Apology Act (Ontario) Doesn’t Apply to Tickets/Accidents etc. Sorry!
Posted by Admin in New LawsUpdate:
On March 11/09 the Ont. Gov’t passed Bill 108 the Apology Act, 2009 (excludes Provincial Offences Act offences).
Ontario has followed three (3) other Provinces in Canada (British Columbia, Saskatchewan and Manitoba) and other countries, who have introduced “apology protection laws”, by passing Bill 108 Apology Act 2009, to protect those apologizing (namely doctors, nurses and other health care practitioners) to the people who have been harmed (or their families) without fear of having their insurance policies declared “null & void” by the insurance company. Normally anyone that says sorry, apologizes or demonstrates an expression of sympathy or regret, is held responsible and liable. Now any form of apology expressed cannot be used against the person in a Court proceeding later on.
Unfortunately, Bill 108 the Apology Act, 2009 has restrictions and exceptions built into the legislation. See excerpts from Ontario’s Apology Act:
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definition
1. In this Act,
“apology” 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.
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, 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.
Exception
(2) Clauses (1) (a) and (c) do not apply for the purposes of proceedings under the Provincial Offences Act .
Criminal or provincial offence proceeding or conviction
3. Nothing in this Act affects,
(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.
This means that this law does not extend to or apply to prosecutions under the Provincial Offences Act, which means that Ontario’s Apology Act is not as broad as similar legislation found in the other three (3) Provinces of British Columbia, Saskatchewan and Manitoba. There is no apology protection which applies to provincial prosecutions and any expression of sympathy or regret (or a sorry or an apology) will be used to assess fault in any prosecution pursuant to the Provincial Offences Act.
The Criminal Code is Federal Legislation and the Canada Evidence Act is always utilized in these prosecutions. Bill 108 the Apology Act, 2009 would not apply to criminal charges or criminal prosecutions.
Lawyers always tell their clients not to acknowledge fault or apologize if they are involved in a motor vehicle accident. The minute you say “sorry” or “I apologize” you are admitting culpability or accepting fault or blame for the incident and therefore you become liable for any damages that may arise as a result of the incident. This will still exist as good advice, given that Ontario’s Apology Act will not apply to charges under the Highway Traffic Act, which is governed by the Ontario Provincial Offences Act, and the Provincial Offences Act is specifically excluded from the Apology Act. If you say “sorry” or “I apologize” or offer to compensate someone, there is an irresistible inference that you are liable and accept blame or fault for the incident and therefore you did it.
British Columbia passed an Apology Act Assented to on May 18, 2006. Saskatchewan passed similar legislation.
Saskatchewan added apology protection through the Evidence Amendment Act in May 2007. Manitoba’s Apology Act was Assented to on November 8, 2007. This is what the Saskatchewan Evidence Act now states:
Effect of Apology on Liability:
23.1(1) In this section, “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 event or occurrence to which the words or acts relate.
(2) An apology made by or on behalf of a person in connection with any event or
occurrence:
(a) does not constitute an express or implied admission of fault or liability by
the person in connection with that event or occurrence;
(b) does not constitute an acknowledgment of the existence of a claim in
relation to that event or occurrence for the purposes of section 11 of The
Limitations Act;
(c) notwithstanding any wording to the contrary in any contract of insurance
and notwithstanding any other Act or law, does not void, impair or otherwise
affect any insurance coverage that is available to the person or would be
available to the person in connection with that event or occurrence but for the
apology; and
(d) must not be taken into account in any determination of fault or liability
in connection with that event or occurrence.
(3) Notwithstanding any other Act or law, evidence of an apology made by or on
behalf of a person in connection with any event or occurrence is not admissible in
any action or matter in any court as evidence of the fault or liability of the person in
connection with that event or occurrence.
The Apology Act provides that an apology made in relation to a civil matter does not constitute an admission of fault or liability and would not be admissible in a civil proceeding. Health-care professionals, who are instructed by private insurance companies that their insurance policies are null and void, if they apologize to the people that they have caused harm to.
Legislative History of Bill 108, Apology Act, 2009
Current Status: This Act comes into force on the date of Royal Assent
| March 11, 2009 | Third Reading | Carried on Division | |
| March 10, 2009 | Third Reading | Debate | |
| March 02, 2009 | Ordered for Third Reading | ||
| March 02, 2009 | Reported as amended | ||
| February 26, 2009 | Consideration of a Bill | Standing Committee on Justice Policy | |
| October 23, 2008 | Ordered referred to Standing Committee | Standing Committee on Justice Policy | |
| October 23, 2008 | Second Reading | Carried on Division | |
| October 22, 2008 | Second Reading | Debate | |
| October 07, 2008 | First Reading | Carried |
Yukon, a Territory in Northwestern Canada, had prepared similar legislation a couple of years ago, but it was never passed. Other countries have enacted similar forms of apology legislation. The United States of America have had thirty five (35) States enact this type of legislation. In Australia (all six (6) States, the Northern Territory and the Australian Capital Territory) this legislation has been enacted. Apology legislation has also been implemented in the United Kingdom. Given the momentum of this form of legislation, it will continue to become law in Canada and abroad.
