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BILL NO. 66

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018



Private Member's Bill



Volunteer Services Act
(amended)



Keith Bain
Victoria–The Lakes



First Reading: February 27, 2018

(Explanatory Note)

Second Reading: March 1, 2018

Third Reading: April 13, 2018 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Note

This Bill protects from prosecution

(a) a volunteer, who uses an automatic external defibrillator in an emergency situation to assist a person, unless the injury, illness, disease or death resulting from the use of the automatic external defibrillator was due to the volunteer's wilful misconduct or gross negligence; and

(b) a person or organization responsible for an automatic external defibrillator unless the defibrillator is not maintained in accordance with the manufacturer's and other applicable guidelines.

An Act to Amend Chapter 497
of the Revised Statutes, 1989,
the Volunteer Services Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 497 of the Revised Statutes, 1989, the Volunteer Services Act, is amended by adding immediately after Section 4A the following Section:

    4B (1) A volunteer is not liable for damages incurred as a result of injury, illness, disease or death resulting from the use of an automatic external defibrillator unless it is established that the injury, illness, disease or death was caused by the gross negligence or the wilful misconduct of the volunteer and no proceeding shall be commenced against the volunteer that is not based upon the alleged gross negligence or wilful misconduct of that person.

    (2) A person or organization responsible for an automatic external defibrillator is not responsible for damages incurred as a result of injury, illness, disease or death resulting from the use of the automatic external defibrillator unless it is established that the person or organization did not take reasonable steps to ensure the defibrillator was maintained in accordance with the manufacturer's guidelines and other applicable guidelines.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created April 17, 2018. Send comments to legc.office@novascotia.ca.