BILL No. 47

An Act respecting Responses to and Remedies for Illicit Drug-Related Wrongs TABLE OF CONTENTS

PART 1 Preliminary Matters 1

Short title 2

Definitions

PART 2 Restrictions on Eligibility 3

Interpretation and application of

Part 4 Appointments 5 Grants 6 Agreements

PART 3 Direct Action by Government 7 Direct action by Government 8 Recovery of illicit drug-related costs on aggregate basis (Assented to ) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART 1 Preliminary Matters

Short title 1 This Act may be cited as The Response to Illicit Drugs Act.

Definitions 2 In this Act: “court” means the Court of King’s Bench; “disease, injury or illness” includes: (

a) problematic substance use; (

b) addiction;

PART 4 Tort for Illicit Drug-Related Wrong 9 Tort for illicit drug-related wrong 10 Remedies 11 Right of action in addition to other rights

PART 5 Additional Matters 12 Population-based evidence to establish causation and quantum 13 Liability based on risk contribution 14 Immunity 15 Regulations

PART 6 Coming into Force 16 Coming into force

RESPONSE TO ILLICIT DRUGS 2 (

c) general deterioration of health; and (

d) death; “health care benefits” means: (

a) payments made pursuant to The Saskatchewan Medical Care Insurance Act, or the regulations made pursuant to that Act, on behalf of beneficiaries as defined in that Act; (

b) expenditures made pursuant to The Prescription Drugs Act , or the regulations made pursuant to that Act, on behalf of residents as defined in that Act; (

c) other payments or expenditures for programs, services, benefits or similar matters associated with disease, injury or illness that are paid: (

i) directly by the Government; or (ii) by or through: (

A) the provincial health authority or other health services entity as defined in The Provincial Health Authority Act; or (

B) any other prescribed persons or organizations; and (

d) any other prescribed payments or expenditures; “illicit drug” means a substance included in

Schedule I of the Controlled Drugs and Substances Act (Canada) that is trafficked, imported, exported or produced in contravention of

section 5, 6, 7 or 7.1 of that Act; “illicit drug-related costs” means the sum of the present value of the total expenditure by the Government and the present value of the estimated total expenditure by the Government that could reasonably be expected for the following: (

a) health care benefits for an insured individual resulting from illicit drug-related disease, injury or illness or the risk of illicit drug-related disease, injury or illness; (

b) costs pursuant to The Coroners Act, 1999 respecting a death resulting from the use of or exposure to an illicit drug; (

c) costs pursuant to The Residential Services Act, 2019 respecting services provided to an individual pursuant to that Act resulting from the use of or exposure to an illicit drug; (

d) any other prescribed costs; “illicit drug-related disease, injury or illness” means disease, injury or illness caused or contributed to by an individual’s use of or exposure to an illicit drug, whether the illicit drug is: (

a) in the form in which it was produced; or (

b) combined with another drug or substance;

RESPONSE TO ILLICIT DRUGS 3 “illicit drug-related wrong” means

an act or omission that constitutes an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to an illicit drug; “insured individual” means: (

a) an individual, including a deceased individual, for whom health care benefits have been provided; or (

b) an individual for whom health care benefits could reasonably be expected to be provided; “joint venture” means an association of 2 or more persons, if: (

a) the relationship among the persons does not constitute a corporation, partnership or trust; and (

b) the persons each have an undivided interest in assets of the association; “person” includes a partnership, trust or joint venture; “prescribed” means prescribed in the regulations; “use or exposure” or “use of or exposure to” , in relation to an illicit drug, means ingestion, inhalation, injection, application or assimilation of the illicit drug, whether intentional or otherwise.

PART 2 Restrictions on Eligibility

Interpretation and application of

Part 3(1) In this Part, “claim for loss or damage” includes any claim in damages or debt for unjust dismissal, breach of contract, inducing breach of contract, interference with a contract, mental distress, loss of reputation, defamation or any other cause of action in contract, tort or equity arising from or incidental to the creation, termination or expiration of an appointment by, grant from or agreement with the Government or any of its agencies or Crown corporations.

(2) This Part applies to and governs every appointment, grant, agreement or other benefit mentioned in this Part that: (

a) is in existence on the date on which this

Part comes into force; or (

b) is granted or made on or after the date on which this

Part comes into force. Appointments 4(1) In this section, “public officer” includes: (

a) an employee of the Government, or any of its agencies or Crown corporations, other than: (

i) an employee covered by a collective agreement; or (ii) any other prescribed individual; and (

b) a member of a board, commission or other appointed body of the Government or any of its agencies or Crown corporations.

