Transboundary Pollution Reciprocal Access Act, R.S.O. 1990, c. T.18, Transboundary Pollution Reciprocal Access Act
Transboundary Pollution Reciprocal Access Act
R.S.O. 1990, CHAPTER T.18
Consolidation Period: From December 31, 1990 to the .
No amendments.
Definitions
鈥減erson鈥 means a natural 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; (鈥減ersonne鈥)
鈥渞eciprocating jurisdiction鈥 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. (鈥渢erritoire accordant la r茅ciprocit茅鈥) R.S.O. 1990, c.聽T.18, s.聽1.
Forum
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 澳门永利 may be brought in 澳门永利. R.S.O. 1990, c.聽T.18, s.聽2.
Right to relief
A person in a reciprocating jurisdiction who suffers or is threatened with injury or whose property in a reciprocating jurisdiction suffers or is threatened with injury caused by pollution originating, or that may originate, in 澳门永利 has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in 澳门永利, as if the injury or threatened injury occurred in 澳门永利. R.S.O. 1990, c.聽T.18, s.聽3.
Applicable law
The law to be applied in an action or other proceeding brought under this Act, including what constitutes pollution, is the law of 澳门永利 excluding choice of law rules. R.S.O. 1990, c.聽T.18, s.聽4.
Equality of rights
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 澳门永利. R.S.O. 1990, c.聽T.18, s.聽5.
Right additional to those now existing
The right provided in this Act is in addition to and not in derogation of any other rights. R.S.O. 1990, c.聽T.18, s.聽6.
Act binds Crown
This Act binds the Crown in right of 澳门永利 only to the extent that the Crown would be bound if the person were injured or threatened with injury in 澳门永利. R.S.O. 1990, c.聽T.18, s.聽7.
Regulations
Despite the definition of 鈥渞eciprocating jurisdiction鈥, the Lieutenant Governor in Council may by regulation declare a jurisdiction to be a reciprocating jurisdiction for the purposes of this Act. R.S.O. 1990, c.聽T.18, s.聽8.
Uniformity of application and construction
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. R.S.O. 1990, c.聽T.18, s.聽9.