S.M. 2006, c. 18

Bill 27, 4th Session, 38th Legislature

The Tobacco Damages and Health Care Costs Recovery Act

1(1) Definitions
(2) Interpretation of "manufacturer"
(3) Interpretation of "related"
(4) Deemed affiliate of corporation, partnership, trust or joint venture
(5) Deemed affiliate: controlling influence
(6) Determining market share
2(1) Direct action by the province
(2) Action is in province's own right
(3) Health costs recoverable even if other persons have recovered from defendant
(4) Province may recover individually or on aggregate basis
(5) Procedures re aggregate action
3(1) Recovery of the cost of health care benefits
(2) Presumptions re exposure
(3) Determining aggregate costs and defendants' portions
(4) Reduction or readjustment of defendants' portions
4(1) Joint and several liability
(2) Deemed joint breach
5 Population-based evidence
6(1) Definitions for section 6
(2) Limitation periods
(3) Revival of action
7(1) Liability based on risk contribution
(2) Plaintiff unable to establish who caused exposure
(3) Apportioning liability: factors
8(1) Apportionment of liability in tobacco-related wrongs
(2) Action for contribution
(3) Action may be commenced even if damages or costs not paid
(4) Apportioning liability and contributions: factors
9 Regulations
10 Retroactive effect
11 C.C.S.M. reference
12 Coming into force