Age of majority

1.  (1) From April 15, 1970,

(a) a person attains the age of majority on attaining the age of 19 instead of on attaining the age of 21;

(b) a person who on that date has attained the age of 19 but not the age of 21 is deemed to have attained his majority on that date.

(2) Subsection (1) applies for the purposes of any rule of law, and, in the absence of a definition or of an indication of a contrary intention, for the construction of "full age", "infant", "infancy", "minor", "minority" and similar expressions in

(a) an enactment whenever enacted; and

(b) a deed, will or other instrument of whatever nature, not being an enactment, made on or after April 15, 1970.

(3) The use of the words or similar expressions referred to in subsection (2) shall not in itself be deemed to indicate a contrary intention under that subsection, without some further indication of a contrary intention.

(4) In an enactment, a reference to the age of 21 years shall be read as a reference to the age of 19 years.

(5) The Lieutenant Governor in Council may, by order, by specific class or general description, amend any provision in an enactment or bylaw of a local government passed on or before April 15, 1970, by substituting a reference to the age of 19 years for any reference to the age of 21 years.

(6) Notwithstanding any rule of law, a will or codicil executed before April 15, 1970 shall be deemed, for the purposes of this Act, not to have been made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.

Historical Note(s): 1970-2-2(1,2,3,4,5,7).

Court orders

2.  (1) In any order or directions of a court made before April 15, 1970, in the absence of an indication of a contrary intention, a reference to the age of 21 years or to any age between 19 and 21 years, or to any of the expressions referred to in section 1 (2), shall be read as a reference to the age of 19 years.

(2) The use of the phrase "21 years" in an order shall not in itself be deemed to indicate a contrary intention under subsection (1) without some further indication of a contrary intention.

Historical Note(s): 1970-2-3(1,2).

Saving

3.  This Act does not prejudice a right of action or a defence to an action based on the age of a party that was in existence at the time the cause of action arose and, notwithstanding this Act, the law that was in force immediately prior to April 15, 1970 applies.

Historical Note(s): 1970-2-4.

Minors

4.  A person who has not attained the age of majority may be described as a minor instead of as an infant, and accordingly "minor" means such a person.

Historical Note(s): 1970-2-6.

Accumulations

5.  This Act does not invalidate any direction for accumulation expressed in a settlement or other disposition made by deed, will or other instrument and executed before April 15, 1970, that, but for this Act, was a permissible period of accumulation.

Historical Note(s): 1970-2-7.

Limitation of actions

6.  Where, on April 15, 1970, a person has

(a) attained the age of 19 years but has not attained the age of 21 years; and

(b) a right of action in respect of which the period of limitation applicable to the bringing of that action would have commenced to run on his attaining the age of 21 years had this Act not been enacted,

the period of limitation in respect of that right of action shall commence to run from April 15, 1970.

Historical Note(s): 1970-2-8.

Statutory provision in deed

7.  This Act does not affect the construction of an enactment that is incorporated in and has effect as part of a deed, will or other instrument, the construction of which is not affected by section 1.

Historical Note(s): 1970-2-9.

Section 1 not to apply

8.  Notwithstanding section 1, in the construction of this Act the expression "21 years" means 21 years and section 1 (4) is not applicable to this Act.

Historical Note(s): 1970-2-10.