Section 1 (3) (a) BEFORE amended by 2003-70-297, effective March 29, 2004 (BC Reg 64/2004).
(a) an affiliate, as defined in section 1 of the Company Act, of the other person, or
Section 1 (1) definition of "health care benefits", paragraph (a.1) was added by 2014-8-108, effective October 1, 2015 (BC Reg 52/2015).
Section 1 (1) definition of "cost of health care benefits" BEFORE amended by 2019-40-25(a) and (b), effective November 28, 2019 (Royal Assent)].
"cost of health care benefits" means the sum of
(a) the present value of the total expenditure by the government for health care benefits provided for insured persons resulting from tobacco related disease or the risk of tobacco related disease, and
(b) the present value of the estimated total expenditure by the government for health care benefits that could reasonably be expected will be provided for those insured persons resulting from tobacco related disease or the risk of tobacco related disease;
Section 1 (1) definition of "tobacco-related disease" BEFORE amended by 2019-40-25(c), effective November 28, 2019 (Royal Assent)].
means disease caused or contributed to by exposure to a tobacco product;
Section 1 (1) definition of "tobacco-related wrong" BEFORE amended by 2019-40-25(a) and (c), effective November 28, 2019 (Royal Assent)].
means,
(a) a tort committed in British Columbia by a manufacturer which causes or contributes to tobacco related disease, or
(b) in an action under section 2 (1), a breach of a common law, equitable or statutory duty or obligation owed by a manufacturer to persons in British Columbia who have been exposed or might become exposed to a tobacco product;
Section 1 (6) (part) BEFORE amended by 2019-40-25(a), effective November 28, 2019 (Royal Assent)].
| where | ||
| dms | = | the defendant's market share for the type of tobacco product from the date of the earliest tobacco related wrong committed by that defendant to the date of trial; |
| dm | = | the quantity of the type of tobacco product manufactured or promoted by the defendant that is sold within British Columbia from the date of the earliest tobacco related wrong committed by that defendant to the date of trial; |
| MM | = | the quantity of the type of tobacco product manufactured or promoted by all manufacturers that is sold within British Columbia from the date of the earliest tobacco related wrong committed by the defendant to the date of trial. |
Section 2 (1) and (3) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
(1) The government has a direct and distinct action against a manufacturer to recover the cost of health care benefits caused or contributed to by a tobacco related wrong.
(3) In an action under subsection (1), the government may recover the cost of health care benefits whether or not there has been any recovery by other persons who have suffered damage caused or contributed to by the tobacco related wrong committed by the defendant.
Section 2 (5) (a) (ii) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
(ii) to prove the cause of tobacco related disease in any particular individual insured person, or
Section 4 (1) (a) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
(a) those defendants jointly breached a duty or obligation described in the definition of "tobacco related wrong" in section 1 (1), and
Section 4 (2) (part) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
(2) For purposes of an action under section 2 (1), 2 or more manufacturers, whether or not they are defendants in the action, are deemed to have jointly breached a duty or obligation described in the definition of "tobacco related wrong" in section 1 (1) if
Section 5 (part) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
Population based evidence to establish causation and quantify damages or cost
5 Statistical information and information derived from epidemiological, sociological and other relevant studies, including information derived from sampling, is admissible as evidence for the purposes of establishing causation and quantifying damages or the cost of health care benefits respecting a tobacco related wrong in an action brought
Section 6 BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
Limitation periods
6 (1) No action that is commenced within 2 years after the coming into force of this section by
(b) a person, on his or her own behalf or on behalf of a class of persons, or
(c) a personal representative of a deceased person on behalf of the spouse, parent or child, as defined in the Family Compensation Act, of the deceased person,
for damages, or the cost of health care benefits, alleged to have been caused or contributed to by a tobacco related wrong is barred under the Limitation Act.
(2) Any action described in subsection (1) for damages alleged to have been caused or contributed to by a tobacco related wrong is revived if the action was dismissed before the coming into force of this section merely because it was held by a court to be barred or extinguished by the Limitation Act.
Section 6 (1) (b) BEFORE amended by 2023-10-1103, effective March 30, 2023 (Royal Assent).
(b) a person, on his or her own behalf or on behalf of a class of persons, or
Section 7 (1) BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
(1) This section applies to an action for damages, or the cost of health care benefits, alleged to have been caused or contributed to by a tobacco related wrong other than an action for the recovery of the cost of health care benefits on an aggregate basis.
Section 8 BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
Apportionment of liability in tobacco related wrongs
8 (1) This section does not apply to a defendant in respect of whom the court has made a finding of liability under section 7.
(2) A defendant who is found liable for a tobacco related wrong may commence, against one or more of the defendants found liable for that wrong in the same action, an action or proceeding for contribution toward payment of the damages or the cost of health care benefits caused or contributed to by that wrong.
(3) Subsection (2) applies whether or not the defendant commencing an action or proceeding under that subsection has paid all or any of the damages or the cost of health care benefits caused or contributed to by the tobacco related wrong.
(4) In an action or proceeding described in subsection (2), the court may apportion liability and order contribution among each of the defendants in accordance with the considerations listed in section 7 (3) (a) to (k).
Section 10 BEFORE amended by 2019-40-26, effective November 28, 2019 (Royal Assent)].
Retroactive effect
10 When brought into force under section 12, a provision of this Act has the retroactive effect necessary to give the provision full effect for all purposes including allowing an action to be brought under section 2 (1) arising from a tobacco related wrong, whenever the tobacco related wrong occurred.