Parliament lengthened the six-months limitation period in 2013. However, this provision is still not in force.

DND ignores law enacted two years ago?

Bill C-15 enacted in June 2013 increased the period of limitation under section 269 of the National Defence Act [NDA] from SIX MONTHS to TWO YEARS.  A number which is consistent with provincial legislation (It is three years in Quebec).  Clearly, a six-month period is insufficient amount of time for an individual to make a decision about whether or not to initiate legal proceedings against the Crown.  Considering the costs, stress and perhaps the time it takes to recover from injury or damage that an individual has suffered, one can only wonder as to why this legislative change has yet to be implemented by DND.

Until section 269 of the NDA is implemented, the Crown can and does invoke the six-month limitation period as a defence against vicarious liability for public acts done in the pursuance of the actual goals and responsibilities created under the NDA.  For instances, jurisprudence in two sexual assaults cases that took place on a DND establishment in  Scaglione v. McLean [19989] O.J. No 800, (Ontario General Division and Zimpelmann v. Canada [2001\ BCJ No 618 (BCSC) are still valid today.

Parliament has spoken already.  It is now high time for DND to act according the enacted legislation.

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