Volunteer Services Act

Published: 2016-01-05

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Volunteer Services Act

("Good Samaritan")

amended 1992, c. 34size>

An Act Respecting the Protection

of Persons Who Voluntarily
Render Services or Assistance

Short title
1 This Act may be cited as the Volunteer Services Act. R.S., c. 497,s. 1.

2 (1) In this Act, "volunteer" means any individual, not in receiptof fees, wages or salary for the services or assistance within the meaningof this Act, who renders services or assistance, whether or not that individual has special training to render the service or assistance and whetheror not the service or assistance is rendered by the individual alone or inconjunction with others and includes an individual, corporation ororganization that donates or distributes, for free, food or sundries tothose in need.

Volunteer fire-fighter
(2) For greater certainty, a person who is a volunteer fire-fighter isnot, for the purpose of subsection (1), in receipt of fees, wages or salaryby reason only of receiving a payment, not made as a result of anemployer-employee relationship, in recognition of services performed bythat person as a fire-fighter or for performing services customarilyrendered by a volunteer fire department. R.S., c. 497, s. 2; 1992, c. 34, s. 1.

Emergency assistance to person
3 Where, in respect of a person who is ill, injured or unconscious asa result of an accident or other emergency, a volunteer renders servicesor assistance at any place, the volunteer is not liable for damages forinjuries to or the death of that person alleged to have been caused by anact or omission on the part of the volunteer while rendering services orassistance, unless it is established that the injuries or death were causedby gross negligence on the part of the volunteer, and no proceeding shallbe commenced against a volunteer which is not based upon his allegedgross negligence. R.S., c. 497, s. 3.

Assistance respecting endangered property
4 Where, in respect of real or personal property in danger, avolunteer renders services or assistance to protect or preserve theendangered property, the volunteer is not liable for damage resulting tothe property alleged to have been caused by an act or omission on thepart of the volunteer while rendering services or assistance, unless it isestablished that the damage was caused by gross negligence on the partof the volunteer, and no proceeding shall be commenced against avolunteer which is not based upon his alleged gross negligence. R.S.,c. 497, s. 4.

Food or sundries to person in need
4A A volunteer is not liable for damages incurred as a result of injury,illness, disease or death resulting from the consumption of food or theuse of sundries by a person in need unless it is established that

(a) the injury, illness, disease or death was caused by the grossnegligence or the wilful misconduct of the volunteer; or

(b) the volunteer knew that the food or sundries were contaminated or otherwise unfit for human consumption or use at the timeof donation or distribution, respectively. 1992, c. 34, s. 2.

Common law
5 Sections 3 and 4 are declaratory and shall be deemed to be thecommon law of the Province as it always has been and as it is. R.S.,c. 497, s. 5; 1992, c. 34, s. 3.

6 (1) The Governor in Council may make regulations specifyingitems that are to be included in the definition of "sundries".

Regulations Act
(2) The exercise by the Governor in Council of the authority containedin subsection (1) shall be regulations within the meaning of theRegulations Act. 1992, c. 34, s. 4.