B.C. GETS THE BALL ROLLING
Government clears the insurance hurdle for the return of amateur sports in the province
The province is protecting amateur sports from liability for COVID-19 outbreaks in order to allow them to restart, after many insurance companies refused to cover leagues for coronavirus liability
“The government has passed an order protecting all of these associations and their volunteers from any litigation as a result of COVID-19,” B.C. Premier John Horgan said in his weekly news conference.
The order by Public Safety Minister Mike Farnworth, under the Emergency Program Act, means sports organizations and organizers cannot be sued if someone contracts or transmits COVID-19 as a result of their participation in organized amateur sport, as long as those sports are following provincial pandemic guidelines.
According to the province, more than 800,000 youth and adults participate in amateur sports.
“Amateur sport is really all about parents and volunteers, keeping organizations going,” Horgan said. “It involves community participation.”
Gregor Young, executive director of Vancouver United FC, was delighted by the news.
“People have been waiting for it,” he said over the phone. “Really pleased, there’s a lot of pent up demand. There’s a lot of clubs and organizations that have been waiting for this.”
Some clubs had been looking at ways to work around the challenges that the insurance company refusals had presented to them, but everyone was now relieved they didn’t have to consider workarounds, he added.
Horgan said he understood soccer could be back on the field as soon as Friday.
In Vancouver United’s case, Young said they will now wait for the Vancouver park board to issue the permits they need to get practising. He expected they would be back on the field a day or so after those permits were issued.
Games aren’t allowed yet under B.C. Soccer’s plan to return to play, just practices.
Young hopes they’ll be allowed to play small-sided games soon — but the veteran coach said the fact his players could simply get out on the field and stretch their legs was very welcome.
The B.C. Soccer plan includes allows for as many as 40 players on a field at a time, even allowing for appropriate social distance. “Everything in the B.C. Soccer plan is about physical distancing,” Young explained.
“The diagrams they’ve drawn up, you can divide a field into four, with 10 players in each quadrant.”
“I think it’s great news to get people outside and get them back engaged in sport,” Horgan said. “I very much look forward to hearing the crack of the bat at the local ball diamond down around the corner from my place in Langford, and seeing youngsters and old-timers participating in physical activity.”
Jake Cabott, a lawyer with Borden Ladner Gervais in Vancouver, said the government’s order was great news for sport administrators and volunteers.
“The uncertainty around liability issues was proving to be a significant obstacle in allowing people to organize sport activities,” he said in an email.
“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. 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.”
Clubs and organizations should not think that they can just return to business as usual, he pointed out. The government has made it clear that the protection from liability only applies if organizations follow health rules.
Make sure everyone involved understands your policies and how to document how you’re following public health guidance, he advised.
“Stay current on public health guidance and follow it. Don’t follow it as closely as your sport will allow. Follow it 100 per cent and modify your sport activities accordingly.”
There’s a lot of clubs and organizations that have been waiting for this.”
Gregor Young, Vancouver United FC