3rd Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 9
THE OPIOID DAMAGES AND HEALTH CARE COSTS RECOVERY ACT
| Section | Table of Contents |
| 1(1) | Definitions |
| (2) | "Manufacturer" — exclusions |
| (3) | Meaning of "related" |
| (4) | Meaning of "affiliate" |
| (5) | Deemed affiliate |
| (6) | Formula for determining market share |
| 2(1) | Direct action |
| (2) | Action not subrogated |
| (3) | Action independent of recovery by others |
| (4) | Recovery for individuals or on aggregate basis |
| (5) | Action brought on aggregate basis |
| 3(1) | Recovery of cost of health care benefits on aggregate basis |
| (2) | Presumptions |
| (3) | Effect of presumptions |
| (4) | Reduction or readjustment of liability |
| 4(1) | Joint and several liability |
| (2) | Joint breach |
| 5 | Population-based evidence |
| 6(1) | Limitation periods |
| (2) | Certain proceedings revived |
| 7(1) | Liability based on risk contribution |
| (2) | Two or more defendants |
| (3) | Considerations |
| 8(1) | Apportionment of liability in opioid-related wrongs |
| (2) | Action or proceeding for contribution |
| (3) | Action or proceeding may be commenced even if damages or costs not paid |
| (4) | Factors for apportioning liability and contributions |
| 9 | Regulations |
| 10 | Retroactive effect |
| 11 | Crown as class member |
| 12(1) | Class proceeding |
| (2) | Opting out permitted |
| 13(1) | Definition — "proceeding" |
| (2) | Effect of prior agreements |
| (3) | Deducting compensation |
| (4) | No proceedings |
| (5) | Order not enforceable |
| 14 | C.C.S.M. reference |
| 15 | Coming into force |