Bill 240 — First Session, 21St Legislature, 35 Elizabeth Ii the Legislative Assembly of Alberta Bill 240 Right To Clean Water Act (Legislature 21, Session 1)

L21 S1 3277

Alberta — Bills

1986 BILL First Session, 21st Legislature, 35 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL RIGHT TO CLEAN WATER ACT MR. R. SPEAKER First Reading Second Reading Committee of the Whole Third Reading Royal Assent Bill Mr. R. Speaker BILL 240 RIGHT TO CLEAN WATER ACT (Assented to Right to bring action

WHEREAS every Albertan has the right to the continued use of the traditional drinking water source in his area and not to have that source of water contaminated, polluted or adulterated; and

WHEREAS a means of protecting that right should be provided; and

WHEREAS the responsibility for any pollution should be borne by the polluter and if he cannot be identified, by the Crown; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 Where a traditional source of clean drinking water is con taminated, polluted or adulterated to the extent that it is no longer safe for drinking, any person who has been a traditional user of that source may commence an action against the person responsible in the Court of Queen's Bench and the Court may order that the contamination, pollution or adulteration be stopped, that the person responsible pay damages in the amount ot tne expense of restoring the water source to its traditional level o purity and the expense of the provision of a temporary so^'^^^l of clean drinking water in the interim or any proportion ot tne expense as the Court deems appropriate.

Costs The Court may make such order as it sees fit apportioning any damages and costs arising from an action commenced under the provisions of

section 1, between or more parties. Crown 3(1) Where the person commencing the action, after diligent responsible inquiry, has been unable to identify the person responsible for the contamination, pollution or adulteration, he may commence the action against the Crown and the Crown may settie or defend the action or join any other party whom it believes, on reasonable grounds, to be wholly or partly responsible for the contamination, pollution or adulteration, as co-defendant.

(2) Any liability of the Crown under this Act shall be payable out of money appropriated to that purpose by the Legislature. Coming into jj^js ^ct comcs luto forcc on Proclamation. force Title: 1986 (21st, 1st) Bill 240, Right to Clean Water Act

Document details

Collection	Alberta — Bills
Citation	L21 S1 3277
Type	bill
Volume / chapter	L21 S1 3277
Language	en
Format	json
Source	PROVINCIAL
Identifier	8c8b1d0af277dd9ace584f50b4cd686247374f56

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