civil liability of good samaritans and volunteers - Law Reform ...

surgical aid in case of urgent need if that aid is given without hire, gain or hopeof reward.” The Commission notes that there is no provision in the Act,however, dealing with the consequences for negligent acts or omissions.4.49 In Ontario the Good Samaritan Act 2001 extends protection to “healthcare professionals” who provide emergency health care services or first aidassistance to a person who is ill, injured or unconscious as a result of anaccident or other emergency. The Act stipulates that the health careprofessional must not provide the services or assistance at a hospital or otherplace having appropriate health care facilities and equipment for that purpose.The Act also protects any other person who provides emergency first aidassistance to a person who is ill, injured or unconscious as a result of anaccident or other emergency, if the individual provides the assistance at theimmediate scene of the accident or emergency. Furthermore, the Act providesfor reasonable reimbursement of expenses reasonably incurred.4.50 The duty to assist a stranger in need under the Quebec Civil Codeand the Quebec Charter of Human Rights and Freedoms 1975 has beendiscussed in Chapter 2. However, the Québec Civil Code also provides, underarticle 1471, protection for the Good Samaritan. Article 1471 states that:“Where a person comes to the assistance of another person or, foran unselfish motive, disposes, free of charge, of property for thebenefit of another person, he is exempt from all liability for injury thatmay result from it, unless the injury is due to his intentional or grossfault.” 114The Commission interprets this as meaning that the Good Samaritan whoassists the injured person is immune from civil liability provided he or she is notguilty of intentional or gross fault.DDetailed elements of the proposed legislation4.51 Based on the comparative analysis in Part C, the Commission nowturns to the detailed elements of the legislation it recommends concerning thecivil liability of Good Samaritans and volunteers.(1) Single piece of legislation for Good Samaritans and Volunteers(a)Consultation Paper Recommendation4.52 In the Consultation Paper the Commission provisionallyrecommended that a single piece of legislation be enacted to deal with GoodSamaritans, voluntary rescuers and voluntary service providers, taking into114Québec Civil Code 1991, c. 64, a. 1471 (civil code of Quebec, S.Q., 1991, c.64,Book Five: Obligations: Title One: 1471).105