A A A

Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 204

THE GOOD SAMARITAN PROTECTION ACT


Table of Contents Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

No liability unless gross negligence

1           A person who voluntarily provides emergency medical services, aid or advice to the victim of an accident or medical emergency at the immediate scene of the accident or emergency is not liable in damages for injury or death to the victim caused by the person's acts or omissions in providing the medical services, aid or advice unless that person is grossly negligent.

Exception

2           Section 1 does not apply if the person providing the medical services, aid or advice

(a) is employed expressly for that purpose; or

(b) does so with a view to gain.

Members of volunteer organizations covered

3           For greater certainty, section 1 applies to a member of a volunteer organization that provides first aid, ski patrol, neighbourhood watch or patrol or other similar services who receives a payment or other benefit in recognition of his or her services, so long as the payment or other benefit is not provided as a result of an employer-employee relationship.

C.C.S.M. reference

4           This Act may be referred to as chapter G65 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Act protects a person who voluntarily provides medical services, aid or advice to a victim of an accident or medical emergency.  The person will not be liable to pay damages in a lawsuit started by the victim unless the person was grossly negligent.