Government Protects Essential Service Providers from COVID-19 Liability
By John G. Mendes and Buck D. Hughes
John G. Mendes, Partner Buck D. Hughes, Associate
Phone: 604-685-4822 Phone: 604-674-3357
Email: jgm@lmlaw.ca Email: bdh@lmlaw.ca
On April 22, 2020, BC’s Minister of Public Safety and Solicitor General issued a revised order protecting essential service providers (such as strata managers) from liability resulting from transmission of SARS-CoV-2 if they provided their essential service, or reasonably believed they did so, in accordance with all applicable “emergency and public health guidance”. The order applies from April 22, 2020 until the state of emergency in the Province ends. The original order, issued on April 2, 2020, provides equivalent protection from that date.
We encourage property managers to review the full text of the order, which is available via this link: http://www.bclaws.ca/civix/document/id/mo/mo/2020_m120
Section 1 of the order lists the emergency and public health guidance that must be followed to take advantage of this protection:
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- Orders under the Emergency Program Act
The following website provides a list of ministerial orders in 2020:
http://www.bclaws.ca/civix/content/mo/mo/1115649140/?xsl=/templates/browse.xsl.
Orders pertaining to COVID-19 start at M082. We encourage property managers to review the orders after M082, particularly M089 – Residential Tenancy (COVID-19), and M114 – Electronic Attendance at Strata Property Meetings (COVID-19).
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- Instructions or orders of a health officer, as defined in the Public Health Act
The following website provides a list of COVID-19 related orders issued by the British Columbia Provincial Health Officer:
The following website provides links to orders issued by the Medical Health Officer for Fraser Health Region, including orders pertaining to fitness facilities: https://www.fraserhealth.ca/health-topics-a-to-z/coronavirus/mho#.XqnpemhKiUl.
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- Guidelines of the British Columbia Centre for Disease Control
The following website provides a list of recommended measures issued by the BC Centre for Disease Control to prevent the spread of COVID-19: http://www.bccdc.ca/health-info/diseases-conditions/covid-19/prevention-risks.
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- Guidelines of the Public Health Agency of Canada
The following website provides a list of measures issued by the Public Health Agency of Canada to prevent the spread of COVID-19: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/prevention-risks.html.
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- Guidelines published on a website maintained by or on behalf of the government
The following BC government website provides recommended steps for strata councils to lower the risks from COVID-19 for residents and staff, and a link to the Real Estate Council of British Columbia’s COVID-19 related advice for strata property managers:
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- Guidelines of a health authority
The following website provides recommended measures by Vancouver Coastal Health for preventing the spread of COVID-19:
http://www.vch.ca/covid-19/about-covid-19/prevention.
Fraser Health has issued printable posters on topics such as mandatory quarantine for returning travelers, physical distancing, self-isolation, COVID-19 testing, hand washing, and telephone contact numbers for information about COVID-19 at the following website:
https://www.fraserhealth.ca/health-topics-a-to-z/coronavirus/resources#.XqnmGmhKiUk
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- Guidelines of a regulatory authority or body having jurisdiction with respect to a person operating or providing essential services
The following website provides a link to a PDF download of the Real Estate Council of British Columbia’s COVID-19 Information for Strata Managers:
https://www.recbc.ca/covid-19-guidance-real-estate-professionals?tab=Strata-Management.
This PDF provides recommendations for strata managers on topics such as communications with clients and holding general meetings.
All of these sites should be monitored for updates.
No protection is available for essential service providers who are “grossly negligent”. Courts have defined gross negligence as a marked departure from the applicable standard of care. The standard of care for strata managers is that of a reasonably competent strata manager, bearing in mind any legislation, policies or customs relevant to the activity in question. Such legislation would include the Real Estate Council of BC’s Rules, which state that strata managers have a duty to act in the best interests of the strata corporation and to advise the strata corporation to seek professional advice on matters outside their expertise.
The protection provided by the order depends on the specific circumstances of each case. Essential service providers should therefore seek legal advice when considering the impact of the order on their activities
WHAT WE DO: Lesperance Mendes has been advising strata corporations and strata owners since 1997. If your strata corporation requires legal advice, please contact John G. Mendes, Partner, at jgm@lmlaw.ca or Buck D. Hughes, Associate, at bdh@lmlaw.ca.
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied on upon without independent legal advice.