RESPONSE TO ILLICIT DRUGS 4

(2) Subject to subsection (3) but notwithstanding any other enactment, agreement or law, the appointment of a public officer is deemed to be made on the following terms and conditions: This appointment is voidable, or may otherwise be cancelled, revoked or terminated, at the sole discretion of the Government, agency of the Government or Crown corporation, as the case may be, if the public officer: (

a) is convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act; or (

b) was convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act within the 3-year period preceding the date of the appointment.

(3) If an appointment is voided, or otherwise cancelled, revoked or terminated, in accordance with the terms and conditions mentioned in subsection (2), the Government, agency of the Government or Crown corporation, as the case may be, is not obligated to: (

a) make any payment, in lieu of notice, resulting from the termination; or (

b) make any payment or provide any benefit resulting from the termination of the appointment, other than a pension benefit or refund of a pension contribution to which the public officer is entitled by law.

(4) No action or proceeding lies or shall be commenced against the Government, any of its agencies or Crown corporations, or any of their members, officers, directors, employees, agents or former members, officers, directors, employees or agents, based on any claim for loss or damage as a result of the enactment or application of this section.

(5) Every claim for loss or damage resulting from the enactment or application of this

section is extinguished.

(6) None of the following amounts to wrongful dismissal or a breach of contract: (

a) the enactment or application of this section; (

b) a change to the relationship between the public officer and the Government, or any of its agencies or Crown corporations, resulting from the enactment or application of this section; (

c) a change in the obligations of the Government, or any of its agencies or Crown corporations, under a contract with the public officer, resulting from the enactment or application of this section.

(7) Any provision of an agreement with the Government, or any of its agencies or Crown corporations, that conflicts with or overrides all or any part of this

section is void.

RESPONSE TO ILLICIT DRUGS 5 Grants 5(1) Notwithstanding any other enactment, agreement or law, if the Government or any of its agencies or Crown corporations, for any purpose relating to any matter, makes a grant to any person, agency, organization, association, institution or body within or outside Saskatchewan, the grant is deemed to be made on the following terms and conditions: This grant is voidable, or the grant recipient may be declared ineligible for the grant, at the sole discretion of the Government, agency of the Government or Crown corporation, as the case may be, if the grant recipient: (

a) is convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act; or (

b) was convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act within the 3-year period preceding the date of the grant.

(2) A member of the Executive Council may set any additional terms and conditions with respect to illicit-drug related wrongs in any grant for which that member is responsible on behalf of the Government.

(3) No action or proceeding lies or shall be commenced against the Government, any of its agencies or Crown corporations, or any of their members, officers, directors, employees, agents or former members, officers, directors, employees or agents, based on any claim for loss or damage as a result of the enactment or application of this section.

(4) Every claim for loss or damage resulting from the enactment or application of this

section is extinguished. Agreements 6(1) Subject to

section 4 but notwithstanding any other enactment, agreement or law, if the Government or any of its agencies or Crown corporations enters into an agreement for any purpose relating to any matter with any person, agency, organization, association, enterprise, institution or body within or outside Saskatchewan, the agreement is deemed to include the following terms and conditions: This agreement is voidable, or may otherwise be revoked or terminated, at the sole discretion of the Government, agency of the Government or Crown corporation, as the case may be, if the contractee: (

a) is convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act; or (

b) was convicted of an offence pursuant to

section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada) with respect to a substance included in

Schedule I of that Act within the 3-year period preceding the date on which the agreement was executed.

RESPONSE TO ILLICIT DRUGS 6

(2) A member of the Executive Council may set any additional terms and conditions with respect to illicit drug-related wrongs in any agreement for which that member is responsible on behalf of the Government.

(3) No action or proceeding lies or shall be commenced against the Government, any of its agencies or Crown corporations, or any of their members, officers, directors, employees, agents or former members, officers, directors, employees or agents, based on any claim for loss or damage as a result of the enactment or application of this section.

(4) None of the following amounts to wrongful dismissal or a breach of contract: (

a) the enactment or application of this section; (

b) a change to the relationship between the contractee and the Government, or any of its agencies or Crown corporations, resulting from the enactment or application of this section; (

c) a change in the obligations of the Government, or any of its agencies or Crown corporations, under a contract with the contractee, resulting from the enactment or application of this section.

(5) Every claim for loss or damage resulting from the enactment or application of this

section is extinguished.

(6) Any provision of an agreement with the Govern