COVID-19 Related Measures Act

COVID-19 RELATED MEASURES ACT Chapter C‑31.3 Table of Contents 1 Interpretation 2 Application of Act 3 Crown bound 4 COVID‑19 liability protection 5 No right to compensation or other remedy 6 Non‑application — required closure 7 Non‑application — other Acts 8 Regulations 9 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 1 (1) In this Act, (a) “good‑faith effort” includes an honest effort, whether or not that effort is reasonable; (b) “health service facility” means (i) a public hospital or chartered surgical facility as defined in the Health Facilities Act , (ii) repealed 2022 cC-26.7 s66, (iii) a facility as defined in the Mental Health Act , (iv) a continuing care home as defined in the Continuing Care Act , (v) a pharmacy as defined in the Pharmacy and Drug Act , (vi) a protective safe house as defined in the Protection of Children Abusing Drugs Act , (vii) a supportive living accommodation as defined in the Continuing Care Act , or (viii) a place where residential addiction treatment services are provided under the Mental Health Services Protection Act ; (c) “law” means an Act, regulation, order, bylaw or other instrument made under an Act; (d) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (d.1) “provincial health agency” means a provincial health agency under the Provincial Health Agencies Act ; (d.2) “provincial health corporation” means a provincial health corporation under the Provincial Health Agencies Act ; (e) “public health guidance” means any advice, recommendations, directives, guidance or instructions given or made in respect of public health, regardless of the form or manner of their communication, by any of the following: (i) the Crown; (i.1) a provincial health agency, or a member, employee or agent of a provincial health agency; (i.2) a provincial health corporation, or a member, employee or agent of a provincial health corporation; (ii) a regional health authority, or a member, employee or agent of a regional health authority; (iii) the Chief Medical Officer, the Deputy Chief Medical Officer, an executive officer or a medical officer of health; (iv) a Minister or a department of the Government of Alberta or the Government of Canada, or an officer or employee of such a department; (v) an agency of the Government of Alberta or the Government of Canada, or an officer or employee of such an agency; (vi) a public health official of the Government of Canada; (vii) a municipality as defined in the Municipal Government Act , or an officer or employee of a municipality; (viii) a regulatory body having jurisdiction over a person, or an officer or employee of such a regulatory body; (f) “regional health authority” means a regional health authority under the Provincial Health Agencies Act . (2) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Public Health Act . (3) Nothing in this Act shall be read as affecting, interfering with, abrogating or limiting any defence or immunity that exists in law or at common law, including the protection from liability provided under section 66.1 of the Public Health Act . 2021 cC‑31.3 s1;2022 cC‑26.7 s66;2024 c10 s11;2025 c10 s13 Application of Act 2 Subject to the regulations, this Act applies in respect of the following: (a) a health service facility, including an owner, operator, director, officer, employee, contractor and subcontractor of a health service facility; (a.1) a provincial health agency, including a member, officer, employee, agent, contractor and subcontractor of a provincial health agency; (a.2) a provincial health corporation, including a member, officer, employee, agent, contractor and subcontractor of a provincial health corporation; (b) a regional health authority, including a member, officer, employee, agent, contractor and subcontractor of a regional health authority; (c) a regulated member as defined in the Health Professions Act , including an employee, contractor and subcontractor of a regulated member; (d) any other facility, person or class of persons prescribed in the regulations. 2021 cC-31.3 s2;2024 c10 s11;2025 c10 s13 Crown bound 3 The Crown is bound by this Act. COVID‑19 liability protection 4 (1) Subject to sections 6 and 7 and the regulations, no action for damages lies or shall be commenced or maintained against a health service facility, provincial health agency, regional health authority, provincial health corporation or person referred to in section 2 as a direct or indirect result of an individual being or potentially being infected with or exposed to COVID‑19 on or after March 1, 2020 as a direct or indirect result of an act or omission of a health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, if (a) at the relevant time, the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, acted or made a good‑faith effort to act in accordance with (i) public health guidance relating to COVID‑19 that applied to the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, and (ii) any federal, provincial or municipal law relating to COVID‑19 that applied to the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, and (b) the act or omission of the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, does not constitute gross negligence. (2) Subsection (1) applies notwithstanding any conflict or inconsistency in the public health guidance or laws applicable to the health service facility, provincial health agency, regional health authority, provincial health corporation or person referred to in section 2. (3) For greater certainty, a difference in the degree of specificity respecting a matter does not constitute a conflict or inconsistency for the purposes of subsection (2). (4) Subsection (1) applies regardless of whether the cause of action arose before, on or after the day on which this section comes into force. (5) This section applies, with any necessary modification, with respect to a person referred to in section 2 who is vicariously liable for the acts or omissions of another person if subsection (1) would negate the liability of the other person in relation to the act or omission. 2021 cC-31.3 s4;2024 c10 s11;2025 c10 s13 No right to compensation or other remedy 5 No person is entitled to any compensation or any other remedy or relief for the extinguishment or termination of rights under this Act. Non‑application — required closure 6 Section 4 does not apply to acts or omissions of a health service facility, provincial health agency, regional health authority, provincial health corporation or person referred to in section 2 if the act or omission (a) occurred while a law required the operation of the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, to close, in whole or in part, and (b) relates to an aspect of the operation of the health service facility, provincial health agency, regional health authority, provincial health corporation or person, as the case may be, that was required to close under the law. 2021 cC-31.3 s6;2024 c10 s11;2025 c10 s13 Non‑application — other Acts 7 (1) Section 4 does not apply to any administrative process or proceeding under any other Act or regulations under any other Act. (2) For greater certainty, section 4 does not apply to an administrative process or proceeding, or a cause of action, if any, under any of the following Acts, including any regulations under those Acts: (a) the Employment Standards Code ; (b) the Heroes’ Compensation Act ; (c) the Labour Relations Code ; (d) the Occupational Health and Safety Act ; (e) the Police Officers Collective Bargaining Act ; (f) the Public Service Employee Relations Act ; (g) the Workers’ Compensation Act , except sections 22 and 22.1 of that Act. (3) For greater certainty, section 4 does not affect any immunity provided in the Workers’ Compensation Act , including in sections 21 and 22 of that Act. Regulations 8 (1) The Lieutenant Governor in Council may make regulations (a) prescribing any other facility, person or class of persons for the purposes of section 2(d); (b) prescribing facilities, persons or classes of persons to whom section 4 does not apply; (c) imposing terms and conditions in respect of the application or non‑application of section 4; (d) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. (2) A regulation made under subsection (1) may be made retroactive to a day not earlier than March 1, 2020. Coming into force 9 This Act has effect on March 1, 2020.