Legal issues

For guidance on specific legal issues, school board administrators should refer to the specific acts and regulations in their province or territory.

According to the Canadian School Boards Association (CSBA):

“Every province and territory in Canada has one or more statutes regulating education, from which school boards derive their authority and responsibilities.”

“Some jurisdictions also have additional requirements contained in regulations or guidelines issued by the ministries or departments of education.”¹

For information presented for general interest (i.e. not legal advice), refer to the chapter entitled “The Legal Context” in Anaphylaxis: A Handbook for School Boards, Canadian School Boards Association, September 2001.

General recommendations:

• Parents should sign a consent form allowing the school staff to use epinephrine when it considers it necessary, in an allergic emergency.
  
• Parents should not sign a waiver absolving the school of responsibility if epinephrine was not injected. Schools should not ask parents to sign such a waiver.