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S.M. 1985-86, c. 11

The Transboundary Pollution Reciprocal Access Act

Table of contents

(Assented to July 11, 1985)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this Act or provides substantially equivalent access to its courts and administrative agencies;

"person" means an individual person, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.

Forum.

2

An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Manitoba may be brought in Manitoba.

Right to relief.

3

A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Manitoba has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Manitoba as if the injury or threatened injury occurred in Manitoba.

Applicable law.

4

The law to be applied in an action or other proceeding brought pursuant to this Act, including what constitutes "pollution", is the law of Manitoba excluding choice of law rules.

Equality of rights.

5

This Act does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Manitoba.

Right additional to other rights.

6

The right provided in this Act is in addition to and not in derogation of any other rights.

Acts bind Crown.

7

This Act binds the Crown in right of Manitoba only to the extent that the Crown would be bound if the person were injured or threatened with injury in Manitoba.

Regulations.

8

The Lieutenant Governor in Council may, where he is satisfied that a jurisdiction is a reciprocating jurisdiction, make a declaratory order, to that effect, and upon the making of such order, the jurisdiction is a reciprocating jurisdiction for the purposes of this Act.

Uniformity of application and construction.

9

This Act shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this Act among jurisdictions enacting it.

Reference in Continuing Consolidation.

10

This Act may be referred to as chapter T145 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act.

11

This Act comes into force on the day it receives the royal assent.