Staff Report: Municipal Officials Indemnification Bylaw No. 1121, 2023
Report proposing a replacement bylaw for municipal official indemnification to update legal references.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council DATE: August 15, 2023 FROM: Sarah Jones, Corporate Officer; Elena Bolster, Deputy Corporate Officer MEETING DATE: September 5, 2023
MUNICIPAL OFFICIALS INDEMNIFICATION BYLAW NO. 1121, 2023
RECOMMENDATION:
THAT the report dated August 15, 2023 from the Corporate Officer and the Deputy Corporate Officer titled “Municipal Officials Indemnification Bylaw No. 1121, 2023” be received.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
To put forward a replacement bylaw for consideration that provides for the indemnification of the municipal officials of the Town.
BACKGROUND/DISCUSSION:
Under Section 187 of the Community Charter, municipalities may provide for the indemnification of municipal officials by following the requirements set out in Section 740 of the Local Government Act. This latter piece of legislation sets out indemnification through either bylaw or resolution and further describes the observance of several limitations and exceptions.
The Town’s first Municipal Officials Indemnification Bylaw (Bylaw No. 654, 2006) was adopted in November 2006 (see Attachment "A") and at that time, the requirements were set out in Section 287.2 – not Section 740 – of the Local Government Act.
Since that time, there have been some changes in the legislation – primarily numbering and the addition of references to regional districts. The proposed update, through replacement, ensures that section reference numbers remain current and resultantly, municipal officials – elected officials, employees, volunteer firefighters, Board of Variance members, members of municipal committees, and election officials – are clearly indemnified as they carry out their duties.
Attachment “B” to this report is an excerpt from the now relevant sections of the Local Government Act and Attachment “C” is the proposed replacement Bylaw.
TIME CRITICAL:
It is important to keep section references in this Bylaw current.
RECOMMENDATION:
THAT the report dated August 15, 2023 from the Corporate Officer and the Deputy Corporate Officer titled “Municipal Officials Indemnification Bylaw No. 1121, 2023” be received.
SUBMITTED BY: E. Bolster, Deputy Corporate Officer
SUBMITTED BY: S. Jones, Corporate Officer
REVIEWED BY: K. Anema, Chief Administrative Officer
Attachment “A” Municipal Officials Indemnification Bylaw No. 654, 2006 Attachment “B” Local Government Act excerpt, Part 18, Division 2 – Immunities and Indemnities, Sections 738 – 744 Attachment “C” Municipal Officials Indemnification Bylaw No. 1121, 2023
Document Images
(1)