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Fifth 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 201

THE GOOD SAMARITAN ACT


Table of Contents Explanatory Note

(Assented to                                         )

WHEREAS it is in the public interest that persons be encouraged to provide emergency assistance to someone in need;

AND WHEREAS it is desirable that persons who voluntarily and gratuitously provide emergency assistance be protected from liability unless grossly negligent;

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

Definitions

1           The following definitions apply in this Act.

"emergency assistance" means emergency aid or emergency medical services provided at the scene of an accident or emergency. (« aide d'urgence »)

"injured" includes being rendered ill or unconscious. (« blessures »)

No liability for emergency assistance unless grossly negligent

2           A person who voluntarily provides emergency assistance to an individual injured in an accident or emergency is not liable in damages for injury to or the death of that individual caused by any act or omission in providing the emergency assistance, unless the person is grossly negligent.

Exceptions

3(1)        Section 2 does not apply if the person providing the emergency assistance

(a) is employed expressly for that purpose; or

(b) acts with an expectation of compensation or reward.

Reimbursement of expenses

3(2)        For the purpose of clause (1)(b), reasonable reimbursement that the person receives for expenses reasonably incurred in providing the emergency assistance is not considered to be compensation or reward.

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 Bill gives legal protection to a person who voluntarily and gratuitously gives emergency help to a victim at the scene of an accident or emergency.