Don't Hesitate To Act - You Are Protected

Good Samaritan laws exist to protect individuals who provide emergency assistance to others in distress. These laws encourage people to help in emergency situations without fear of legal liability if something goes wrong, provided they act in good faith and without gross negligence. In Canada, Good Samaritan legislation varies across provinces and territories, with each jurisdiction implementing slightly different approaches. This article examines the specific Good Samaritan provisions that exist across Canada.

Alberta

Legislation: Emergency Medical Aid Act, RSA 2000, c E-7

Alberta's Good Samaritan law protects individuals who provide emergency first aid at the scene of an accident or emergency. The key provisions include:

• Protection from liability for injuries or death resulting from acts or omissions while rendering emergency medical services, except in cases of gross negligence
• Covers both medical professionals and ordinary citizens
• Applies when aid is given voluntarily and without expectation of compensation
• Protection extends to care given at the immediate scene of an accident or emergency

The law specifically states that a person who "renders emergency medical services or first aid assistance" is not liable for damages unless there was "gross negligence."

British Columbia

Legislation: Good Samaritan Act, RSBC 1996, c 172

British Columbia's Good Samaritan Act offers relatively broad protection:

• Protects individuals who provide emergency medical assistance at the immediate scene of an accident or emergency
• No liability for damages caused by acts or omissions while providing assistance unless there was gross negligence
• Covers both medical professionals and ordinary citizens
• Protection applies whether on or off duty (for medical professionals)

Additionally, BC has the Emergency Program Act that protects volunteers during declared emergencies, and the Alcohol-Related Harm Reduction Strategies and Programs Act, which protects individuals seeking emergency help for an overdose.

Manitoba

Legislation: The Good Samaritan Protection Act, CCSM c G65

Manitoba's legislation offers comprehensive protection:

• Protects individuals who voluntarily provide emergency assistance at the scene of an accident or emergency
• No liability for damages caused by acts or omissions while rendering assistance unless there was gross negligence
• Covers healthcare professionals, ordinary citizens, and off-duty emergency personnel
• Specifically mentions protection for those using automated external defibrillators (AEDs) in emergencies

The Act defines "gross negligence" as "conduct that demonstrates reckless disregard for the safety of the person who requires emergency medical services."

New Brunswick

Legislation: Volunteer Emergency Aid Act, SNB 2016, c 17

New Brunswick's legislation provides:

• Protection for individuals who voluntarily provide emergency assistance at the scene of an accident or emergency
• No liability for damages resulting from acts or omissions while providing emergency assistance unless there was gross negligence
• Covers both healthcare professionals and non-professionals
• Applies to assistance provided without expectation of compensation

The Act specifically states that it "does not affect the liability of a person for damages caused by gross negligence in providing emergency services."

Newfoundland and Labrador

Legislation: Emergency Medical Aid Act, RSNL 1990, c E-9

Newfoundland and Labrador's law provides that:

• A person who provides emergency first aid assistance at the scene of an accident or emergency is not liable for damages
• Protection applies unless there was gross negligence
• Covers both healthcare professionals and ordinary citizens
• Applies to assistance provided voluntarily and without expectation of compensation

The Act explicitly excludes protection for gross negligence, defined as "a very marked departure from the standard of care that a reasonable person would take in those circumstances."

Northwest Territories

Legislation: Emergency Medical Aid Act, RSNWT 1988, c E-4

The Northwest Territories' legislation stipulates that:

• No liability for damage caused by acts or omissions while rendering emergency medical services or first aid
• Applies to assistance given at the immediate scene of an accident or emergency
• Covers both medical professionals and ordinary citizens
• Protection does not extend to cases of gross negligence

The Act emphasizes voluntary assistance rendered at the scene of an emergency without expectation of compensation.

Nova Scotia

Legislation: Volunteer Services Act, SNS 1989, c 497

Nova Scotia's approach differs slightly, with the Volunteer Services Act providing that:

• Volunteers (including those providing emergency assistance) are not liable for damages caused by acts or omissions
• Protection applies unless the damage was caused by willful or criminal misconduct or gross negligence
• Covers registered volunteers and those who spontaneously volunteer in emergencies
• Includes protection for emergency medical assistance

Additionally, Nova Scotia has specific provisions for healthcare professionals in the Medical Act and the Regulated Health Professions Network Act.

Nunavut

Legislation: Emergency Medical Aid Act, RSNWT (Nu) 1988, c E-4

Nunavut's legislation, which mirrors the Northwest Territories' law, provides that:

• No liability for damages resulting from acts or omissions while providing emergency medical services
• Applies to assistance given at the immediate scene of an accident or emergency
• Covers both medical professionals and ordinary citizens
• Does not extend to cases of gross negligence

The Act specifies that the assistance must be given voluntarily and without expectation of compensation.

