Bill 246 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 246 Right To Clean Water Act (Legislature 20, Session 1)

L20 S1 3770

Alberta — Bills

1983 BILL First Session, 20th Legislature, 32 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 246 RIGHT TO CLEAN WATER ACT (Assented to , 1983)

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 home by the polluter and if he cannot be identified, by the Crown; Right to bring action Crown responsible 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 contami nated, 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 con tamination, pollution or adulteration be stopped, that the person responsible pay damages in the amount of the expense of restoring the water source to its traditional level of purity and the expense of the provision of a temporary source of clean drinking water in the interim or any proportion of the expense as the Court deems appro priate. 2 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. 3(1) Where the person commencing the action, after diligent 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 setde or defend the action or join any other party whom it believes, on resonable grounds, to be whoUy or partly responsible for the contamination, pollution or adulteration, as co-defendant.

(2) Any liability of the Crown under this

section shall be payable only if money has been appropriated to that purpose by the Legis lature. Coming into force ^ jj^jg p^^^ comcs luto forcc OU Proclamatiou, which shall not be earlier than the date of the first appropriation of money for the purposes of

section 3. Title: 1983 (20th, 1st) Bill 246, Right to Clean Water Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3770
Type	bill
Volume / chapter	L20 S1 3770
Language	en
Format	json
Source	PROVINCIAL
Identifier	e0fb0847a74530c4250f3e7cec2e38eedc89c51e

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