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S.M. 2006, c. 38

Bill 214, 5th Session, 38th Legislature

The Good Samaritan Protection Act

Table of contents

(Assented to December 7, 2006)

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.