Proceedings Against the Crown Act, 2019, P-27.01

1 PROCEEDINGS AGAINST THE CROWN, 2019 c P-27.01 The Proceedings Against the Crown Act, 2019 being Chapter P‑27.01 of the Statutes of Saskatchewan, 2019 (effective May 15, 2019) as amended by the Statutes of Saskatchewan, 2023, c 28. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c P-27.01 PROCEEDINGS AGAINST THE CROWN, 2019 Table of Contents PART 1 16 Rights of parties and authority of court Preliminary Matters 17 Injunctions 1 Short title 18 Recovery of property 2 Interpretation 19 Set‑off and counterclaim 3 Application 20 No judgment by default against Crown without leave PART 2 PART 4 Substantive Law Judgments and Execution 4 Right to sue the Crown 21 Interest on judgments 5 Liability of the Crown in tort 22 Certificate respecting orders against the Crown 6 Application of law as to indemnity and contribution PART 5 7 Retrospective effect Miscellaneous and Supplemental 8 Right to sue without statutory consent 23 Right of Crown to take advantage of certain statutory provisions PART 3 Jurisdiction and Procedure 24 Financial provisions 9 Proceedings in the Court of King’s Bench 25 Common law petition of right abolished 10 Appeals and stays of enforcement or proceedings PART 6 Repeal, Consequential Amendments 11 Application of rules as to discovery, and Coming into Force inspection of documents, etc. 12 Designation of the Crown in proceedings 26 RSS 1978, c P‑27 repealed 13 Service on the Crown 27 SS 1997, c A‑18.011, section 5 amended 14 Trials 28 SS 2016, c S‑50.12, section 18 amended 15 Interpleader 29 Coming into force 3 PROCEEDINGS AGAINST THE CROWN, 2019 c P-27.01 CHAPTER P-27.01 An Act respecting Proceedings Against the Crown and making consequential amendments to other Acts PART 1 Preliminary Matters Short title 1 This Act may be cited as The Proceedings Against the Crown Act, 2019. Interpretation 2 In this Act: “agent”, if used in relation to the Crown, includes an independent contractor employed by the Crown; (« mandataire ») “Crown” means the Crown in right of Saskatchewan; (« Couronne ») “officer”, in relation to the Crown, includes a minister of the Crown and a servant of the Crown; (« officiel ») “order” includes judgment, decree, rule, award and declaration; (« ordonnance ») “person” does not include the Crown; (« personne ») “proceedings against the Crown” includes a claim by way of set‑off or counterclaim raised in proceedings by the Crown, and interpleader proceedings to which the Crown is a party; (« poursuite contre la Couronne ») “rules of court” means The Court of Appeal Rules or The King’s Bench Rules . (« règles de procédure ») 2019, c P‑27.01, s 2; 2023, c 28, s 17‑10. Application 3(1) This Act is subject to The Workers’ Compensation Act, 2013 and does not apply to: (a) proceedings against the Registrar of Titles pursuant to The Land Titles Act, 2000; (b) proceedings authorized by or arising out of The Income Tax Act, 2000; or (c) proceedings to which the Federal Courts Act (Canada) relates. 4 c P-27.01 PROCEEDINGS AGAINST THE CROWN, 2019 (2) Except as otherwise provided in this Act, nothing in this Act: (a) subjects the Crown to greater liability with respect to the acts or omissions of an independent contractor employed by the Crown than that to which the Crown would be subject with respect to those acts or omissions if it were a private person; (b) subjects the Crown, in its capacity as a highway authority, to any greater liability than that to which a municipal corporation is subject in that capacity; (c) affects any right of the Crown to intervene in proceedings affecting its rights, property or profits; (d) subjects the Crown to proceedings pursuant to this Act with respect to a cause of action that is enforceable against a corporation or other agency owned or controlled by the Crown; or (e) subjects the Crown to proceedings pursuant to this Act with respect to anything done in the due enforcement of the criminal law or the penal provisions of an Act. 2019, c P‑27.01, s 3. PART 2 Substantive Law Right to sue the Crown 4 Subject to this Act, a claim against the Crown that, if this Act had not been passed, might be enforced by petition of right, subject to the grant of a fiat by the Lieutenant Governor, may be enforced as of right by proceedings against the Crown in accordance with this Act, without the grant of a fiat by the Lieutenant Governor. 2019, c P‑27.01, s 4. Liability of the Crown in tort 5(1) Subject to this Act, the Crown is subject to all those liabilities in tort to which, if it were a person of full age and capacity, it would be subject: (a) with respect to a tort committed by any of its officers or agents; (b) with respect to any breach of those duties that a person owes to that person’s servants or agents by reason of being their employer; (c) with respect to any breach of the duties attaching to the ownership, occupation, possession or control of property; and (d) pursuant to any Act, or pursuant to any regulation or bylaw made or passed pursuant to the authority of any Act. (2) No proceedings lie against the Crown pursuant to clause (1)(a) with respect to any act or omission of an officer or agent of the Crown unless the act or omission would, apart from this Act, have given rise to a cause of action in tort against that officer or agent or that officer’s or agent’s personal representative. 