Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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+ Volunteer Protection Act

Legislature :
54
Session :
5
Bill No. :
59
Member :
Mr. Shawn Graham
First Reading :
2003-4-8
Second Reading :
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 59

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           In this Act,



"damage" includes both physical and non-physical losses and both economic and non-economic losses;



"economic loss" means any pecuniary loss resulting from damage, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs and loss of business or employment opportunities;



"health care facility" means a facility as defined in the Regional Health Authority Act;



"municipality" means a municipality as defined in the Municipalities Act;



"non-economic losses" means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of companionship, loss of consortium, other than loss of domestic service, injury to reputation and all other non-pecuniary losses;



"non-profit organization" means any non-profit body corporate or society incorporated under the Companies Act organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, health, sport, recreation, tourism, heritage or culture purposes, and includes a parent school support committee, a district education council or a provincial board of education as defined by the Education Act, a municipality, a volunteer firefighter department, a health care facility or a regional health authority and, for greater certainty, includes each body designated as a non-profit organization by the Lieutenant Governor in Council in the regulations;



"regional health authority" means a body designated as a regional health authority pursuant to the Regional Health Authority Act;



"volunteer" means an individual performing services for a non-profit organization who does not receive in respect of those services



(a)                      compensation, other than reasonable reimbursement or allowance for expenses actually incurred, or



(b)                      money or any other thing of value in lieu of compensation in excess of five hundred dollars per year,



and may include a director, officer, trustee or employee of the organization.



2(1)                              Subject to subsection (2), a volunteer of a non-profit organization shall not be liable for damage caused by an act or omission of the volunteer on behalf of the organization if



(a)               the volunteer was acting within the scope of the volunteer's responsibilities in the non-profit organization at the time of the act or omission; and



(b)               the volunteer was properly licensed, certified or authorized, if required by law, by the appropriate authorities for the activities or practice undertaken by the volunteer at the time the damage occurred.



2(2)                   The limitations on the liability of a volunteer under this Act do not apply if



(a)               the damage was caused by willful, reckless or criminal misconduct or gross negligence by the volunteer;



(b)               the damage was caused by the volunteer while operating a motor vehicle, vessel, aircraft or other vehicle for which the owner is required by law to maintain insurance;



(c)                the act or omission which caused the damage constitutes an offence; or



(d)               the volunteer was unlawfully using or impaired by alcohol or drugs at the time of the act or omission which caused the damage.



2(3)                              Nothing in this section affects the liability of any non-profit organization with respect to damage caused to any person, including damage caused by an act or omission of a volunteer of the organization, for which the volunteer is not liable pursuant to subsection (1).



2(4)                   For greater certainty, where damages are awarded against or any amount is paid by a non-profit organization in respect of damage caused by a volunteer of the organization for which the volunteer is not liable pursuant to subsection (1), the organization has no right of recovery against the volunteer.



3                           This Act applies to any claim for damage caused by an act or omission of a volunteer where that claim is filed on or after the coming into force of this Act.



4                           The Lieutenant-Governor in Council may make regulations



(a)                      designating any agency, association, board, commission, corporation, office, society or other body as a non-profit organization;



(b)                      defining any word or expression used but not defined in this Act;



(c)                      deemed necessary or advisable to carry out effectively the intent and purpose of this Act.



5                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

Legislative Assembly of New Brunswick
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