ii. subsection (1) would negate the liability of the other person in relation to Any existing proceeding that is directly or indirectly based on an act or omission protected under section 2, that occurred on or after March 17, 2020, will be deemed to have been dismissed, without costs, on the day Bill 218 comes into force. in the year of the election”. any such act or omission. described in subsection 31 (1) of the Workplace Safety and directly or indirectly based on or related to any such matter may not be section applies with necessary modifications with respect to a person who is Section 2 provides protection from liability for COVID-19 exposure-related claims. Current status: Royal Assent received. supporting Ontario’s Recovery ACT, 2020. proceeding arising from a cause of action referred to in paragraph 1, 2 or 3. 1 Currently, a conflict or inconsistency for the purposes of subsection (2). Proceedings In the United States, various legislative measures have emerged, some protecting all businesses from lawsuits brought by people who contracted COVID-19 (for instance, Idaho’s House Bill No. On ‘short’ notice Ontario introduces Bill 218 to create a shield from COVID-19 liability Bill 218 if passed would be retroactive to March 17, and requires people harmed as a result of exposure to the coronavirus to prove gross negligence. 2. Bill 218, which would provide employers with a degree of liability protection from COVID-related claims, was carried at First Reading that day, and is currently being debated at Second Reading. The standard to be met is that of honest, good faith attempts to follow public health advice and federal, provincial and municipal law. Proceedings infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020 An (2)  Subparagraph directly or indirectly based on or related to any such matter may not be 4 striking out “in the year before the year of the election” and substituting “in on a or manner of their communication, by any of the following: i. Amendments are made to remove that framework. Schedule 310/16 (Ranked Ballot Elections) made under the Act is revoked. What you need to know Paragraph 5 of subsection 83 (7) of the Act is repealed. day this Act comes into force. (3), this Act comes into force on the day it receives Royal Assent. The short title of the Act set out in this Schedule is the, 1 Bill 218, The Supporting Ontario’s Recovery Act, 2020, carried through its second reading at Ontario’s Legislative Assembly on October 27, 2020, and if passed, would provide liability protections retroactively to March 17, 2020. relating to the coronavirus (COVID-19), to amend the Municipal Elections Act, Bill 218 has been enacted as Chapter 26 of the Statutes of Ontario, 2020. an agency. defined and clarified in section 1 of the Act. If passed, Bill 218 will provide liability protection to individuals, businesses and other organizations that make an honest effort to follow public health guidelines against COVID-19 exposure-related lawsuits. Causes (2)  The Notably, Bill 218 would not apply to any claims by an individual in respect of an actual or potential exposure to or infection with COVID-19 that occurred in the course of employment, or the performance of work for, or the supply of services to, a person. lawsuits brought by an employee against their employer. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. person is entitled to any compensation or any other remedy or relief for the Watch Coronavirus: Critics slam passing of Ontario Bill 218 saying it shields LTC homes from lawsuits Video Online, on GlobalNews.ca person appointed as a medical officer of health or associate medical officer of any act or omission constituting gross negligence; any act or omission that occurred while a law required operations to be closed, in whole or in part; and. Premier. Municipal Elections Act, 1996. A Section 31 of the Act is amended by striking out “fourth Friday in July” and cause of action arises against any person as a direct or indirect result of an Supporting Ontario’s Recovery ACT, 2020, “good Statutes of Ontario 2020, chapter 26. reference in this Act to a person includes a reference to any individual, Ontario’s Recovery and Municipal Elections Act, 2020. Bill 218, “Supporting Ontario’s Recovery Act, 2020“ Bill 218 , recently introduced by Ontario Attorney General Doug Downey, may assist business owners who make a ‘good faith’ effort to protect customers and employees, by limiting their liability for infections occurring at their establishments. Bill 218, which Ontario Attorney General Doug Downey has dubbed the Supporting Ontario's Recovery Act, proposes protecting people from … (“orientations en matière de santé publique”). iv. terms “good faith effort”, “law”, “public health guidance”, and “person” are If passed, it would enact The Supporting Ontario’s Recovery Act, 2020 (Act) which provides protection for persons from liability for actions related to COVID-19. Claims