Community-Based Senior Serving Sector Community Leadership Council c/o 15 Sir Winston Churchill Square , T5J 2E5

December 31, 2020

The Honourable Josephine Pon Minister of Seniors and Housing 404 Legislature Building 10800 97 Avenue NW Edmonton, Alberta T5K 2B6

RE: COVID-19 Liability Legislation

Dear Honourable Josephine Pon,

The Community Leadership Council, representing the Community Based Seniors Serving (CBSS) sector in Alberta, requests that the Ministry of Seniors and Housing and Service Alberta provide information on the Government of Alberta’s intention to protect service delivery organizations, such as those providing services to seniors, with potential liability risk related to COVID-19 transmission in the course of their work.

It is our understanding that other jurisdictions, including Ontario, have introduced legislation that specifically protects an employer from liability and insurance risk, as long as they are acting in good faith and not recklessly exposing clients to COVID-19 transmission through the course of delivering services. Alberta’s CBSS organizations are concerned that existing insurance coverage may not apply to their ongoing efforts to continue to deliver services to seniors in their community throughout the pandemic. If an individual receiving service were to contract COVID-19, despite the organization’s good faith effort to act in accordance with federal, provincial and municipal regulation and guidance in the course of providing services, they remain exposed to significant legal and financial risk. CBSS organizations do not have the financial means to mitigate this risk, and potential legal proceedings could financially devastate organizations that exist to meet the needs of seniors in their community.

Ontario’s Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, introduced on October 20, 2020, offers protection to any person (individual, corporation or other entity) and prohibits any proceeding being brought against them resulting from an individual being potentially infected, or exposed to COVID-19 where, at the relevant time, the person acted or made a good faith effort to act in accordance with public health guidance and federal, provincial or municipal laws related to COVID-19.11

1 https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-218

The Community Leadership Council appreciates the ongoing efforts of the Ministry to continue to support the work of CBSS organizations to serve seniors throughout the pandemic. We hope that the Ministry of Seniors and Housing is able to continue these efforts by providing clarity on whether the Government of Alberta intends to address this risk through legislation similar to other jurisdictions?

We look forward to hearing your response and to our continued work together to address the needs of seniors throughout the COVID-19 pandemic and beyond.

Sincerely,

CBSS Community Leadership Council

Monica Morrison, Executive Director, Golden Circle, Red Deer Sheila Hallett, Executive Director, Edmonton Seniors Coordinating Council, Edmonton Lisa Stebbins, Director, carya, Rob Miyashiro, Executive Director, Lethbridge Senior Citizens Organization, Lethbridge Karen McDonald, Executive Director, Sage Seniors Association, Edmonton

cc: Honourable , Minister, Service Alberta Evan Romanow, Assistant Deputy Minister of Seniors and Housing, Seniors Services