5 PROCEEDINGS AGAINST THE CROWN, 2019 c P-27.01 (3) If a function is conferred or imposed on an officer of the Crown, either by a rule of the common law or by statute, and that officer commits a tort in the course of performing or purporting to perform that function, the liability of the Crown with respect to the tort is the same as it would have been if that function had been conferred or imposed solely by virtue of instructions lawfully given by the Crown. (4) An enactment that negatives or limits the amount of the liability of an officer of the Crown with respect to a tort committed by that officer, in the case of proceedings against the Crown pursuant to this section with respect to a tort committed by that officer, applies in relation to the Crown as it would have applied in relation to that officer if the proceedings against the Crown had been proceedings against that officer. (5) If property vests in the Crown by virtue of a rule of law that operates independently of the acts or the intentions of the Crown, the Crown is not, by virtue of this Act, subject to liability in tort by reason only of the property being so vested. (6) Subsection (5) is without prejudice to the liability of the Crown pursuant to this Act with respect to any period after the Crown, or a person acting for the Crown, has in fact taken possession or control of the property or entered into occupation of the property. (7) No proceedings lie against the Crown pursuant to this section with respect to anything done or omitted to be done by a person while discharging or purporting to discharge: (a) responsibilities of a judicial nature vested in that person; or (b) responsibilities that the person has in connection with the execution of judicial process. (8) No action lies against the Crown pursuant to this Act with respect to anything done or omitted to be done pursuant to a power or authority supposedly granted by an Act or statutory provision by reason of the Act or statutory provision being beyond the jurisdiction of the Legislature. (9) No action lies against a person for anything done or omitted to be done pursuant to the supposed authority of any Act or statutory provision beyond the jurisdiction of the Legislature, or pursuant to any regulation, proclamation, or order in council beyond the jurisdiction of the Lieutenant Governor in Council, if an action would not lie against that person if the Act, statutory provision, regulation, proclamation, or order in council had been within the jurisdiction of the enacting body. (10) Nothing in subsection (8) or (9) prevents an action for the recovery of money paid pursuant to an Act or statutory provision that is beyond the jurisdiction of the Legislature. 2019, c P‑27.01, s 5. Application of law as to indemnity and contribution 6 The law relating to indemnity and contribution is enforceable by and against the Crown with respect to any liability to which it is subject, as if the Crown were a person of full age and capacity. 2019, c P‑27.01, s 6. 6 c P-27.01 PROCEEDINGS AGAINST THE CROWN, 2019 Retrospective effect 7 Subject to the appropriate provisions of the law relating to the limitation of time for bringing proceedings, the provisions of this Act are deemed to have always been in force and effect. 2019, c P‑27.01, s 7. Right to sue without statutory consent 8 Subject to this Act, a claim against an officer of the Crown or a corporation owned or controlled by the Crown that, if this Act had not been passed, might be enforced subject to the consent of an officer of the Crown may be enforced as of right without that consent. 2019, c P‑27.01, s 8. PART 3 Jurisdiction and Procedure Proceedings in the Court of King’s Bench 9 Subject to this Act, all proceedings against the Crown in the Court of King’s Bench must be instituted and proceeded with in accordance with The King’s Bench Act. 2023, ch 28, art.17‑10. Appeals and stays of enforcement or proceedings 10 Subject to this Act, all enactments and rules of court relating to appeals and to stays of enforcement or proceedings apply, with any necessary modification, to proceedings against the Crown. 2019, c P‑27.01, s 10. Application of rules as to discovery, inspection of documents, etc. 11 In proceedings against the Crown, the rules of the court in which the proceedings are pending as to discovery and inspection of documents and questioning apply in the same manner as if the Crown were a corporation, except that: (a) the Crown may refuse to produce a document or to answer a question on the ground that the production or answer would be injurious to the public interest; and (b) the person who attends questioning shall be an individual designated by the Deputy Attorney General. 2019, c P‑27.01, s 11. Designation of the Crown in proceedings 12 In proceedings pursuant to this Act, the Crown shall be designated “The Government of Saskatchewan”. 2019, c P‑27.01, s 12. 7 PROCEEDINGS AGAINST THE CROWN, 2019 c P-27.01 Service on the Crown 13 A document to be served on the Crown must be served by leaving a copy with the Attorney General, the Deputy Attorney General or any barrister and solicitor employed in the Ministry of Justice and designated by the Attorney General for the purpose of this section. 2019, c P‑27.01, s 13. Trials 14 Notwithstanding The Jury Act, 1998, in proceedings against the Crown, the trial must be without a jury. 2019, c P‑27.01, s 14. Interpleader 15(1) The Crown may obtain relief by way of interpleader proceedings, and may be made a party to interpleader proceedings in the same manner as a person may, notwithstanding that the application for relief is made by a sheriff or bailiff or other similar officer. (2) Subject to this Act, the provisions relating to interpleader proceedings pursuant to The King’s Bench Act apply to the Crown. 