Acts and Regulations

2017, c.18 - Local Governance Act

Section 179
Disposition versions

Full text
Indemnity – fire protection services in rural districts
2021, c.44, s.4
179(1)This section applies to the following bodies and persons:
(a) a rural district fire department, brigade or association that provides fire protection services or rescue services;
(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);
(c) the legal representatives or heirs of a person referred to in paragraph (b).
179(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if the member or former member
(a) is made a party to the action or proceeding by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be,
(b) acted honestly and in good faith in carrying out a public function, and
(c) had, in the case of an administrative or criminal action or proceeding enforced by a monetary penalty, reasonable grounds for believing the conduct was lawful.
179(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if
(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and
(b) the member or former member in respect of whose actions the action or proceeding was brought fulfils the conditions set out in paragraphs (2)(b) and (c).
2021, c.44, s.4
Indemnity – fire protection services in local service districts
179(1)This section applies to the following bodies and persons:
(a) a local service district fire department, brigade or association that provides fire protection services or rescue services;
(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);
(c) the legal representatives or heirs of a person referred to in paragraph (b).
179(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if the member or former member
(a) is made a party to the action or proceeding by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be,
(b) acted honestly and in good faith in carrying out a public function, and
(c) had, in the case of an administrative or criminal action or proceeding enforced by a monetary penalty, reasonable grounds for believing the conduct was lawful.
179(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if
(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and
(b) the member or former member in respect of whose actions the action or proceeding was brought fulfils the conditions set out in paragraphs (2)(b) and (c).
Indemnity – fire protection services in local service districts
179(1)This section applies to the following bodies and persons:
(a) a local service district fire department, brigade or association that provides fire protection services or rescue services;
(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);
(c) the legal representatives or heirs of a person referred to in paragraph (b).
179(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if the member or former member
(a) is made a party to the action or proceeding by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be,
(b) acted honestly and in good faith in carrying out a public function, and
(c) had, in the case of an administrative or criminal action or proceeding enforced by a monetary penalty, reasonable grounds for believing the conduct was lawful.
179(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if
(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and
(b) the member or former member in respect of whose actions the action or proceeding was brought fulfils the conditions set out in paragraphs (2)(b) and (c).