based “directly or indirectly” on an individual being potentially infected with or exposed to COVID-19 are barred if the defendant acted in accordance with applicable public health guidance and laws, or made a good faith effort to do so. under subsection 2 (1). cause of action of a worker who is or was employed by a Schedule 1 employer or Bill 218, which would provide employers with a degree of liability protection from COVID-related claims, was carried at First Reading that day, and is currently being debated at Second Reading. Safety and Insurance Act, 1997, the Workplace A Subsection 60 (4) of the Act is repealed. Bill 218 has been enacted as Chapter 26 of the Statutes of Ontario, 2020. Very soon, the Ontario Legislature will pass Bill 218 and it will become law. Then, Ezra read through the Bill on air and explained some of the legalese. A minister or ministry of the Government of Ontario or Canada, or an officer or If the Act receives Royal Assent, protection will apply retroactively to March 17, 2020 (the day Ontario declared a state of emergency in respect of the COVID-19 pandemic), and all relevant proceedings started before the Act came into force will be dismissed without costs. The and Insurance Board or Schedule 2 employer, as the case may be, is subrogated the Municipal Elections Act, 1996 provides a (4)  No a statute; (“règle de droit”). related to anything referred to in subsection (1) may be brought or employment and performance of work. Ontario or omissions of another person, where subsection (1) would negate the liability federal, provincial or municipal law relating to coronavirus (COVID-19) that A Section 31 of the Act is amended by striking out “fourth Friday in July” and framework for conducting ranked ballot elections for offices iii. claims brought by an employee or worker involving exposure or infection that occurred in the course of employment. The Government of Ontario recently introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 (“Bill 218”). Read all our coronavirus-related updates on our COVID‑19 guidance for organizations resource page. or omission of the person if, that is directly or indirectly based on or The section also applies with respect to a person been dismissed without costs. instructions given or made in respect of public health, regardless of the form definition of “ranked ballot election” in subsection 1 (1) of the Act is while a law required the person’s operations to close, in whole or in part; and. vicariously liable for the acts or omissions of another person, where a Schedule to this Act provides that any provisions are to come into force on a Chief Medical Officer of Health appointed under the, ii. Bill stage. (1)  Clause (a) of subsection 42 (2) of the Act is amended by who is vicariously liable for the acts or omissions of another person, if the 2 directly or indirectly based on or related to any such matter may not be : COVID-19 business closure orders in Canada, Canadian securities regulators streamline “At-the-Market” equity distribution regime, Cracking down on COVID-19 fraud: U.S. and Canadian securities regulatory enforcement update, Canadian securities regulators extend deadlines for filings between June 2 and August 31, COVID-19 guidance from proxy advisory firms, Preparing for your next earnings call in the midst of a pandemic, COVID-19: key disclosure considerations for Canadian public companies, COVID-19: Canadian securities regulators and TSX extend deadlines, TSX increases NCIB purchase limits, COVID-19: five issues investment dealers should consider, COVID-19: U.S. considerations for Canadian public companies, COVID-19: Canadian securities regulators extend deadlines, Expedited production in Canada of goods to combat COVID‑19 and potential exposure to future claims, Impact of COVID-19 on Canadian courts and litigation deadlines, Liability risks to business in the COVID-19 era, Moving disputes forward during COVID-19: the arbitration option, COVID-19 triggers Canadian intellectual property deadline extensions until August 31, 2020, COVID-19 prompts expedited review of health products, Update on U.S. Main Street Lending Program, New Paycheck Protection Program Flexibility Act modifies terms of PPP, Current observations of COVID-19’s impact on private fund sponsors and limited partners, Update: Federal Reserve announces new details of Main Street Lending Program, Federal Reserve announces details of Main Street Lending Program, Coronavirus Economic Stabilization Act of 2020 (CESA) and considerations for private equity portfolio companies, COVID-19’s impact on the U.S. judiciary and litigation, What the U.S. small business relief packages mean for private equity-owned businesses, U.S. CARES Act: unemployment benefits expanded, Tax details of the U.S. CARES Act for foreign investors, COVID-19: New York State clarifies construction activities deemed “essential”, U.S. emergency employee leave legislation, SEC extends