By Liam Verster

Civil protection for transmitting COVID-19

Alberta bill would protect health workers, care homes from some COVID-19 lawsuits

Apr 22, 2021 | 3:22 PM

The Alberta Government has tabled Bill 70: COVID-19 Related Measures Act in an effort to provide civil liability protection to those on the front lines of the health sector.

Bill 70 builds off the existing Liability Protection under the Public Health Act to address the transmission or potential transmission of COVID-19.

The proposed legislation is meant to protect healthcare providers who are acting in good faith and are rigorously following public-health orders. Those found to be acting in bad faith, not following public health guidance, or are grossly negligent will not be protected under this act.

The bill provides this protection to Alberta Health Service and its employees, contractors and subcontractors, and appointed AHS Board members; regulated health care professionals and their employees, contractors and subcontractors; and health services facilities including their owners, directors, officers, employees, contractors and subcontractors. These facilities include hospitals, long-term care facilities, pharmacies, licensed supportive living, and residential addiction treatment facilities.

Richard Gotfried, MLA for Calgary-Fish Creek, tabled the legislation Thursday afternoon. He says if it’s passed, the bill will be continuously monitored by the government.

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“The proposed legislation is flexible and allows for the introduction of additional regulations to extend COVID-19 civil liability protection to other sectors if and as required.”

If passed, the proposed legislation would not dismiss any existing lawsuits. Plaintiffs must amend previous statements or file a new claim to outline the gross negligence shown in the case.

Gotfried adds that while the legislation is intended to protect those who are diligently following the standards of care, those who are not are still open to being sued.

“We are ensuring that the level of negligence has to be measured against the standards and the adherence of the high standards of care that are put in place on a day to day basis, but also those layered upon it by Alberta Health Services and the Chief Medical Health Officer during this pandemic.”

This act is not expected to have any impact on the workplace, worker’s rights, or workplace protections.

The bill, if passed, will go into force upon Royal Assent, and will be retroactive to March 1, 2020.

The creation of this legislation comes as five other provinces have already introduced or are in the process of introducing similar legislation. British Columbia, Ontario, New Brunswick and Nova Scotia have already created COVID-19 liability protection, while Saskatchewan has introduced a bill, though it has not been passed as of yet.