With many insurance companies unwilling to provide liability insurance to amateur sports organizations in the wake of the COVID-19 pandemic, the provincial government of British Columbia has stepped in to protect its local sports leagues.
Public Safety Minister Mike Farnworth passed an order under the Emergency Program Act, shielding sports organizations and organizers from lawsuits if someone contracts or transmits COVID-19 as a result of their participation in organized amateur sport – as long as those organizations follow provincial pandemic guidelines.
“The government has passed an order protecting all of these associations and their volunteers from any litigation as a result of COVID-19,” said BC Premier John Horgan in a press conference.
Horgan added that amateur sport “is really all about parents and volunteers, keeping organizations going.”
“It involves community participation.”
The decision has been met with favourable response from several local sports organizations.
“The uncertainty around liability issues was proving to be a significant obstacle in allowing people to organize sport activities,” Jake Cabott, a lawyer with Vancouer-based Borden Ladner Gervais, told National Post in an email statement.
“Many people involved with organizing sports were uncomfortable with the level of risk they were being asked to take on because it was impossible to determine what the standard of care is,” the lawyer said. “In other words, it was impossible to know for sure whether a court would say starting up your sport during the pandemic was negligent because there is no precedent.”
Cabott added, however, that sports clubs should not be too complacent and think that they can return to business as usual. He noted that the government has made it clear that the protection from lawsuits only takes effect if the sports organizations follow health rules.
National Post reported that over 800,000 youth and adults in BC participate in amateur sports.
