Liability Waiver Forms

Function

Administration

PIB

RRSDA Number

2021-001

Department

Athletics and Recreation

Description, purpose and use of records

Record series consists of liability waiver forms signed by individuals wishing to access Simon Fraser University (SFU) Athletics and Recreation facilities and/or participate in SFU Athletics and Recreation programs. These records are created to document acceptance of liability on behalf of the facility user and/or program participant in the case of injury.

Records include standardized form with user/participants signature. Originally these records were created in paper; however as of 2019 these forms are created and stored digitally when facility users create/renew their SFU recreation accounts. All facilities users and program participants are required to fill out a new form annually.

Records are made and received by the Athletics and Recreation Department.

Retention periods

Records	Active	Semi-Active	Total retention	Final disposition
Waiver liability forms in cases there has been no injury	CY + 1 year	3 years	CY + 4 years	Destruction
Waiver liability forms in cases where there has been an injury to an individual	CY + 1 year	9 years	CY + 10 years	Destruction

Active = Active Retention Period, Keep in Office; Semi-Active = Semi-Active Retention period, transfer to University Records Centre; CY = Current calendar year; CFY = Current fiscal year; CS = Current semester; S/O = Superseded or obsolete; OPR = Office of Primary Responsibility; Non-OPR = All other departments

Authorities

These records are created, used, retained and managed in accordance with the following authorities:

Freedom of Information and Protection of Privacy Act (RSBC 1996, c. 165)
Limitation Act (RSBC 1996, c. 266)

Retention rationale

The Limitations Act s.6(1) for individuals over the age of majority (19 years old) states that "a court proceeding in respect of a claim must not be commenced more than 2 years after the day on which the claim is discovered." However, in many cases, SFU students accessing facilities are likely to under the age of majority (i.e., students aged 17 or 18). As per the Limitations Act s.18, the discovery period for individuals under the age of majority is suspended until they reach the age of majority (i.e., turn 19) or a claim is discovered at which point the 2 year discovery rule applies. Therefore, the liability waiver forms should be retained for CY + 4 to ensure that the requirements of the Limitations Act are met. In cases where there is an injury, there is a potential for a court proceeding to follow. In these cases the Limitations Act established a 10 year period. Therefore, by retaining the liability waiver forms in cases where there has been an injury for CY + 10, SFU fulfills its obligations under the Limitations Act.

Status

RRSDA is in force

Approval Date

29 October 2021

Last Revised Date