Handgun Manufacturers' and Importers' Liability Act, 2008 Flynn, Kevin Daniel — Bill 82 (39th Parliament, 1st Session)

Bill 82, 39-1

Ontario — Bills

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Bill 82, Handgun Manufacturers' and Importers' Liability Act, 2008

Flynn, Kevin Daniel

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[39] Bill 82 Original (PDF)

Bill 82 2008

An Act to make

manufacturers and importers liable for harm caused by the unlawful use of

handguns

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"handgun" means a firearm that is designed, altered or intended to be

aimed and fired by the action of one hand, whether or not it has been

redesigned or subsequently altered to be aimed and fired by the action of both

hands; ("arme de poing")

"health care benefits" means,

(

a) payments

for insured services under the Health Insurance Act ,

(

b) payments

made under the Independent

Health Facilities Act ,

(

c) payments

made under the Local

Health System Integration Act, 2006 , and

(

d) other

expenditures, made directly or through one or more agents or other intermediate

bodies, by the Crown in right of Ontario for programs, services, benefits or

similar matters. ("prestations de soins de santé")

Right of action, individuals

(1) When

a person is injured or killed as a result of the actual or threatened unlawful

use of a handgun,

(

a) the

person or his or her personal representative is entitled to recover damages

from the manufacturer or importer of the handgun and to maintain an action for

the purpose in a court of competent jurisdiction; and

(b) subsection

61 (1) of the Family Law Act applies, with necessary modifications.

Same

(2) Subsection (1) applies only if the manufacturer or

importer knew or reasonably ought to have known that its design, manufacturing,

marketing, importation, sales or distribution practices could result in the

actual or threatened unlawful use of the handgun.

Other rights of action not affected

(3) This

section shall not be interpreted to limit any

other right of action.

Right of action, Crown

3. The

Crown in right of Ontario has a right of action against a manufacturer or

importer of handguns to recover the cost of health care benefits caused or

contributed to by the actual or threatened unlawful use of handguns.

Commencement

4. This Act comes into force six months after

the day it receives Royal Assent.

Short title

5. The

short title of this Act is the Handgun Manufacturers' and

Importers' Liability Act, 2008 .

EXPLANATORY NOTE

The

Bill provides that when a person is injured or killed as a result of the actual

or threatened unlawful use of a handgun, the person (or the personal

representative) and his or her dependants are entitled to bring an action

against the handgun's manufacturer or importer. The Crown in right of Ontario

is also entitled to bring an action against a manufacturer or importer of

handguns to recover the cost of health care benefits caused or contributed to

by the actual or threatened unlawful use of handguns.

Date Bill stage Activity Committee

June 12, 2008

Ordered referred to Standing Committee

Standing Committee on Justice Policy

June 12, 2008

Second Reading

Carried

June 12, 2008

Second Reading

Debate

May 28, 2008

First Reading

Carried

Debates and Progress

First Reading

May 28, 2008

Second Reading

June 12, 2008

Mr. Kevin Daniel Flynn, Mr. Garfield Dunlop, Mr. Bas Balkissoon, Mrs. Christine Elliott, Mr. Khalil Ramal, Mr. Michael Prue, Mr. Mike Colle

June 12, 2008

Declared carried. Referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 82, 39-1
Type	bill
Volume / chapter	p39 s1 bill 82 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	feb572250c91467e50b7e69f751a794e62d195cb

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