BILL 25

Volunteer Emergency Aid Act

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

Protection from civil liability

1 Despite the rules of common law, a person who in good faith voluntarily and without reasonable expectation of compensation or reward provides aid, advice or emergency medical services to the victim of an accident or a medical emergency at the immediate scene of the accident or emergency is not liable for damages that result from the person’s negligence in acting or failing to act, unless it is established that the damages were caused by the gross negligence of the person.

Exception

2 Section 1 does not apply to a person who provides aid, advice or emergency medical services in the course of his or her employment.

First Aid Regulation – Occupational Health and Safety Act

3 Schedule B of New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act is amended in section 1 under the heading “legal issues” by striking out “the principle of the Good Samaritan. The first aid attendant is aware of the legal considerations such as consent, reasonable skill and care and negligence” and substituting “the principles and application of the Volunteer Emergency Aid Act”.