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Bill 218 - Supporting Ontario's Recovery Act, 2020

Monday, January 4, 2021

Royal Assent was given on November 20, 2020 enacting Supporting Ontario's Recovery Act, 2020. The enactment of this legislation means that coaches, volunteers, and specific workers in Ontario cannot be held responsible for an individual being infected with COVID-19 if they acted with a "good faith effort" in applying the required protocols.

 

"Section 2 of the Act provides that no cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to COVID-19 on or after March 17, 2020 as a direct or indirect result of an act or omission of the person if, 

(a)   at the relevant time, the person acted or made a good faith effort to act in accordance with, (i) public health guidance relating to coronavirus (COVID-19) that applied to the person, and (ii) any federal, provincial or municipal law relating to coronavirus (COVID-19) that applied to the person; and 

(b)   the act or omission of the person does not constitute gross negligence.

Proceedings directly or indirectly based on or related to any such matter may not be brought, and any that exist when the Act comes into force are deemed to have been dismissed without costs. The section also applies with respect to a person who is vicariously liable for the acts or omissions of another person, if the other person’s liability is negated in relation to any such act or omission under subsection 2 (1). The terms “good faith effort”, “law”, “public health guidance”, and “person” are defined and clarified in section 1 of the Act. The Act also sets out an exception to section 2 relating to the closure of a person’s operations under a law, as well as exceptions relating to employment and the performance of work."  

 

For more information, please see https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-218.