5.2 Occupiers
(a) "convicted" has the same m eaning as in section 12(5) of the
Occupiers' Liability Act;
(b) "criminal trespasser" has t he same meaning as in section
12(4) of the Occupiers' Liability Act;
(c) "occupier" means an occupier as defined in the Occupiers'
Liability Act;
(d) "premises" means premises as defined in the Occupiers'
Liability Act.
(2) In respect of a claim by a criminal trespasser against an
occupier for damages for death of or injury to the criminal
trespasser on the occupier's premises, the operation of the
limitation periods provided by this Act is suspended during the
period of time commencing when the conduct giving rise to the
claim occurred and concluding when the occupier is convicted of
an offence in relation to the conduct under the Criminal Code
(Canada) that is prosecuted by indictment.
RSA 2000
(3) The claimant has the burden of proving that the operation of
the limitation periods provided by this Act was suspended under
this section.
(4) This section applies to a proceeding in which a claimant seeks
a remedial order in relation to a claim that arises on or after January
1, 2018, irrespective of whether the proceeding is commenced
before or after the coming into force of this section.
2019 c23 s1