2019, c P‑27.01, s 15; 2023, c 28, s 17‑10. Rights of parties and authority of court 16 Subject to this Act, in proceedings against the Crown, the rights of the parties are as nearly as possible the same as in a suit between persons, and the court may: (a) make any order, including an order as to costs, that it may make in proceedings between persons; and (b) give other appropriate relief as the case may require. 2019, c P‑27.01, s 16. Injunctions 17(1) If, in proceedings against the Crown, any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, the court shall not, as against the Crown, grant an injunction or make an order for specific performance, but may instead make a declaratory order of the rights of the parties. (2) The court shall not in any proceedings grant an injunction or make an order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown that could not have been obtained in proceedings against the Crown, but may instead make a declaratory order of the rights of the parties. 2019, c P‑27.01, s 17. 8 c P-27.01 PROCEEDINGS AGAINST THE CROWN, 2019 Recovery of property 18 In proceedings against the Crown in which the recovery of land or other property is claimed, the court shall not make an order for the recovery of the land or the delivery of the property, but may instead make an order declaring that the claimant is entitled, as against the Crown, to the land or property or to the possession of the land or property. 2019, c P‑27.01, s 18. Set-off and counterclaim 19(1) No person may assert a set‑off or counterclaim: (a) in proceedings by the Crown for the recovery of taxes, duties or penalties; or (b) in proceedings of any other nature by the Crown, if the set‑off or counterclaim arises out of a right or claim to repayment with respect to any taxes, duties or penalties. (2) No person may, without leave of the court, assert a set‑off or counterclaim in proceedings by the Crown unless the subject‑matter of either the set‑off or the counterclaim relates to a matter under the administration of the particular government ministry with respect to which the proceedings are brought by the Crown. 2019, c P‑27.01, s 19. No judgment by default against Crown without leave 20 In a proceeding against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without the leave of the court to be obtained on motion of which notice has been given to the Crown. 2019, c P‑27.01, s 20. PART 4 Judgments and Execution Interest on judgments 21 A judgment debt due to or from the Crown bears interest in the same way as a judgment debt due from one person to another. 2019, c P‑27.01, s 21. Certificate respecting orders against the Crown 22(1) Subject to this Act, if in proceedings against the Crown an order for costs or any other order is made by a court against the Crown, the proper officer of the court shall issue a certificate respecting the order for costs or other order if an application is made. 9 PROCEEDINGS AGAINST THE CROWN, 2019 c P-27.01 (2) If the court so directs, a separate certificate shall be issued with respect to the costs, if any, ordered to be paid to the applicant. (3) A certificate issued pursuant to this section may be served on the person for the time being named in the record as the solicitor, or as the person acting as solicitor, for the Crown. (4) If the order provides for the payment of money by way of damages or otherwise, or of costs, the certificate must state the amount payable. (5) The Minister of Finance shall, subject to subsection (6) and on the expiry of the time limit for the exercise of a right of appeal, pay out of the general revenue fund to the person entitled, or to that person’s order, the amount appearing by the certificate to be due together with the interest, if any, lawfully due on that amount. (6) Unless otherwise ordered by the court or a judge of the court in which an order may be appealed, the service and filing of an application for leave to appeal or a notice of appeal suspends the Crown’s obligation to make payment pending the disposition of the application or appeal. (7) No execution, seizure or attachment or process in the nature of execution, seizure or attachment shall be issued out of any court for enforcing payment by the Crown of money or costs. 2019, c P‑27.01, s 22. PART 5 Miscellaneous and Supplemental Right of Crown to take advantage of certain statutory provisions 23 In proceedings against the Crown, an Act that could, if the proceedings were between persons, be relied on by the defendant as a defence to the proceedings, in whole or in part, may, subject to any express provision to the contrary, be relied on by the Crown. 2019, c P‑27.01, s 23. Financial provisions 24 Expenditures incurred by or on behalf of the Crown pursuant to this Act must be defrayed out of the general revenue fund. 2019, c P‑27.01, s 24. Common law petition of right abolished 25 Proceedings against the Crown by way of petition of right at common law are abolished. 2019, c P‑27.01, s 25. 10 c P-27.01 PROCEEDINGS AGAINST THE CROWN, 2019 PART 6 Repeal, Consequential Amendments and Coming into Force RSS 1978, c P-27 repealed 26 The Proceedings against the Crown Act is repealed. 2019, c P‑27.01, s 26. SS 1997, c A-18.011, section 5 amended 27 Clause 5(c) of The Alcohol and Gaming Regulation Act, 1997 is amended by striking out “The Proceedings against the Crown Act” and substituting “The Proceedings Against the Crown Act, 2019 ”. 2019, c P‑27.01, s 27. SS 2016, c S-50.12, section 18 amended 28 Subclause 18(4)(f)(ii) of The Small Claims Act, 2016 is amended by striking out “section 15 of The Proceedings against the Crown Act ” and substituting “section 13 of The Proceedings Against the Crown Act, 2019 ”. 2019, c P‑27.01, s 28. Coming into force 29 This Act comes into force on assent. 2019, c P‑27.01, s 29. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2019