British Columbia Order in Council — Order under COVID-19 Related Measures, ss (O.C. 459/2020)

O.C. 459/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) effective January 1, 2020, the attached COVID- 19 (Limits on Actions and Proceedings) Regulation is made, and (

b) the COVID-19 Related Measures Act , S.B.C. 2020, c. 8, is amended by repealing items and in

Schedule 2. Attorney General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: COVID-19 Related Measures Act, S.B.C. 2020, c. 8, ss. 3 and Other: R10433196 August 6, 2020 COVID-19 (LIMITS ON ACTIONS AND PROCEEDINGS) REGULATION Contents

Definitions

Interpretation Prescribed damages, persons and acts Conditions for protection Retroactive effect

Definitions In this regulation: “Act” means the COVID-19 Related Measures Act; “emergency and public health guidance” , in relation to the acts prescribed under

section 3 (3), means any of the fo llowing with respect to the COVID-19 pandemic: (

a) a COVID-19 provision; (

b) a regulation made under the Emergency Program Act; (

c) an instruction or order of a he alth officer, as defined in the Public Health Act; (

d) guidelines of the British Columbia Centre for Disease Control; (

e) guidelines of the Public Health Agency of Canada; (

f) guidelines published on a website main tained by or on behalf of the government; (

g) guidelines of a health authority; (

h) guidelines of a regulatory authority or body having jurisdiction with respect to a person engaging in a prescribed act; “essential service” means a service that is essential to maintain during an emergency, including a service provided by a class of persons, or that is within a class or type of service, set out in the

Schedule of item in

Schedule of the Act, as that item read immediately before its repeal; “exposed”, in relation to SARS-CoV-2, means to have been in contact with, or near, a person or thing that is or may be infected with SARS-CoV-2, in such a manner as to be at risk of being infected with SARS-CoV-2; “health authority” means (

a) a regional health boa rd designated under the Health Authorities Act, (

b) the First Nations Health Authority, or (

c) the Provincial Health Services Authority.

Interpretation This regulation is not to be read as affe cting, limiting or abrogating the protection from liability, or other defenc es from liability, that may otherwise be available to a person or entity. Prescribed damages, persons and acts 3

(1) For the purposes of

section 5 (1) [no actions or proceedings] of the Act, the damages resulting, directly or indirectly, from an individual being or likely being infected with or exposed to SARS-CoV-2 are prescribed damages.

(2) For the purposes of

section 5 (1) of the Act, any person engaged in

an act prescribed under subsection (3) of this section, including in any capacity on behalf of another person or entity, is a prescribed person.

(3) For the purposes of

section 5 (1) of th e Act, the following acts are prescribed: (

a) the operation or provisio n of an essential service; (

b) an activity that has the purpose of benefiting the community or any aspect of the community, including in relation to (

i) the relief of poverty, (ii) the advancement of education or religion, (iii) the promotion of health, (iv) the protection of the environment, (

v) the provision of services to a vu lnerable or disadvantaged person or group, or (vi) the provision of community r ecreation or leisure activities; (

c) an activity, including a business, that is carried on for direct or indirect gain or profit. Conditions for protection The protection provided under

section 5 (1) of the Act is only available if, at the relevant time when engaged in

an act prescribed under

section 3 (3) of this regulation, a person prescribed under

section 3 (2) of this regulation (

a) was engaging in the act in accordance with all applicable emergency and public health guidance, or (

b) had a reasonable belief that the person was engaging in the act in accordance with all applicable emergency and public health guidance.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 459/2020
Type	order_in_council
Volume / chapter	arc oic 0459 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ba89dd699418dedf641879d7c0aea87e3b2e7f38

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