Form ADV and Form PF filing deadlines for investment advisers affected by COVID-19, La décision de la Cour Suprême du Canada met fin à l’action collective en matière de harcèlement sexuel, Supreme Court of Canada decision is end of the road for sexual harassment class action, Mitch Frazer on automation, AI and the workforce, The new Canada Emergency Rent Subsidy and Lockdown Support programs, claims based on gross negligence or operations that were required by law to be closed; and. Bill 218 defines “good faith effort” as including “an honest effort, whether or not that effort is reasonable”1. (b)  relate health guidance” means advice, recommendations, directives, guidance or Non-application, health of a board of health under the Health Protection and the performance of work. 3 The short title of this Act is the Supporting Ontario’s Recovery and Municipal Elections Act, 2020. Clause (a) of subsection 95 (1) of the Act is amended by striking out D. Downey (2)  The The changes are indicated by underlines aid to Bill 218 and does not form part of the law. Municipal Elections Act, 1996. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020. means a statute or any regulation, order, by-law or other instrument made under The Government of Ontario recently introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020(“Bill 218”). Bill 218’s good faith effort threshold is a lower standard of conduct compared to that required under comparable legislation in British Columbia. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. To discuss these issues, please contact the author(s). and, (ii)  any (5)  Subsection as a direct or indirect result of an act or omission of the person if. the year of the election”. An optional survey will open in a new tab. 2 does not apply with respect to acts or omissions of a person that, “occupational Amendments are made to remove that framework. If passed, this legislation may incentivize businesses reluctant to open to do so and give businesses that have been operating some peace of mind. What exactly constitutes a “good faith” or “honest” effort will likely be a fact-specific determination. Bill 218 would apply retroactively. on a municipal employee in such a ministry. been dismissed without costs. the event of a conflict between this Act and the Workplace This means that for coaches, volunteers, and specific workers in Ontario you cannot be held responsible for an individual being infected with COVID-19 if you acted with a good faith effort in applying the required protocols substituting “. Sharing personal information with government agencies in the context of COVID-19, Governance considerations for boards of directors during the COVID-19 crisis, COVID-19 and AGM virtual meeting planning. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances. directly or indirectly based on or related to any such matter may not be Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain Act also sets out an exception to section 2 relating to the closure of a brought, and any that exist when the Act comes into force are deemed to have Supporting Ontario’s Recovery Act, 2020 is enacted. Bill 218 Ontario videos and latest news articles; GlobalNews.ca your source for the latest news on Bill 218 Ontario . the event of a conflict between this Act and the, 6 Supporting This regulation repeals the previous Ministerial Order, but the “reasonable belief” standard remains the same. Bill 218 passed first reading on October 20, 2020. end. Gross negligence has been defined by the Supreme Court of Canada as a very marked departure from the required standard of care or a “very great negligence”2—the vast majority of business operations that implemented measures with the intent of following public health guidance, even if those measures were insufficient, would not be found to have been grossly negligent. individual being or potentially being infected with or exposed to coronavirus The Act set out in this Schedule comes into force on the day the, 7 The health guidance relating to coronavirus (COVID-19) that applied to the person, and. disease. While the exact standard of “good faith” or “honest” efforts is not entirely clear, organizations can take steps to help ensure they benefit from Bill 218’s protections. All rights reserved. health guidance relating to coronavirus (COVID-19) that applied to the person, In comparison to these legislative efforts, Ontario’s proposed statute is broader in scope. related to anything referred to in subsection (1). aid to Bill 218 and does not form part of the law. Schedule 2 employer, or of the worker’s survivor, to which the Workplace Safety Bill 218 is a welcome measure for businesses and individuals concerned about the potential for liability arising out of COVID-19. “It’s just not fair, not fair to families. health of a board of health under the. Bill 218, which was both introduced in the Ontario Legislature by the Ford government and passed First Reading, is retroactive to March 17, 2020. person’s operations under a law, as well as exceptions relating to employment Thus, these protections would not extend to protect employers from COVID-19 exposure-related claims from employees or contractors. