BC Waives Liability From Covid-19 Exposure Claims to Essential Service Providers
Today BC’s Minister of Public Safety and Solicitor General enacted Ministerial Order M094.
This order provides legal immunity to ‘essential service’ providers from claims in negligence if someone alleges they were”infected with or exposed to SARS-CoV-2 as a result of the person’s operating or providing an essential service”.
The immunity does not apply to claims of gross negligence. Also, to have the benefit of the immunity the essential service provider must comply with the following section:
(a) was operating or providing the essential service in accordance with all
applicable emergency and public health guidance, or
(b) reasonably believed that the person was operating or providing the essential
service in accordance with all applicable emergency and public health
guidance.
The full order can be found here.
The key sections read as follows:
Application of order
2 This order applies during the period that starts on the date this order is made and ends
on the date on which the declaration of a state of emergency made March 18, 2020
under section 9 (1) of the Act expires or is cancelled or, if there is an extension under
section 9 (4) of the Act, the date on which the last extension of that declaration expires
or is cancelled.
Reliance on emergency and public health guidance
3 (1) A person is not liable for damages resulting, directly or indirectly, from an
individual being or likely being infected with or exposed to SARS-CoV-2 as a
result of the person’s operating or providing an essential service if, at the relevant
time, the person
(a) was operating or providing the essential service in accordance with all
applicable emergency and public health guidance, or
(b) reasonably believed that the person was operating or providing the essential
service in accordance with all applicable emergency and public health
guidance.
(2) Subsection (1) does not apply to a person referred to in that subsection if, in
operating or providing the essential service, the person was grossly negligent.