Apology Act

Consolidated act

Citation: S.N.W.T. 2013, c.14
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites

s.2 Limitation of Actions Act

Cited by

None.

Contents

1. Definitions 2. Effect of apology on liability 3. No effect on

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Definitions

In this Act,

"action" means a civil proceeding, an administrative proceeding or an arbitration or any other quasi-judicial proceeding; (action)

"apology" means an expression of sympathy or regret, a statement that one is sorry or any other words or acts indicating contrition or commiseration, whether or not the words or acts admit or imply an admission of fault in connection with the matter to which the words or actions relate; (excuses)

"offence" means any criminal or statutory offence, and includes the contravention of a municipal bylaw. (infraction)

Effect of apology on liability

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

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

(b) does not constitute a confirmation of a cause of action or acknowledgment of a claim in relation to that matter for the purposes of the Limitation of Actions Act;

(c) does not, notwithstanding any wording to the contrary in any contract of indemnity or insurance and notwithstanding any other enactment or law, void, impair or otherwise affect any indemnity or insurance coverage that is available, or that would, but for the apology, be available, to the person in connection with that matter; and

(d) may not be taken into account in determining fault or liability in connection with that matter.

Evidence of apology not admissible

(2) Notwithstanding any other enactment or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any action as evidence of the fault or liability of the person in connection with that matter.

No effect on

Nothing in this Act affects

(a) the admissibility of any evidence in the prosecution of an offence; or

(b) the use that may be made in any legal proceeding of a conviction for an offence.