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POLICY NUMBER - 21
Page 1 of 2
Policy Subject / Title - Indemnity / Liability Protection
____________________________________________________________
GENERAL STATEMENT OF POLICY
21.01 It shall be the policy of the Region of Queens Municipality to develop a procedure
to provide indemnity / liability protection for elected and appointed officials as well
as the directors and officers of the Queens Business Development Association,
incorporated under the Societies Act of Nova Scotia.
OBJECTIVES OF POLICY
21.02 To ensure that elected and appointed officials as well as directors of the Queens
Business Development Association are adequately protected in all cases where
a civic or criminal action is brought or a complaint is made against the mayor, a
member of Council, an employee of the Region of Queens Municipality or a
director or officer of the Queens Business Development Association as a result to
the performance of his her duties.
INDEMNITY
21.03 The Mayor and every Councillor of the Region of Queens Municipality and their
heirs and legal representatives of such person, in the absence of any dishonesty
on the part of such person, shall be indemnified by the Region of Queens
Municipality against, and it shall be the duty of the Council, out of the funds of the
Region of Queens Municipality, to pay all costs, losses and expenses, including
any amount paid to settle an action or claim or satisfy a judgment that such
Mayor or Councillor may incur or become liable to pay in respect of any claim
made against such person in any civil, criminal or administrative action or
proceeding to which such person is made a party by reason of being a Mayor or
Councillor of the Region of Queens Municipality whether the Region of Queens
Municipality is a claimant or party to such action or proceeding or otherwise.
21.04 Every director or officer, former director or officer, or person who acts or acted as
a director of the Queens Business Development Association and the heirs and
legal representatives of such person, in the absence of any dishonesty on the
part of such person, shall be indemnified by the Region of Queens Municipality
against, and it shall be the duty of the Council, out of the funds of the Region of
Queens Municipality, to pay all costs, losses and expenses, including any
amount paid to settle an action or claim or satisfy a judgment that such director,
officer or person may incur or become liable to pay in respect of any claim made
against such person in any civil, criminal or administrative action or proceeding to
which such person is made a party by reason of being or having been a director
or officer of the Queens Business Development Association whether the Region
of Queens Municipality is a claimant or party to such action or proceeding or
otherwise.
POLICY NUMBER - 21
Page 2 of 2
Policy Subject / Title - Indemnity / Liability Protection
____________________________________________________________
21.05 Every employee of the Queens Business Development Association and the heirs
and legal representatives of such person, in the absence of any dishonesty, or
serious cases of negligence on the part of such person, shall be indemnified by
the Region of Queens Municipality against, and it shall be the duty of the Council,
out of the funds of the Region of Queens Municipality, to pay all costs, losses
and expenses, including any amount paid to settle an action or claim or satisfy a
judgment that such employee may incur or become liable to pay in respect of any
claim made against such person in any civil, criminal or administrative action or
proceeding to which such person is made a party by reason of being or having
been an employee of the Region of Queens Municipality whether the Region of
Queens Municipality is a claimant or party to such action or proceeding or
otherwise.
POLICY PROCEDURE
21.06 Whenever reasonably possible, the chief Administrative Officer shall consult with
the Mayor, Councillor, employee of the Region of Queens Municipality or director
and officers of the Queens Business Development Association prior to the
engagement of counsel on behalf of the said person, regarding what counsel is
to be retained at the expense of the Region of Queens Municipality and the
terms and conditions of such retainer.
21.07 Each of the Mayor, Councillor, employee of the Region of Queens Municipality or
director or officer of the Queens Business Development Association shall have
the right to retain any additional counsel of his / her own choice, at his / her own
expense.
21.08 The Region of Queens Municipality shall waive any claim it may have against the
Mayor, Councillor, employee of the Region of Queens Municipality or director or
officer of the Queens Business Development Association arising out of such
actions or events.
DEFINITIONS
21.09 A serious case of negligence shall mean the willful or reckless commission, by a
person covered under this policy, of an act which that individual was duty bound
not to commit or the willful or reckless commission by a person covered under
this policy of an act which that individual was duty bound to perform but shall not
extend to acts of mere error in judgment.
Approved by Council:
October 8, 2013