BILL M 202 – 2006
APOLOGY ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1 In this Act:
"apology" means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the matter to which the words or actions relate;
"court" includes a tribunal and an arbitrator.
"proceeding" means a legal proceeding other than a criminal proceeding.
Effect of apology on liability
2 (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 in relation to that matter for the purposes of section 5 of the Limitation Act, and
(c) must not be taken into account in any determination of fault or liability in connection with that matter.
(2) Evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any proceeding and must not be referred to or disclosed to a court in any proceeding as evidence of the fault or liability of the person in connection with that matter.
Commencement
3 This Act comes into force on the date of Royal Assent.
Explanatory Note
This Bill provides that an apology may be made in relation to any civil matter without that apology being referred to in court or being held to constitute an admission of liability or a confirmation of a cause of action on behalf of the person making the apology.
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