Attachment “A”: Municipal Officials Indemnification Bylaw No. 654, 2006

TOWN OF VIEW ROYAL

BYLAW NO. 654

A BYLAW TO INDEMNIFY MUNICIPAL OFFICIALS AGAINST DAMAGES AND THE COSTS OF LEGAL PROCEEDINGS

WHEREAS, pursuant to Section 287.2 of the Local Government Act; a municipality may, by bylaw, provide for the indemnification of its officials against claims for damages and provide the legal costs incurred in a Court proceeding arising out of the claim;

NOW THEREFORE, the Council of the Town of View Royal in open meeting assembled enacts as follows:

CITATION

1. This bylaw may be cited as “Municipal Officials Indemnification Bylaw No. 654, 2006”.

INTERPRETATION

2. In this bylaw:

   “Town” means the Town of View Royal;

   “Council” means the Council of the Town of View Royal;

   “indemnification” means the payment of amounts required or incurred a) to defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person’s powers or the performance or intended performance of the person’s duties or functions; b) to satisfy a judgment, award or penalty imposed in an action or prosecution referred to in paragraph (a); or c) in relation to an inquiry under Part 2 of the Inquiry Act, or to another proceeding, that involves the administration of the municipality or the conduct of municipal business

   “municipal official” means a current or former member of Council, a current or former municipal officer or employee of the Town, or a person who is or was a person defined as a municipal public officer as defined in Section 287 (1) of the Local Government Act.

   “municipal public officer” means a person defined in Section 287 (1) of the Local Government Act, including, but not limited to a member of a Board of Variance, a member of a municipal committee appointed by the Town, a volunteer firefighter and a volunteer who participates in the delivery of services by the Town.

3. The Town shall indemnify every current or former municipal official of the Town against any claim for damages against the person arising out of the performance of the person’s duties and, in addition, pay legal costs incurred in a Court proceeding arising out of the claim.

4. This Bylaw does not provide for the indemnification of a current or former municipal official if the conduct of that official is proven guilty of dishonesty, gross negligence or malicious or wilful misconduct.

5. If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, then that invalid portion shall be severed and the remainder of the Bylaw shall be deemed to have been adopted without the severed portion.

READ A FIRST TIME THIS 7th DAY OF NOVEMBER, 2006

READ A SECOND TIME THIS 7th DAY OF NOVEMBER, 2006

READ A THIRD TIME THIS 7th DAY OF NOVEMBER, 2006

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 21 DAY OF NOVEMBER, 2006.

MAYOR

CLERK