EIB: Liability Insurance

Classification: 
E: Support Services
Code: 
EIB

General 

The Board of School Trustees (the “Board”) is covered for comprehensive liability by the Schools Protection Program maintained by the Ministry of Education.  This coverage applies to: (a) the Board as a corporate entity; (b) individual trustees and senior management; and (c) all employees and volunteer workers of the Board while acting within the scope of their duties, including extra-curricular activities. 

This program insures against liabilities arising out of personal injury, sickness or disease (including death at any time resulting therefrom) and applies to: 

  • all persons insured (see above) but only in respect to liability arising within the scope of their duties for the Board, and 
  • all students but only in respect to liability arising out of their activities on behalf of the Board.

Liability in Assistance to Disabled Students 

It is the policy of the Board to request that aid and assistance be extended to disabled students by teachers, students, employees of the Board, and volunteer aides. 

Any person who assists a physically disabled student is expected to take reasonable care in giving such assistance; only if a disabled student is injured because of negligence will the person assisting him/her be liable for damages.  If a disabled student is injured while being assisted by a staff member or a student, the Board and the staff member and the student are covered by the Ministry's liability program. 

Comprehensive Garage Liability (applies to secondary schools only) 

Garage liability insurance is carried for vehicles being repaired in Technical Studies automotive shops in all secondary schools as follows: 

  • third party liability:  liability for loss or damage caused by the use or operation of a customer's motor vehicle - no deductible;                                                                                                                                            
  • liability for damage to customer's automobile:  Collision - $300 deductible, Comprehensive -  $300 deductible. 
  • In the event of an accident or possible claim against the above policy,  see Regulation EIB-R. 

Transporting Students

Regarding the liability of teachers or other persons transporting students to curricular or extra-curricular activities in private automobiles, the Board has acquired excess third party liability insurance that will extend the person's own regular coverage to a maximum set by the Ministry.  The policy covers the owner/driver of the vehicle and, also, the owner's spouse and any students who may be driving the vehicle with the owner's consent and the school district's authorization.  School authorization is required in accordance with policy EEAE before any students may be transported by private vehicle. 

Indemnification of Officers and Employees against Claims for Damages 

It is in the interest of a responsive and efficient public service that officers and employees be protected against a claim for damages arising out of the performance of their duties and pay legal costs incurred in a court proceeding arising out of a claim. 

  • Subject to the following section, to the extent authorized by law, the Board shall indemnify every person being an officer and employee of it against any claim for damages arising out of the honest performance of duties assigned by the Board; 
  • It shall be a condition of the Board's obligation to indemnify an officer or employee that the said officer or employee agree that the Board has the right to conduct the defence of any claim and in its discretion to compromise or settle any claim.  It is a further condition of the Board's obligation to indemnify an officer or employee that the officer or employee co-operate fully in the defence of the claim and provide statements when requested by the Board. 

NoteA registration and approval form for excess third-party liability coverage (volunteers and staff) is filed as EEAE-E.  This form is required before volunteers or staff may transport a student in a private vehicle.

DMT Responsibility: ST

Cross References: 
BHE: Board Member Insurance; EEAD: Special Use of School Buses; EEAE: Student Transportation in Private Vehicles; EI: Insurance Management; IICA: Field Studies
Adopted Date: 
Monday October 18, 1982
Revision Date: 
Aug 1990
Sep 1994
Jan 1999