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

   2.  (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.