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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM,

HUMAN RIGHTS AND IMMIGRATION

BILL 10 – 1997

FOOD DONOR ENCOURAGEMENT ACT

Contents

Section

Liability of donor

Liability of director, agent, etc.

Application of Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Liability of donor

1 A person who donates food, or who distributes donated food, to another person is not

liable for damages resulting from injuries or death caused by the consumption of the

food unless

(

a) the food was adulterated, rotten or otherwise unfit for human consumption,

and

(

b) in donating or distributing the food, the person intended to injure or to cause

the death of any person who consumed the food or acted in reckless

disregard for the safety of others.

Liability of director, agent, etc.

2 A director, agent or employee of a corporation, or a volunteer who provides services

or assistance to a corporation, that donates food or that distributes donated food is not

liable for damages resulting from injuries or death caused by the consumption of the

food unless

(

a) the food was adulterated, rotten or otherwise unfit for human consumption,

and

(

b) in donating or distributing the food, the director, agent, employee or

volunteer intended to injure or to cause the death of any person who

consumed the food or acted with reckless disregard for the safety of others.

Application of Act

3 This Act does not apply to a person who distributes donated food for profit.

Explanatory Note

This bill is intented to increase the donation of food to food banks and soup kitchens by limiting the liability of food donors, distributors and others who participate in the distribution of donated food.

The Bill provides that a person who donates food or who distributes donated food is not liable for injuries or death resulting from the consumption of the donated food unless the person intended to injure the recipient of the food or acted recklessly in donating or distributing the food.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada