Bill 230 — Third Session, 21St Legislature, 37 Elizabeth Ii the Legislative Assembly of Alberta Bill 230 An Act To Amend the Alberta Bill of Rights (Legislature 21, Session 3)

L21 S3 3010

Alberta — Bills

1988 BILL 230 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 230

AN ACT TO AMEND THE ALBERTA BILL OF RIGHTS MR. TAYLOR First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 230,

An Act to Amend the Alberta Bill of Rights

Bill 230 Mr. Taylor BILL 230 1988

AN ACT TO AMEND THE ALBERTA BILL OF RIGHTS (Assented to , 1988) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Alberta Bill of Rights is amended by this Act. 2 The following is added after

section 1: 1.1(1) Every person has a right to a healthy environment and to its protection, and to the protection of the living species inhabiting it, to the extent provided for by this Act and any other act.

(2) Notwithstanding any other Act, every person has standing to commence proceedings (

a) to enforce any right established in law to protect the matters referred to in subsection (1); (

b) to seek the imposition of any penalty provided for in law against any person who abrogates any matter referred to in subsection (1); (

c) to seek damages or other remedy or an injunction provided for in law with respect to the matters referred in subsection (1) 1

Explanatory Notes 1 This Bill will amend

chapter A-16 of the Revised Statutes of Alberta 1980. 2 New

section establishes a paramount right to a healthy environment and grants standing to bring actions to enforce the provisions of the law. Permits compensation, even where the activity complained of has been authorized by order or regulation if damage is being done. 1

where the issue arises on or relating to land in which the person commencing the proceedings has a legal or equitable interest or land in which the Crown has a legal or equitable interest

(3) In any action commenced pursuant to this section, the court may order that the Crown be made a party to the action, whether or not an application has been made on behalf of the Crown to be made a party.

(4) In any action commenced pursuant to this section, if the court finds that the act or omission which founds the basis for the action has been authorized by any order or regulation pursuant to any Act, it may nevertheless award damages to the plaintiff if it is satisfied that (

a) actual harm has been done or is likely to be done to the plaintiff or the plaintiff's property; (

b) it is in the public interest to do so. 2 Title: 1988 (21st, 3rd) Bill 230,

An Act to Amend the Alberta Bill of Rights

Document details

Collection	Alberta — Bills
Citation	L21 S3 3010
Type	bill
Volume / chapter	L21 S3 3010
Language	en
Format	json
Source	PROVINCIAL
Identifier	2b5218415b0e8df530e57b4f8c5d8708671bc717

Source file is stored in the law ingest library (json).