BILL 54

An Act Respecting the Operation of the Order Relating to COVID-19 under the Emergency Measures Act

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

Effect of revocation of order under the Emergency Measures Act

1( 1) For greater certainty, the order made, renewed and revised under sections 12 and 12.1 of the Emergency Measures Act and in effect during the state of emergency that was declared in respect of the Province on March 19, 2020, is revoked

aon the date the state of emergency ends, or

bon the date the Minister of Justice and Public Safety revokes the order, if before the date in paragraph (a).

1( 2) Subject to section 2, the revocation in subsection (1) does not affect the previous operation of the order and

adoes not affect an immunity acquired under the order, and

bdoes not affect any offence for a violation of a provision of the order, or any penalty incurred in respect of the offence.

1( 3) An investigation, legal proceeding or remedy in respect of an offence, violation or penalty referred to in paragraph (2)(b) may be instituted, continued or enforced and any penalty may be imposed as if the order referred to in subsection (1) had not been revoked.

Calculation of limitation periods or time periods

2( 1) This section applies to a limitation period or a time period that expires on or before December 31, 2022.

2( 2) Subject to subsections (3) and (4), the period of suspension of the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish limitation periods for commencing any proceeding before a court, administrative tribunal or other decision-maker or that establish time periods for taking steps in any proceeding before a court, administrative tribunal or other decision-maker, from March 19, 2020, to September 18, 2020, inclusive, shall not be counted in a limitation period or time period that resumed running at the end of that period of suspension.

2( 3) The period of suspension of the operation of the provisions of Parts 3 and 4 of the Family Services Act and the regulations made under those Parts that establish limitation periods for commencing a proceeding or time periods for taking steps in a proceeding, from March 19, 2020, to December 18, 2020, inclusive, shall not be counted in calculating a limitation period or time period that resumed running at the end of that period of suspension.

2( 4) The period of suspension of the operation of the provisions of the Mechanics’ Lien Act and the regulations made under that Act that establish limitation periods for commencing a proceeding or time periods for taking steps in a proceeding, from March 19, 2020, to July 30, 2020, inclusive, shall not be counted in calculating a limitation period or time period that resumed running at the end of that period of suspension.

Commencement

3 If this Act receives Royal Assent on or after the date the order made, renewed and revised under sections 12 and 12.1 of the Emergency Measures Act and in effect during the state of emergency that was declared in respect of the Province on March 19, 2020, is revoked, this Act shall be deemed to have come into force immediately before that date.