Ontario

Legislation: Good Samaritan Act, 2001, SO 2001, c 2

Ontario's Good Samaritan Act states that:

• No liability for damages resulting from acts or omissions while providing emergency first aid assistance
• Protection applies unless there was gross negligence
• Covers both healthcare professionals and ordinary citizens
• Specifically includes protection for using automated external defibrillators (AEDs)

Additionally, Ontario has the Chase McEachern Act (Heart Defibrillator Civil Liability Act), which specifically protects individuals who use defibrillators in emergencies.

Prince Edward Island

Legislation: Volunteers Liability Act, RSPEI 1988, c V-5

Prince Edward Island's legislation provides that:

• No liability for damages caused by acts or omissions while voluntarily providing emergency assistance
• Protection does not extend to gross negligence
• Covers both healthcare professionals and ordinary citizens
• Applies to assistance provided without expectation of compensation

The Act specifically protects those providing "services, assistance or advice in an emergency situation."

Quebec

Legislation: Civil Code of Quebec, CQLR c CCQ-1991, Article 1471

Quebec's approach is unique, as Good Samaritan provisions are embedded within the Civil Code rather than in standalone legislation:

• Article 1471 states that a person who comes to the aid of another is exempt from liability for injury that may result
• Protection does not apply in cases of intentional or gross fault
• There is also a duty to help under Article 2 of the Quebec Charter of Human Rights and Freedoms
• The Civil Code balances protection for those who help with a legal duty to assist persons in danger

Unlike other provinces, Quebec imposes a duty to rescue through Article 2 of the Charter, which states that "Every human being whose life is in peril has a right to assistance. Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason."

Saskatchewan

Legislation: The Emergency Medical Aid Act, RSS 1978, c E-8

Saskatchewan's legislation provides that:

• No liability for damages resulting from acts or omissions while providing emergency first aid, medical services, or assistance
• Protection applies unless there was gross negligence
• Covers both healthcare professionals and ordinary citizens
• Applies to assistance provided at the immediate scene of an emergency

The Act defines gross negligence as "conduct in giving emergency medical services that demonstrates reckless disregard for the safety of the person to whom the services are given."

Yukon

Legislation: Emergency Medical Aid Act, RSY 2002, c 70

Yukon's Good Samaritan law states that:

• No liability for damage caused by acts or omissions while rendering emergency medical services or first aid
• Protection applies unless there was gross negligence
• Covers both medical professionals and ordinary citizens
• Applies to assistance given at the immediate scene of an accident or emergency

The Act specifically requires that the assistance be given voluntarily and without expectation of compensation.

Federal Good Samaritan Drug Overdose Act

In addition to provincial legislation, Canada has a federal Good Samaritan Drug Overdose Act (S.C. 2017, c. 4), which provides:

• Protection from certain charges for drug possession for individuals who call emergency services during an overdose
• Protection extends to anyone who is at the scene when emergency help arrives
• Designed to encourage people to seek help during overdose emergencies without fear of prosecution
• Does not provide protection for outstanding warrants, drug trafficking, or other crimes

This federal Act works alongside provincial Good Samaritan laws but specifically addresses the context of drug overdoses.

Key Similarities and Differences

While all Canadian provinces and territories have some form of Good Samaritan protection, there are notable variations:

• Standard of Care: All jurisdictions exclude protection for "gross negligence," though the definition varies slightly.
• Scope of Protection: Some laws specifically mention protection for using AEDs (Manitoba, Ontario), while others have broader language.
• Duty to Rescue: Quebec is unique in imposing a legal duty to help through its Charter of Human Rights and Freedoms.
• Professional Status: All laws protect both healthcare professionals and ordinary citizens.
• Location Requirements: Most specify that protection applies at "the immediate scene" of an emergency.
• Expectation of Compensation: Nearly all laws specify that assistance must be given without expectation of compensation.

Conclusion

Good Samaritan laws across Canada share the common purpose of encouraging individuals to provide emergency assistance without fear of legal liability. While the specifics vary by jurisdiction, the core principles remain consistent: protection for those who act in good faith to help others in emergencies, with the exception of cases involving gross negligence. These laws serve the important social function of promoting a society where citizens are willing and able to help one another in times of crisis.

For individuals considering rendering emergency assistance, it's important to understand that these laws provide significant protection across Canada, encouraging timely intervention that can save lives.  Contact AED.ca with any questions.  

 

 

 

AED, AED Laws, First Aid Laws, Liability, AED Liability, First Aid Liability