Bill 70 — Second Session, 30Th Legislature, 70 Elizabeth Ii the Legislative Assembly of Alberta Bill 70 Covid-19 Related Measures Act (Legislature 30, Session 2)

L30 S2 11920

Alberta — Bills

2021 Bill 70 Second Session, 30th Legislature, 70 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 70 COVID-19 RELATED MEASURES ACT MR. GOTFRIED First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 70 Mr. Gotfried BILL 70 2021 COVID-19 RELATED MEASURES ACT ( A s s e n t e d t o , 2 0 2 1 ) Table of Contents 1

Interpretation 2 Application of Act 3 Crown bound 4 COVID-19 liability protection 5 No right to compensation or other remedy 6 Non-application — required closure 7 Non-application — other Acts 8 Regulations 9 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “good-faith effort” includes an honest effort, whether or not that effort is reasonable; (b) “health service facility” means (

i) a public hospital or chartered surgical facility as defined in the Health Facilities Act,

2 (ii) an auxiliary hosp ital as defined in the Hospitals Act, (iii) a facility as defined in the Mental Health Act, (iv) a nursing home as defined in the Nursing Homes Act, (

v) a pharmacy as defined in the Pharmacy and Drug Act, (vi) a protective safe house as defined in the Protection of Children Abusing Drugs Act, (vii) a supportive living acc ommodation as defined in the Supportive Living Accommodation Licensing Act, or (viii) a place where residentia l addiction treatment services are provided under the Mental Health Services Protection Act; (c) “law” means

an Act, regula tion, order, bylaw or other instrument made under

an Act; (d) “Minister” means the Mini ster determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (e) “public health guidance” means any advice, recommendations, directives, guidance or instructions given or made in respect of public health, regardless of the form or manner of their communication, by any of the following: (

i) t h e C r o w n ; (ii) a regional health autho rity, or a member, employee or agent of a regional health authority; (iii) the Chief Medical Offi cer, the Deputy Chief Medical Officer, an executive officer or a medical officer of health; (iv) a Minister or a department of the Government of Alberta or the Government of Canada, or an officer or employee of such a department; (

v) an agency of the Government of Alberta or the Government of Canada, or an officer or employee of such an agency; (vi) a public health official of the Government of Canada;

3 (vii) a municipality as defined in the Municipal Government Act, or an officer or employee of a municipality; (viii) a regulatory body having jurisdiction over a person, or an officer or employee of such a regulatory body; (f) “regional health author ity” means a regional health authority established under the Regional Health Authorities Act.

(2) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Public Health Act.

(3) Nothing in this Act shall be read as affecting, interfering with, abrogating or limiting any defence or immunity that exists in law or at common law, including the protection from liability provided under

section 66.1 of the Public Health Act. Application of Act 2 Subject to the regulations, this Act applies in respect of the following: (

a) a health service facility, inc luding an owner, operator, director, officer, employee, contractor and subcontractor of a health service facility; (

b) a regional health authority , including a member, officer, employee, agent, contractor and subcontractor of a regional health authority; (

c) a regulated member as defined in the Health Professions Act, including an employee, contractor and subcontractor of a regulated member; (

d) any other facility, person or class of persons prescribed in the regulations. Crown bound 3 The Crown is bound by this Act. COVID-19 liability protection 4(1) Subject to sections 6 and 7 and the regulations, no action for damages lies or shall be commenced or maintained against a health service facility, regional health authority or person referred to in

section 2 as a direct or indirect result of an individual being or potentially being infected with or exposed to COVID-19 on or after

4 March 1, 2020 as a direct or indirect result of

an act or omission of a health service facility, regional health authority or person, as the case may be, if (

a) at the relevant time, the health service facility, regiona l health authority or person, as the case may be, acted or made a good-faith effort to act in accordance with (

i) public health guidance relating to COVID-19 that applied to the health service facility, regional health authority or person, as the case may be, and (ii) any federal, provincial or municipal law relating to COVID-19 that applied to the health service facility, regional health authority or person, as the case may be, a n d (

b) the act or omission of th e health service facility, regional health authority or person, as the case may be, does not constitute gross negligence. (2) Subsection (1) applies notwithstanding any conflict or inconsistency in the public health guidance or laws applicable to the health service facility, regional health authority or person referred to in

section 2.

(3) For greater certainty, a difference in the degree of specificity respecting a matter does not constitute a conflict or inconsistency for the purposes of subsection (2). (4) Subsection (1) applies regardless of whether the cause of action arose before, on or after the day on which this

section comes into force.

(5) This

section applies, with any necessary modification, with respect to a person referred to in

section 2 who is vicariously liable for the acts or omissions of another person if subsection (1) would negate the liability of the other person in relation to the act or omission. No right to compensation or other remedy 5 No person is entitled to any compensation or any other remedy or relief for the extinguishment or termination of rights under this Act.

5 Non-application — required closure 6

Section 4 does not apply to acts or omissions of a health service facility, regional health authority or person referred to in

section 2 if the act or omission (

a) occurred while a law required the operation of the health service facility, regional health authority or person, as the case may be, to close, in whole or in part, and (

b) relates to an aspect of th e operation of the health service facility, regional health authority or person, as the case may be, that was required to close under the law. Non-application — other Acts 7(1)

Section 4 does not apply to any administrative process or proceeding under any other Act or regulations under any other Act.

(2) For greater certainty,

section 4 does not apply to an administrative process or proceeding, or a cause of action, if any, under any of the following Acts, including any regulations under those Acts: (

a) t h e Employment Standards Code; (

b) t h e Heroes’ Compensation Act; (

c) t h e Labour Relations Code; (

d) t h e Occupational Health and Safety Act; (

e) t h e Police Officers Collective Bargaining Act; (

f) the Public Service Employee Relations Act; (

g) t h e Workers’ Compensation Act, except sections 22 and 22.1 of that Act.

(3) For greater certainty,

section 4 does not affect any immunity provided in the Workers’ Compensation Act, including in sections 21 and 22 of that Act. Regulations 8(1) The Lieutenant Governor in Council may make regulations (

a) prescribing any other fac ility, person or class of persons for the purposes of

section 2(d);

6 (

b) prescribing facilities, per sons or classes of persons to whom

section 4 does not apply; (

c) imposing terms and conditions in respect of the application or non-application of

section 4; (

d) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

(2) A regulation made under subsection (1) may be made retroactive to a day not earlier than March 1, 2020. Coming into force 9 This Act has effect on March 1, 2020.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2021 (30th, 2nd) Bill 70, COVID-19 Related Measures Act

Document details

Collection	Alberta — Bills
Citation	L30 S2 11920
Type	bill
Volume / chapter	L30 S2 11920
Language	en
Format	json
Source	PROVINCIAL
Identifier	ce00c24445a2d36abbaa36279ffa92ee9835db36

Source file is stored in the law ingest library (json).