POLICY REPORT PUBLIC SAFETY Date: May 19, 1995 TO: Vancouver City Council FROM: Assistant Fire Chief, Training, in consultation with the Directors of Legal Services and Risk Management SUBJECT: Provincial Fire Services Rope Rescue Program RECOMMENDATION THAT Council rescind its April 25, 1995 resolution that the Workers' Compensation Board indemnify the City with respect to the Provincial Fire Services Rope Rescue Program. GENERAL MANAGER'S COMMENTS The General Manager of Fire & Rescue Services RECOMMENDS approval of the foregoing. COUNCIL POLICY Council has a policy of not accepting the obligation to deliver service on behalf of other agencies unless the City is indemnified, or unless the City is legally obliged to do so. Rescinding the April 25, 1995 motion requires two-thirds of Council present at the meeting. BACKGROUND On April 25, 1995, Council approved the City's participation in the Fire Service Rope Rescue Program. Under the program, the construction industry funds high angle rescue equipment and training. As a condition of participation, Council directed that Workers' Compensation Board (WCB) indemnify the City. DISCUSSION Rescues under this program involve high angle rescues of construction industry employees. WCB are (understandably) unwilling to provide indemnification in relation to non- employees since high angle rescues of non-employees would be undertaken in the normal course of Fire Services, with or without participation in the Rope Rescue program. Section 10 of the Workers Compensation Act precludes an employee from suing the City for damages in such a circumstance and there is, therefore, no need for a separate indemnification from WCB for employee-related liability. To the extent that specialized equipment and training in this area will make Fire Services personnel better able to carry out such rescues, the City's liability is reduced in non- employee rescues as well. CONCLUSION Given that the City is protected by legislation from claims from workers arising under the Rope Rescue Program, a separate indemnity from WCB is not necessary. * * * * *