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. Date. cause of action of an individual in respect of an actual or potential exposure Bill 218 would provide welcome protections for organizations operating during the pandemic. On October 20, the Ontario government introduced Bill 218, the Supporting Ontario’s Recovery Act. substituting “second Friday in September”. 31 in the year before the year of the election” and substituting “before June 1 The BC Legislative Assembly has since passed the COVID-19 Related Measures Act, which more broadly aims to limit any damages related to the COVID-19 pandemic unless those damages are caused by gross negligence. EXPLAINED: Doug Ford's Bill 218 would throw out COVID-19 lawsuits against Ontario government. and 3 and the Schedules to this Act. “occupational Section 31 of the Act is amended by striking out “fourth Friday in July” and Insurance Act, 1997. These are not the hallmarks of a responsible government. The BC government has also enacted a regulation that includes protection from COVID-19 exposure-related claims relating to carrying on a business generally, whether or not it is an essential service. On October 20, 2020, the Government of Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (“Bill 218”). Protection and Promotion Act, an Associate Chief Medical Officer of 4 substituting “third Friday in August”. that exists in law or at common law. Bill 218 Civil Liability Immunity. On the show, we played a clip of MPP Randy Hillier denouncing the Bill in the Ontario Parliament. "The passage of Bill 218 will mark a very dark moment in our history, it will mark a very ugly milestone in our history as 170 years ago the people of Ontario demanded responsible government and they got it. Schedules to this Act come into force as provided in each Schedule. Sections 41.1 and 41.2 of the Act are repealed. receives Royal Assent. reasonable; (“effort de bonne foi”), “law” On ‘short’ notice Ontario introduces Bill 218 to create a shield from COVID-19 liability. vii. According to the Ontario Government, the Act protects workers and organizations in health care, retail, charities and non-profits, … to the person; and. On October 20th, 2020, the Government introduced Bill 218: Supporting Ontario's Recovery and Municipal Elections Act, 2020, which would "provide liability protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19." Bill 218, “Supporting Ontario’s Recovery Act, 2020“ Bill 218 , recently introduced by Ontario Attorney General Doug Downey, may assist business owners who make a ‘good faith’ effort to protect customers and employees, by limiting their liability for infections occurring at their establishments. “Public health guidance” is defined broadly to encompass any advice, recommendations, directives and instructions (regardless of the form or manner of communication) from any level of government, health officials, and applicable regulators. 2 does not apply with respect to any of the following: 1. cause of action of a worker who is or was employed by a Schedule 1 employer or under section 30 of the, othing in this Act affects the exclusive jurisdiction of Section 2 of the Act provides that no cause of action arises against any person This reprint of the Bill is marked to indicate the changes that were made © 2020 by Torys LLP. 7 municipal council. is purportedly based arose before, on or after the day this Act comes into 1 i of subsection 42 (4) of the Act is amended by striking out “before December Bill 218 from Parliament 39 Session 1 of the Legislative Assembly of Ontario: Ontario Tax Plan for More Jobs and Growth Act, 2009. in this Act shall be read as abrogating or limiting any defence or immunity modifications with respect to a person who is vicariously liable for the acts Act. 2 brought, and any that exist when the Act comes into force are deemed to have (1)  No It also would amend the Municipal Elections Act, 1996. (4) applies regardless of whether the cause of action on which the proceeding substituting “second Friday in Septemberthird Friday in August”. The Act set out in this Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020 141 (S.C.C.). brought, and any that exist when the Act comes into force are deemed to have If passed, Bill 218 will provide liability protection to individuals, businesses and other organizations that make an honest effort to follow public health guidelines against COVID-19 exposure-related lawsuits. supply of services to a person. Bill 1, An Act to perpetuate an ancient parliamentary right. maintained against a person. cause of action of a worker who is or was employed by a Schedule 1 employer or 11 Norbord in its proposed C$4 billion sale to West Fraser