Section 1 (1) definitions of "active ingredient" and "consultant" were added by 2022-34-1(a), effective November 3, 2022 (Royal Assent).
Section 1 (1) definitions of "cost of health care benefits", "health care benefits", "manufacturer", "opioid product" and "opioid-related wrong" BEFORE amended by 2022-34-1(b) to (f), effective November 3, 2022 (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 as a result of opioid-related disease, injury or illness or the risk of opioid-related disease, injury or illness, and
(b) the present value of the estimated total expenditure by the government for health care benefits that could reasonably be expected to be provided for those insured persons as a result of opioid-related disease, injury or illness or the risk of opioid-related disease, injury or illness;
"health care benefits" means
(a) benefits as defined under the Hospital Insurance Act,
(b) benefits as defined under the Laboratory Services Act,
(c) benefits as defined under the Medicare Protection Act,
(d) benefits as defined under the Pharmaceutical Services Act,
(e) payments made by the government under the Continuing Care Act, and
(f) other expenditures by the government, made directly or through one or more agents or other intermediate bodies, for programs, services, benefits or similar matters associated with disease, injury or illness;
"manufacturer" means a person who manufactures or has manufactured an opioid product and a person who, in the past or currently,
(a) causes, directly or indirectly, through arrangements with contractors, subcontractors, licensees, franchisees or others, the manufacture of an opioid product,
(b) for any fiscal year of the person, derives at least 10% of revenues, determined on a consolidated basis in accordance with generally accepted accounting principles in Canada, from the manufacture or promotion of opioid products by that person or by other persons,
(c) engages in or causes, directly or indirectly, other persons to engage in promoting an opioid product, or
(d) is a trade association primarily engaged in
(i) advancing the interests of manufacturers,
(ii) promoting an opioid product, or
(iii) causing, directly or indirectly, other persons to engage in promoting an opioid product;
"opioid product" means any product that contains
(a) a drug set out in the Schedule, or
(b) a drug prescribed by regulation;
means
(a) a tort that is committed in British Columbia by a manufacturer or wholesaler and that causes or contributes to opioid-related disease, injury or illness, or
(b) in an action under section 2 (1), a breach, by a manufacturer or wholesaler, of a common law, equitable or statutory duty or obligation owed to persons in British Columbia who have used or been exposed to or might use or be exposed to an opioid product;
Section 1 (6) BEFORE amended by 2022-34-1(g), effective November 3, 2022 (Royal Assent).
(6) For the purposes of determining the market share of a defendant for a type of opioid product sold in British Columbia, the court must calculate the defendant's market share for the type of opioid product by the following formula:
| dms = | dm | × 100% |
| MM |
| where | |||
| dms | = | the defendant's market share for the type of opioid product from the date of the earliest opioid-related wrong committed by that defendant to the date of trial; | |
| dm | = | the quantity of the type of opioid product manufactured or promoted by the defendant that is distributed or sold within British Columbia from the date of the earliest opioid-related wrong committed by that defendant to the date of trial; | |
| MM | = | the quantity of the type of opioid product manufactured or promoted by all manufacturers or wholesalers that is purchased or dispensed within British Columbia for the purpose of providing health care benefits from the date of the earliest opioid-related wrong committed by the defendant to the date of trial. | |
Section 2 (1) BEFORE amended by 2022-34-2, effective November 3, 2022 (Royal Assent).
(1) The government has a direct and distinct action against a manufacturer or wholesaler to recover the cost of health care benefits caused or contributed to by an opioid-related wrong.
Section 3 (1) (part) BEFORE amended by 2022-34-4 and 5, effective November 3, 2022 (Royal Assent).
(1) In an action under section 2 (1) for the recovery of the cost of health care benefits on an aggregate basis, subsection (2) of this section applies if the government proves, on a balance of probabilities, that, in respect of a type of opioid product,
Section 4 (1) BEFORE amended by 2022-34-4, effective November 3, 2022 (Royal Assent).
(1) Two or more defendants in an action under section 2 (1) are jointly and severally liable for the cost of health care benefits if
(a) those defendants jointly breached a duty or obligation described in the definition of "opioid-related wrong" in section 1 (1), and
(b) as a consequence of the breach described in paragraph (a) of this subsection, at least one of those defendants is held liable in the action under section 2 (1) for the cost of those health care benefits.
Section 4 (2) (part) BEFORE amended by 2022-34-4 and 6, effective November 3, 2022 (Royal Assent).
(2) For purposes of an action under section 2 (1), 2 or more manufacturers or wholesalers, whether or not they are defendants in the action, are deemed to have jointly breached a duty or obligation described in the definition of "opioid-related wrong" in section 1 (1) if
Section 4 (2) (a) and (b) (part) BEFORE amended by 2022-34-6, effective November 3, 2022 (Royal Assent).
(a) one or more of those manufacturers or wholesalers are held to have breached the duty or obligation, and
(b) at common law, in equity or under an enactment, those manufacturers or wholesalers would be held
Section 6 BEFORE amended by 2022-34-8, effective November 3, 2022 (Royal Assent).
Limitation periods
6 (1) No action that is commenced by the government within 2 years after the coming into force of this section for the recovery of the cost of health care benefits, or for damages, alleged to have been caused or contributed to by an opioid-related wrong, is barred under the Limitation Act.
(2) Any action described in subsection (1) of this section for damages alleged to have been caused or contributed to by an opioid-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 7 (2) (part) BEFORE amended by 2022-34-9, effective November 3, 2022 (Royal Assent).
(2) If the government is unable to establish which defendant caused or contributed to the use or exposure described in paragraph (b) and, as a result of a breach of a common law, equitable or statutory duty or obligation,
Section 7 (3) (e) BEFORE amended by 2022-34-6, effective November 3, 2022 (Royal Assent).
(e) the degree to which a defendant collaborated or acted in concert with other manufacturers or wholesalers in any conduct that caused, contributed to or aggravated the risk of disease, injury or illness;