Canada Record Retention Summary · Governed Records / Actions Retention Trigger On Board Trains...

17
Jurisdiction Citation URL Governed Institution Governed Records / Actions Retention Trigger On Board Trains Occupational Health and Safety Regulations, SOR/87- 184 s 7.5 http://www.canlii.org/en/ca/l aws/regu/sor-87- 184/latest/sor-87- 184.html?searchUrlHash=AAA AAQAScmVjb3JkcyAiMzAgeW VhcnMiAAAAAAE&resultIndex =4 employees on trains reports of employee exposure investigation of maintenance of health and safety records and records of exposure to hazardous substances; record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place; 30 after the date of the report may either keep and maintain a record in each work place or keep and maintain in one work place a centralized record in respect of several work places http://www.canlii.org/en/ca/l aws/regu/crc-c-368/latest/crc- c- 368.html?searchUrlHash=AAA AAQAScmVjb3JkcyAiMzAgeW VhcnMiAAAAAAE&resultIndex =5 bankrupts http://www.canlii.org/en/ca/l aws/regu/sor-2011- 87/latest/sor-2011- 87.html?searchUrlHash=AAAA AQAScmVjb3JkcyAiMzAgeWV hcnMiAAAAAAE&resultIndex= 7 employees employed on board aircraft http://www.canlii.org/en/ca/l aws/regu/sor-2007- 86/92748/sor-2007- 86.html?searchUrlHash=AAAA AQAScmVjb3JkcyAiMzAgeWV hcnMiAAAAAAE&resultIndex= 9 pollution from ships Canada Record Retention Summary

Transcript of Canada Record Retention Summary · Governed Records / Actions Retention Trigger On Board Trains...

Page 1: Canada Record Retention Summary · Governed Records / Actions Retention Trigger On Board Trains Occupational Health and Safety Regulations, SOR/87-184 s 7.5 ... AAQAScmVjb3JkcyAiMzAgeW

Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

On Board Trains

Occupational Health and

Safety Regulations, SOR/87-

184 s 7.5

http://www.canlii.org/en/ca/l

aws/regu/sor-87-

184/latest/sor-87-

184.html?searchUrlHash=AAA

AAQAScmVjb3JkcyAiMzAgeW

VhcnMiAAAAAAE&resultIndex

=4

employees on trains reports of employee exposure

investigation of maintenance of

health and safety records and

records of exposure to hazardous

substances; record of all hazardous

substances that, in the work place,

are used, produced, handled, or

stored for use in the work place;

