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Council Meeting/Documents/Municipal Officials Indemnification Bylaw No. 1121, 2023
Bylaw

Municipal Officials Indemnification Bylaw No. 1121, 2023

September 5, 2023Pages 264–2652 sections

The new bylaw document providing legal protection for Town officials against claims arising from their duties.

1 CALL TO ORDER- Mayor Tobias called the meeting to order at 7:00 p.m.
Excludes conduct involving dishonesty, gross negligence, or malicious misconduct.

TOWN OF VIEW ROYAL

Page 264–265

BYLAW NO. 1121

A BYLAW TO PROVIDE FOR THE INDEMNIFICATION OF THE MUNICIPAL OFFICIALS OF THE TOWN OF VIEW ROYAL

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

  1. This Bylaw is cited as “Municipal Officials Indemnification Bylaw No. 1121, 2023”.

DEFINITIONS

  1. In this bylaw:
  • “indemnification” has the meaning set out in the Local Government Act.
  • “Local Government Act” means the Local Government Act, R.S.B.C. 2015, c.1, as amended.
  • “Municipal Official” has the meaning set out in the Local Government Act.
  1. The Town will provide indemnification for municipal officials 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.

  2. This Bylaw does not provide for the indemnification of a municipal official if the court makes a finding in the action that the person has been guilty of dishonesty, gross negligence or malicious or wilful misconduct.

  3. A reference to a statute refers to that enactment as it may be amended or replaced from time to time.

  4. If any court of competent jurisdiction declares any phrase, sentence, or section of this Bylaw invalid, the invalid portion must be severed, and the severance does not affect the validity of the remainder.

  5. “Municipal Officials Indemnification Bylaw No. 654, 2006” is hereby repealed.

READ A FIRST TIME THIS DAY OF , 2023

READ A SECOND TIME THIS DAY OF , 2023

READ A THIRD TIME THIS DAY OF , 2023

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER, AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF , 2023.

MAYOR

CORPORATE OFFICER

Page 264–265

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Extracted from: 2023 09 05 Council Agenda - Agenda - Pdf