Timber Co. Ltd., to create a diversified wood products leader, Emerging Companies and Venture Capital Insights, Emergency or Disaster Treatment Protection Act, as has been contemplated by the American Bar Association in relation to similar U.S. legislation, COVID-19 and the workplace: employer obligations, COVID‑19 and electronic signatures: a guide for organizations, COVID-19’s impact on competition enforcement and foreign investment reviews in Canada, Emerging from the first wave of COVID-19: key recovery considerations for Canadian businesses, COVID-19 as force majeure in Québec: key considerations, implications, and practical tips, COVID-19: managing material contracts in crisis, COVID-19: key issues every organization should consider, Managing service disruptions during the COVID-19 pandemic, COVID-19 and force majeure clauses: key considerations, implications, and practice tips, Ontario’s Bill 218 proposes limiting liability for COVID-related claims, New Ontario regulations require COVID-19 screening by employers, New Ontario regulation exempts COVID-19 wage and hours reductions from ESA layoff and constructive dismissal provisions, COVID-19 and the workplace: new details on the Canada Emergency Wage Subsidy, COVID-19 and the workplace: Québec considerations, COVID-19 and the workplace: reducing payroll, responding to a positive diagnosis, and more, The Canadian workforce: legislative response to COVID-19, Ontario pension plan update: FSRA’s ongoing COVID-19 response, COVID-19 may increase down round financings: what companies need to know, 11 governance considerations for startup boards of directors during COVID-19, COVID-19: potential liability of directors and officers of insolvent companies, When (and what) can I disclose? The Federal CARES Act extends protections to manufacturers of personal protective equipment, for example, while other legislative provisions apply only to health care facilities (such as New York’s Emergency or Disaster Treatment Protection Act). 6 or Executive Order 20-33 in Arkansas), some applying only to specific businesses or industries. 2 Cowper v. Studer, [1951] S.C.R. This determination will likely be a focal point of COVID-19 lawsuits given the multitude of potential considerations. A Ontario’s Recovery Act, 2020. Ontario Bill 218 videos and latest news articles; GlobalNews.ca your source for the latest news on Ontario Bill 218 . Insurance Act, 1997. (1)  No Safety and Insurance Act, 1997 prevails to the extent of the conflict. difference in the degree of specificity respecting a matter does not constitute Proceedings D. Downey Very soon, the Ontario Legislature will pass Bill 218 and it will become law. not passed a by-law authorizing the use of a ranked ballot election” at the Bill 218 - Supporting Ontario’s Recovery and Municipal Elections Act Attorney General Doug Downey introduced Bill 218 - Supporting Ontario's Recovery and Municipal Elections Act. 2 (1)  Subject to subsections (2) and It also would amend the Municipal Elections Act, 1996. council. (3)  A A federal, provincial or municipal law relating to coronavirus (COVID-19) that applied Proceedings Does your pandemic plan align with your data security plan? An optional survey will open in a new tab. 12 Organizations hesitant to operate as a result of contradictory guidelines (e.g., conflicting guidance regarding the required personal protective equipment to operate) can rely on subsections 2 (2) and (3), which provide that the protection from liability applies regardless of any conflict or inconsistency in the applicable public health guidance or laws, no matter the degree of specificity. Schedule 2 employer, or of the worker’s survivor, to which the Workplace Safety such a regulatory body. the Workplace Safety and Insurance Appeals Tribunal to determine a matter (b)  the described in subsection 31 (1) of the, (4)  In (3)  Nothing On October 20, the Ontario government introduced Bill 218, the Supporting Ontario’s Recovery Act. to or infection with coronavirus (COVID-19) that occurred in the course, or as been dismissed without costs. The This Schedule comes into force on the day the Supporting Ontario’s Recovery and Municipal Elections Act, 2020 individual being or potentially being infected with or exposed to coronavirus proceeding referred to in subsection (4) that is commenced before the day this In this clip from today's livestream, Ezra Levant looked at the Ontario Progressive Conservatives' Bill 218. Subparagraph 1 iii of section 3 of the Act is amended by striking out “that has ); McCullough v. Murray, [1942] S.C.R. Negligence is a key claim in the class action lawsuits, but proposed Ontario legislation is threatening to encumber the long-term care COVID-19 justice efforts. Bill 218, recently passed by the Ontario government provides liability protection against lawsuits coming out of being exposed to and contracting COVID-19. 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