30 after the date of

the report

may either keep and

maintain a record in each

work place or keep and

maintain in one work

place a centralized record

in respect of several work

places

http://www.canlii.org/en/ca/l

aws/regu/crc-c-368/latest/crc-

c-

368.html?searchUrlHash=AAA

AAQAScmVjb3JkcyAiMzAgeW

VhcnMiAAAAAAE&resultIndex

=5

bankrupts

http://www.canlii.org/en/ca/l

aws/regu/sor-2011-

87/latest/sor-2011-

87.html?searchUrlHash=AAAA

AQAScmVjb3JkcyAiMzAgeWV

hcnMiAAAAAAE&resultIndex=

7

employees

employed on board

aircraft

http://www.canlii.org/en/ca/l

aws/regu/sor-2007-

86/92748/sor-2007-

86.html?searchUrlHash=AAAA

AQAScmVjb3JkcyAiMzAgeWV

hcnMiAAAAAAE&resultIndex=

9

pollution from ships

Canada Record Retention Summary

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

http://www.canlii.org/en/ca/l

aws/regu/sor-2010-

120/latest/sor-2010-

120.html?searchUrlHash=AAA

AAQAScmVjb3JkcyAiMzAgeW

VhcnMiAAAAAAE&resultIndex

=13

employees

employed on

vessels

http://www.canlii.org/en/ca/l

aws/stat/sc-2015-c-4-s-

120/latest/sc-2015-c-4-s-

120.html?searchUrlHash=AAA

AAQAScmVjb3JkcyAiMzAgeW

VhcnMiAAAAAAE&resultIndex

=15

nuke LOA

http://www.canlii.org/en/ca/l

aws/regu/crc-c-

1038/latest/crc-c-

1038.html?searchUrlHash=AA

AAAQAScmVjb3JkcyAiMzAge

WVhcnMiAAAAAAE&resultInd

ex=18

vehicle

manufactures

Energy Safety and Security

Act, SC 2015, c 4nuke LOA MORE

http://www.canlii.org/en/ca/l

aws/regu/sor-2015-

44/latest/sor-2015-

44.html?searchUrlHash=AAAA

AQAScmVjb3JkcyAiMTAgeWV

hcnMiAAAAAAE&resultIndex=

24

security clearance

working with toxins

ET AL

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-c-

34/latest/rsc-1985-c-c-

34.html?searchUrlHash=AAAA

AQAScmVjb3JkcyAiMTAgeWV

hcnMiAAAAAAE&resultIndex=

50

anti-competitive

LOA

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-d-

1/latest/rsc-1985-c-d-

1.html?searchUrlHash=AAAAA

QAScmVjb3JkcyAiMTAgeWVhc

nMiAAAAAAE&resultIndex=57

A person who has

entered into a

defence contract

http://www.canlii.org/en/ca/l

aws/stat/sc-1999-c-

33/latest/sc-1999-c-33.html

ENV LOA lots

http://www.canlii.org/en/ca/l

aws/regu/sor-2005-

247/latest/sor-2005-247.html

Every person that

manufactures or

imports a chemical

http://www.canlii.org/en/ca/l

aws/regu/sor-99-7/latest/sor-

99-7.html

Every person who,

during any year,

manufactures,

imports or exports

ozone depleting

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

http://www.canlii.org/en/ca/l

aws/regu/sor-2008-

273/latest/sor-2008-273.html

PCBs

http://www.canlii.org/en/ca/l

aws/regu/sor-2002-

301/latest/sor-2002-301.html

hazardous waste

manifest

http://www.canlii.org/en/ca/l

aws/regu/sor-2012-

285/latest/sor-2012-285.html

prohibition of

toxins

http://www.canlii.org/en/ca/l

aws/regu/sor-2008-

197/latest/sor-2008-197.html

petroleum tanks

http://www.canlii.org/en/ca/l

aws/regu/sor-92-

631/latest/sor-92-631.html

vinyl chloride

release

http://www.canlii.org/en/ca/l

aws/regu/sor-2010-

120/latest/sor-2010-120.html

employees

employed on

vessels registered in

Canada

workplace violence

procedures RET

http://laws-

lois.justice.gc.ca/eng/regulatio

ns/SOR-2005-313/page-

5.html#h-38

commercial driver

logs

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

http://www.canlii.org/en/ca/l

aws/regu/sor-87-

612/latest/sor-87-612.html

elevators, pressure

vessels, air

sampling, MSDS,

hazard occurance

https://releve.canlii.org/en/ca

/laws/regu/sor-86-

304/latest/sor-86-304.html

tons; Hazard

Investigation - 30

http://www.canlii.net/en/ca/l

aws/regu/sor-96-

433/latest/sor-96-433.html

aviation - tons

https://releve.canlii.org/en/ca

/laws/stat/sc-2010-c-

21/latest/sc-2010-c-21.html

Any person who

manufactures,

imports, advertises,

sells or tests a

consumer product

https://www.cmpa-acpm.ca/-

/a-matter-of-records-

retention-and-transfer-of-

clinical-records

chart of provincial

medical record

retention with cites

10yrs; 16 BC

Fed - see privacy retention

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-c-

42/latest/rsc-1985-c-c-42.html

copyright LOA

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-p-

4/latest/rsc-1985-c-p-4.html

patent LOA

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-t-

13/latest/rsc-1985-c-t-13.html

trademarks LOA

http://www.canlii.org/en/ca/l

aws/regu/sor-2012-

167/latest/sor-2012-

167.html?searchUrlHash=AAA

AAQAacG9sbHV0aW9uIG1vb

ml0b3JpbmcgeWVhcnMAAAA

AAQ&resultIndex=31

CO2 & Coal

http://www.canlii.org/canlii-

dynamic/en/ca/laws/stat/rsc-

1985-c-c-11/latest/rsc-1985-c-

c-11.html#sec34

water LOA

s 14.3(2); loa 28.3 http://laws-

lois.justice.gc.ca/eng/acts/H-

3/page-2.html#h-7

MSDS retention -

supplier

http://laws-

lois.justice.gc.ca/eng/acts/C-

1.68/FullText.html

Any person who

manufactures,

imports, advertises,

sells or tests a

consumer product

for commercial

purposes

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Canada Business Corporations

