5th Session, 42nd Legislature
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Bill 41
THE OCCUPIERS' LIABILITY AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Occupiers' Liability Act is amended by this Act.
2 The following is added after section 5:
Notice of action — injury from snow or ice
5.1(1) Unless notice of a claim is given in accordance with this section, an action or a proceeding must not be brought for damages for personal injury caused to a person on premises by snow or ice against
(a) an occupier of the premises; or
(b) an independent contractor engaged by an occupier to remove snow or ice on the premises during the period in which the injury occurred.
5.1(2) Notice under subsection (1) must be given
(a) within 60 days after the occurrence of the injury;
(b) in writing and include the date, time and location of the occurrence of the injury; and
(c) to a person described in clause (1)(a) or (b).
Occupier to give copy of notice
5.1(3) The occupier who receives notice under this section must give a copy of the notice to
(a) any occupier of the premises during the period in which the injury occurred; and
(b) any independent contractor engaged by an occupier of the premises to remove snow or ice on the premises during the period in which the injury occurred.
Contractor to give copy of notice
5.1(4) The independent contractor engaged by an occupier to remove snow or ice on the premises that receives notice under this section must give a copy of the notice to the occupier that engaged the independent contractor.
5.1(5) Failure to give notice of a claim in accordance with subsection (1) bars the action or proceeding unless
(a) the claimant has a reasonable excuse for the lack of notice and the defendant or defendants are not prejudiced by the lack of notice;
(b) the claim relates to the death of a person as the result of the injury; or
(c) the defendant or defendants waive the notice requirement.
Notice effective against all persons
5.1(6) The limitation on bringing the action or proceeding set out in subsection (1) does not apply if notice is given in accordance with this section even if the action or proceeding is to be brought against a person who did not originally receive the notice.
5.1(7) The notice under this section must be given by
(a) personal service; or
(b) registered mail addressed to the person at their last known address.
3 Subsection 8(2) is amended, in the part before clause (a), by striking out "Sections 3, 4, 5 and 6" and substituting "Sections 3 to 6".
4 Subsection 9(1) is amended by striking out "Sections 3, 4, 5 and 6" and substituting "Sections 3 to 6".
5 This Act does not apply to a claim for a personal injury that occurred before the coming into force of this section.
6 This Act comes into force on a day to be fixed by proclamation.