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ARTICLE · 27 APRIL 2020

Provincial Order Limits Liability Of Essential Service Providers – Liability & Coverage Considerations

On April 2, 2020, the Minister of Public Safety and Solicitor General for British Columbia issued a Ministerial Order (the "Order") under the Emergency Program Act...

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On April 2, 2020, the Minister of Public Safety and Solicitor General for British Columbia issued a Ministerial Order (the "Order") under the Emergency Program Act, dated March 31, 2020. The Order protects those providing essential services from liability for damages relating directly or indirectly to exposure to COVID-19 while continuing to operate, as long as the essential service provider complies with all applicable emergency and public health guidance, or reasonably believes they are doing so (for example following established protocols on how to prevent the spread of the virus like proper handwashing and regular cleaning and disinfecting). Immunity would not apply where there is gross negligence. Gross negligence includes acts or omissions that represent a marked departure from the normal standard of care and which typically has the potential to cause serious harm.

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