The Act lets certain pollution-related claims be brought in Prince Edward Island, gives affected persons the same relief rights there, and lets the Lieutenant Governor in Council declare jurisdictions to be reciprocating jurisdictions by regulation.
c t TRANSBOUNDARY POLLUTION (RECIPROCAL ACCESS) ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 16, 2025. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Transboundary Pollution (reciprocal Access) Act Section 1 c TRANSBOUNDARY POLLUTION (RECIPROCAL ACCESS) ACT CHAPTER T-5 1. Interpretation In this Act (a) “person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity; (b) “reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of Canada, which has enacted this Act or provides substantially equivalent access to its courts and administrative agencies. 1985, c.43, s.1. 2. Forum An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Prince Edward Island may be brought in Prince Edward Island. 1985, c.43, s.2. 3. Right to relief A person who suffers or is threatened with injury to the person or the person’s property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Prince Edward Island has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Prince Edward Island, as if the injury or threatened injury occurred in Prince Edward Island. 1985, c.43, s.3; 2025,c.11,s.25(2). 4. Applicable law The law to be applied in an action or other proceeding brought pursuant to this Act, including what constitutes “pollution”, is the law of Prince Edward Island excluding choice of law rules. 1985, c.43, s.4. 5. Equality of rights This Act does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Prince Edward Island. 1985, c.43, s.5. 6. Right additional to those now existing The right provided in this Act is in addition to and not in derogation of any other rights. 1985, c.43, s.6. c t Current to: May 16, 2025 Page 3 Section 7 Transboundary Pollution (reciprocal Access) Act 7. Act binds crown This Act binds the Government only to the extent that the Government would be bound if the person were injured or threatened with injury in Prince Edward Island. 1985, c.43, s.7; 2025,c.11,s.25(3). 8. Regulations Notwithstanding clause 1(b), the Lieutenant Governor in Council may by regulations declare a jurisdiction to be a reciprocating jurisdiction for the purposes of this Act. 1985, c.43, s.8. 9. Uniformity of application and construction This Act shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this Act among jurisdictions enacting it. 1985, c.43, s.9. Page 4 Current to: May 16, 2025 t c