The New Crown Liability and Proceedings Act

The Proceedings Against the Crown Act was repealed on July 1, 2019. It has been replaced with the Crown Liability and Proceedings Act, 2019 (“CLPA”).

Under section 11 of CLPA, claims are not permitted against the Crown in respect of legislative, policy, and regulatory decisions.

Section 17 of CLPA requires leave of the court before bringing a proceeding against the Crown in respect of a tort of misfeasance in public office or a tort based in bad faith when a Crown officer or employee is performing employment duties or functions.

Section 18 of CLPA provides for a 60 day notice requirement for claims for damages against the Crown. However, for claims relating to occupiers’ liability, there is a 10 day notice requirement. This is similar to the old Act.

Section 18(5) of CLPA indicates that the notice requirement does not apply to counterclaims, crossclaims, or claims by way of set-off.