Consulting Engineers of British Columbia Applaud Bill to Reduce Ultimate Limitation Period

June 16, 2011  -  At the CEBC Annual General Meeting on June 9th, MLA Ralph Sultan, P.Eng., (West Vancouver-Capilano) addressed the audience on his introduction of a bill to reduce the ultimate limitation period (ULP) for engineers and several other professions from the current 30 years to 10 years.  Further, the bill would require the limitation period to start at the time of the alleged act or omission, rather than the date of discovery.

While the growth of technology has accelerated over the years, British Columbia's civil liability laws have not kept pace with this growth. Several aspects of the BC Limitation Act are very onerous to engineers, and the ULP has been a long-standing key issue for CEBC.  Engineers can currently face civil litigation for work undertaken prior to 1981, more than 30 years ago.  In many cases, these professionals are retired or have passed away.  Retention of records for such a lengthy period, during which technology has undergone tremendous change, may be impossible.  These, and other factors, create many difficulties for claimants and defendants alike.

CEBC has led lobbying efforts for many years to reduce British Columbia’s ULP to 10 years.  Credit is due to the efforts of Neil Cumming, P.Eng. Levelton Consultants and CEBC President, 2003-2004.  In 2006, Neil gave a breakfast talk at the Empress Hotel in Victoria attended by MLA’s and the Premier, urging action on the ultimate limitation period applicable to engineering work.  He cited the deterrent impact of decades of huge liability imposed on younger persons contemplating entering private practice in the engineering profession, particularly in comparison with less onerous provisions imposed upon lawyers and doctors.  Practitioners, in effect, put their assets, their homes, and their businesses on the line, when they approve and “stamp” any engineering drawing.  Such liability survives the grave, being imposed upon their estates and their heirs.  Premier Gordon Campbell who was present at this milestone event, appeared to agree and strongly encouraged the engineers to advance their case. 

Ralph Sultan, P.Eng., had previously advocated for the engineers on this matter and had counselled them to form common cause with their counterparts in the architectural and chartered accounting professions, all of whom suffered from a similar 30-year period of liability.

Mr. Sultan's introduction of the bill to the Legislature on June 2nd, is another milestone.  It would bring BC into line with other provinces, including Ontario, Alberta and Saskatchewan, where the ULP is 10 or 15 years.  In addressing CEBC members at the AGM, Mr. Sultan noted that the ULP for medical practitioners is 6 years.  There are encouraging signs that this bill may become law, resulting in this long sought for change to the BC Limitation Act.  CEBC applauds the efforts of Mr. Sultan, P.Eng. to put this bill forward, and we urge the government to pass this legislation.

Text of the bill follows:

BILL M 214 — 2011
LIMITATION ACT
AMENDMENT ACT, 2011

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 8 (i) of the Limitation Act (RSBC 1996) c. 266 is amended by deleting the word "or" in paragraph (b) and adding the following:

(c) against a licensed professional engineer or geoscientist, or a professional architect, licensed accountant, or a licensed dentist based on professional negligence or malpractice, after the expiration of 10 years from the date on which the act or omission on which the claim is based took place, or.

Explanatory Note

This bill would create an ultimate limitation period with respect to the occupations of licensed professional engineer or geoscientist, professional architect, licensed dentist or a licensed accountant.

Bill M214, Limitation Act Amendment Act, 2011, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.