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Ontario Bill Proposes To Limit Liability from COVID-19 By Terrance S. Carter and Sean S. Carter In a move to provide protection for workers, volunteers and organizations from certain types of liability related to COVID-19, the government of Ontario introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 on October 20, 2020, which was most recently carried on division and referred to the Standing Committee on Justice Policy on October 27, 2020. If passed, Schedule 1 of Bill 218 will enact the Supporting Ontario’s Recovery Act, 2020 upon Royal Assent (the “Act”), which will protect persons from legal liability from claims where other individuals either have, or potentially have been, infected with or exposed to COVID-19. According to the government’s October 20th announcement of the draft measures, the Act is intended to protect those who “make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19. At the same time, it will maintain the right of Ontarians to take legal action against those who willfully, or with gross negligence, endanger others.” The government further indicated that this targeted protection will be available to a range of persons, including healthcare workers and institutions, charities, non-profit organizations, and coaches, volunteers and minor sports associations. This Bulletin provides a brief summary of the Act and its impact on charities and not-for-profits, if passed. For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 478. |
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