Act, R.S.C. 1985, c. C-44 s

20(2.1)

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-c-

44/latest/rsc-1985-c-c-

44.html?searchUrlHash=AAAA

AQAPcmVjb3JkIC9zIHllYXJzAA

AAAAE

Corporations accounting records 6 after the end of the

financial year to

which the records

relate

Canada, Federal Income Tax Act s 230 http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-1-5th-

supp/latest/rsc-1985-c-1-5th-

supp.html

Every person carrying

on business

records and books of account and

vouchers necessary to verify the

information contained therein

6 from the end of the

last taxation year to

which the records

and books of account

relate

Canada, Federal Income Tax Regulations,

C.R.C., c. 945 s 5800

http://www.canlii.org/en/ca/l

aws/regu/crc-c-945/latest/crc-

c-

945.html?searchUrlHash=AAA

AAQAPcmVjb3JkIC9zIHllYXJzA

AAAAAE

Corporations general ledger or other book of final

entry containing the summaries of the

year-to-year transactions of a

corporation

2 after the day that the

corporation is

dissolved

Canada, Federal Customs Act s 74.6 http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-1-2nd-

supp/latest/rsc-1985-c-1-2nd-

supp.html

Importer Claims for refunds of customs duties

overpaid or paid in error

4 after goods are

accounted for

Canada, Federal Customs Act s 163 http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-1-2nd-

supp/latest/rsc-1985-c-1-2nd-

supp.html

All parties Proceedings may be instituted by way of

summary conviction in respect of

offences under this Act at any time

within but not later

3 after the time when

the subject-matter of

the proceedings

arose

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Imported Goods Records

Regulations s 2.1

http://www.canlii.org/en/ca/l

aws/regu/sor-86-

1011/latest/sor-86-1011.html

Every person who

imports goods or

causes goods to be

imported for sale or

for any industrial,

occupational,

commercial,

institutional or other

like use

all records that relate to: the origin,

marking, purchase, importation, costs

and value of the commercial goods;

payment for the commercial goods; the

sale or other disposal of the commercial

goods in Canada; and any application for

an advance ruling

6 following the

importation of the

commercial goods

Canada, Federal Imported Goods Records

Regulations s 2.2

http://www.canlii.org/en/ca/l

aws/regu/sor-86-

1011/latest/sor-86-1011.html

Customs Self

Assessment (CSA)

importers

records that provide a description and

the quantity of the commercial goods;

records relating to the reception of the

commercial goods; records showing the

credits and adjustments used to

determine the amount paid for the

commercial goods; records relating to

the accounting for the commercial

goods; records relating to any refund,

drawback or re-determination of duties;

a list of vendors and consignees of the

commercial goods; and records relating

to the information needed to complete

the form entitled “CSA Revenue

Summary” in respect of the commercial

goods and to the payment of duties on

those goods.

6 following the

importation of the

commercial goods

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Federal Courts Act, R.S.C.

1985, c. F-7 s 39

http://www.canlii.org/en/ca/l

aws/stat/rsc-1985-c-f-

7/latest/rsc-1985-c-f-7.html

All parties A proceeding in the Federal Court of

Appeal or the Federal Court in respect of

a cause of action arising otherwise than

in a province

6 after the cause of

action arose

Canada, Federal Employment Equity Act s 17 http://www.canlii.org/en/ca/l

aws/stat/sc-1995-c-

44/latest/sc-1995-c-44.html

Employer Every employer shall, in accordance with

the regulations, establish and maintain

employment equity records in respect of

the employer’s workforce, the

employer’s employment equity plan and

the implementation of employment

equity by the employer

Not stated N/A

Canada, Federal Employment Equity Act s 17 http://www.canlii.org/en/ca/l

aws/stat/sc-1995-c-

44/latest/sc-1995-c-44.html

Employer Every private sector employer shall file

with the Minister a report in respect of

the immediately preceding calendar year

containing demographic and salary

information on employees

1 Superseded

Canada, Federal Employment Equity

Regulations s 12

http://www.canlii.org/en/ca/l

aws/regu/sor-96-

470/latest/sor-96-470.html

Employer An employer shall establish and

maintain the following records: a record

of each employee’s designated group

membership, if any; a record of each

employee’s occupational group

classification; a record of each

employee’s salary and salary increases;

a record of each employee’s

promotions;

