Apology Act, 2009, S.O. 2009, c. 3, Apology Act, 2009
Apology Act, 2009
S.O. 2009, CHAPTER 3
Consolidation Period: From April 23, 2009 to the .
No Amendments.
Definition
鈥渁pology鈥 means an expression of sympathy or regret, a statement that a person is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit fault or liability or imply an admission of fault or liability in connection with the matter to which the words or actions relate. 2009, c.聽3, s.聽1.
Effect of apology on liability
An apology made by or on behalf of a person in connection with any matter,
(a) does not, in law, constitute an express or implied admission of fault or liability by the person in connection with that matter;
(b) does not, despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with that matter; and
(c) shall not be taken into account in any determination of fault or liability in connection with that matter. 2009, c.聽3, s.聽2聽(1).
Exception
Clauses (1) (a) and (c) do not apply for the purposes of proceedings under the Provincial Offences Act. 2009, c.聽3, s.聽2聽(2).
Evidence of apology not admissible
Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with that matter. 2009, c.聽3, s.聽2聽(3).
Exception
However, if a person makes an apology while testifying at a civil proceeding, including while testifying at an out of court examination in the context of the civil proceeding, at an administrative proceeding or at an arbitration, this section does not apply to the apology for the purposes of that proceeding or arbitration. 2009, c.聽3, s.聽2聽(4).
Criminal or provincial offence proceeding or conviction
(a) the admissibility of any evidence in,
(i) a criminal proceeding, including a prosecution for perjury, or
(ii) a proceeding under the Provincial Offences Act; or
(b) the use that may be made in the proceedings referred to in subsection 2 (3) of a conviction for a criminal or provincial offence. 2009, c.聽3, s.聽3.
Acknowledgment, Limitations Act, 2002
For the purposes of section 13 of the Limitations Act, 2002, nothing in this Act,
(a) affects whether an apology constitutes an acknowledgment of liability; or
(b) prevents an apology from being admitted in evidence. 2009, c.聽3, s.聽4.
Omitted (provides for coming into force of provisions of this Act). 2009, c.聽3, s.聽5.