Volunteer Protection Act Introduced

Legislation that protects volunteers from being personally sued when acting within the scope of their lawful duties was introduced in Nova Scotia today. The Volunteer Protection Act provides limited protection from civil lawsuits for volunteers working with non-profit organizations.

"As this is the International Year of the Volunteer, we felt it important to bring this legislation forward," said Justice Minister Michael Baker. "Volunteers provide a valuable service to all Nova Scotians, and we want to ensure that non-profit organizations have the ability to recruit those willing to serve their communities."

Under the act, the volunteer cannot be held personally liable on behalf of the organization as long as the harm was not caused by willful or criminal misconduct or when the volunteer was operating a motor vehicle (or a vehicle for which licensing is required). The volunteer must be acting within the scope of his or her responsibilities and must be properly licensed, certified or authorized.

This act does not affect any civil action that may be brought by an organization against one of its volunteers. As well, it does not affect the liability of the organization itself.

The limitations on the liability of a volunteer do not apply to misconduct that constitutes a criminal offence for which the person has been convicted. As well, the volunteer is not protected if he or she was under the influence of alcohol or drugs at the time of the misconduct.

"This act isn't about letting predators off the hook," said Mr. Baker. "If criminal activity, is involved, the act doesn't apply. Volunteers need some level of comfort that they will not be held personally liable should civil action be launched -- this act provides that protection."