2 after the date of their

termination

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Employment Equity

Regulations s 12.2

http://www.canlii.org/en/ca/l

aws/regu/sor-96-

470/latest/sor-96-470.html

Employer An employer shall establish and

maintain the following records: a copy of

the workforce survey questionnaire that

was provided to the employees and any

other information used by the employer

in conducting its workforce analysis; the

summary of the results of the workforce

analysis; a description of the activities

undertaken by the employer in

conducting its employment systems

review; the employer’s employment

equity plan; a record of the employer’s

monitoring of the implementation of its

employment equity plan, undertaken in

accordance with Act

2 after the period

covered by the

employment equity

plan to which the

records relate.

Canada, Federal Employment Equity

Regulations s 12.3

http://www.canlii.org/en/ca/l

aws/regu/sor-96-

470/latest/sor-96-470.html

Employer the employer shall maintain a copy of

the database or other computer record

used to generate the employment

equity report

2 after the year in

respect of which the

report is filed

Canada, Federal Employment Insurance Act s

46.4

http://www.canlii.org/en/ca/l

aws/stat/sc-1996-c-

23/latest/sc-1996-c-23.html

Directors of the

corporation

Actions by the Employment Insurance

Commission to impose on an employer a

penalty for each of the following acts;

providing false or misleading

information; non-disclosure of facts;

defrauding or deceiving the Commission

6 after the occurrence

of the act or omission

for which the penalty

is imposed

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Employment Insurance Act s

85.3

http://www.canlii.org/en/ca/l

aws/stat/sc-1996-c-

23/latest/sc-1996-c-23.html

All parties No assessment, reassessment or

additional assessment of an amount

payable by an employer under this Act

may be made by the Minister

3 after the end of the

year in which any

premium in relation

to which that amount

is payable should

have been paid

Canada, Federal Employment Insurance Act s

87.3

http://www.canlii.org/en/ca/l

aws/stat/sc-1996-c-

23/latest/sc-1996-c-23.html

Employer shall retain the records and books of

account and every account and voucher

necessary to verify the information

contained in them for six years after the

year for which they are kept, or until

written permission for their prior

disposal is given by the Minister

6 after the year for

which they are kept,

or until written

permission for their

prior disposal is given

by the Minister

Canada, Federal Canada Pension Plan s 22.3 www.canlii.org/en/ca/laws/st

at/rsc-1985-c-c-8/latest/rsc-

1985-c-c-8.html?resultIndex=1

All parties no assessment, re-assessment or

additional assessment of an amount

payable by an employer under this Act

may be made by the Minister under this

section after

4 from the earliest of

the days on or before

which any

contribution in

relation to which that

amount is payable

should have been

paid

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Canada Pension Plan s 24.2 www.canlii.org/en/ca/laws/st

at/rsc-1985-c-c-8/latest/rsc-

1985-c-c-8.html?resultIndex=1

Every employer

paying remuneration

to an employee

shall keep records and books of account

containing such information as will

enable any contributions payable under

this Act or any contributions or other

amounts that should have been

deducted or paid to be determined

5 from the end of the

year in respect of

which those records

and books of account

are kept or until

written permission

for their prior

disposal is given by

the Minister

Canada, Federal Canada Labour Standards

Regulations s 24.2

http://www.canlii.org/en/ca/l

aws/regu/crc-c-986/latest/crc-

c-986.html

Employer shall keep the following information:

employee demographic information;

wage rates; wage calculation; hours

worked; earnings; deductions; vacation,

leave and holiday pay; a copy of any

medical certificate submitted by the

employee in respect of that leave

36 months after the date of

termination of

employment

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Canada Labour Standards

Regulations s 24.4

http://www.canlii.org/en/ca/l

aws/regu/crc-c-986/latest/crc-

c-986.html

Employer shall keep: detailed reasons for an

employee’s absence due to work-related

illness or injury; a copy of any certificate

of a qualified medical practitioner

indicating that the employee is fit to

return to work; and the date the

employee returned to work, or a copy of

any notification from the employer to

the employee and any trade union

representing the employee that return

to work was not reasonably practicable

and the reasons why it was not.

3 the employer shall,

where reasonably

practicable, return an

employee to work

after the employee’s

absence due to work-

related illness or

injury

Canada, Federal Personal Information

Protection and Electronic

Documents Act Schedule 1,

4.3

www.canlii.org/en/ca/laws/st

at/sc-2000-c-5/latest/sc-2000-

c-5.html?resultIndex=1

Data Collector The knowledge and consent of the

individual are required for the collection,

use, or disclosure of personal

information

N/A N/A

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Personal Information

Protection and Electronic

Documents Act Schedule 1,

4.5.3

www.canlii.org/en/ca/laws/st

at/sc-2000-c-5/latest/sc-2000-

c-5.html?resultIndex=1

Data Collector Personal information Personal

information

that is no longer

required to

fulfill the

identified

purposes should

be destroyed,

erased, or made

anonymous.

Organizations

shall develop

guidelines and

implement

procedures to

govern the

destruction of

personal

information.

N/A

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Federal Personal Information

Protection and Electronic

Documents Act Schedule 1,

4.3.7

www.canlii.org/en/ca/laws/st

at/sc-2000-c-5/latest/sc-2000-

c-5.html?resultIndex=1

Data Collector a checkoff box may be used to allow

individuals to request that their names

and addresses not be given to other

organizations. Individuals who do not

check the box are assumed to consent to

the transfer of this information to third

parties

N/A N/A

Canada, Federal Personal Information

Protection and Electronic

Documents Act s 37

www.canlii.org/en/ca/laws/st

at/sc-2000-c-5/latest/sc-2000-

c-5.html?resultIndex=1

All parties A requirement under a provision of a

federal law to retain a document for a

specified period is satisfied, with respect

to an electronic document, by the

retention of the electronic document

N/A N/A

Provencal Limitation of

Action

Alberta

Canada, Alberta Limitations Act s 3 http://www.canlii.org/en/ab/l

aws/stat/rsa-2000-c-l-

12/latest/rsa-2000-c-l-12.html

All parties a claimant must seek a remedial order

within

1. 2; 2.10 1. after the date on

which the claimant

first knew, or in the

circumstances ought

to have known; 2.

after the claim arose

Canada, Alberta Limitations Act s 11 http://www.canlii.org/en/ab/l

aws/stat/rsa-2000-c-l-

12/latest/rsa-2000-c-l-12.html

All parties a claimant must seek a remedial order

in respect of a claim based on a

judgment or order for the payment of

money

10 after the claim arose

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

British Columbia

Canada, British

Columbia

Limitations Act s 3.2 http://www.canlii.org/en/bc/l

aws/stat/rsbc-1996-c-

266/latest/rsbc-1996-c-

266.html

All parties claims for damages in respect of injury

to person or property, including

economic loss arising from the injury,

whether based on contract, tort or

statutory duty

2 after the date on

which the right to do

so arose

Canada, British

Columbia

Limitations Act s 3.5 http://www.canlii.org/en/bc/l

aws/stat/rsbc-1996-c-

266/latest/rsbc-1996-c-

266.html

All parties ny other action not specifically provided

for in this Act or any other Act may not

be brought after the expiration of 6

years

6 after the date on

which the right to do

so arose.

Ontario

Canada, Ontario Limitation Act s 4 www.ontario.ca/laws/statute/

02l24#BK17

All parties a proceeding in respect of a claim for

injury, loss, or damage

2 anniversary of the

day on which the

claim was discovered

Canada, Ontario Limitation Act s 15.2 www.ontario.ca/laws/statute/

02l24#BK17

All parties No proceeding shall be commenced in

respect of any claim, unless otherwise

provided for

15 day on which the act

or omission on which

the claim is based

took place

Quebec

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Jurisdiction Citation URL Governed

Institution

Governed Records / Actions Retention Trigger

Canada Record Retention Summary

Canada, Quebec Civil Code Art 2922 http://www.canlii.org/en/qc/l

aws/stat/lrq-c-c-

1991/latest/lrq-c-c-1991.html

All parties period for extinctive prescription except

as otherwise fixed by law

10 In an action in nullity

of contract, the

prescriptive period

runs from the day the

person invoking the

cause of nullity

becomes aware of

such cause or, in the

case of violence or

fear, from the day it

ceases.

Canada, Quebec Civil Code Art 2924 http://www.canlii.org/en/qc/l

aws/stat/lrq-c-c-

1991/latest/lrq-c-c-1991.html

All parties A right resulting from a judgment is

prescribed

10 Not Stated