Acts and Regulations

2017, c.18 - Local Governance Act

Section 86
Disposition versions

Full text
Indemnity
86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and their heirs and legal representatives 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 person
(a) is made a party to the action or proceeding by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council,
(b) acted honestly and in good faith with a view to the best interests of the local government, 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.
86(2)A local government must first obtain the approval of The Court of King’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.
86(3)Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity
(a) was substantially successful on the merits in defence of the action or proceeding, and
(b) fulfils the conditions set out in paragraphs (1)(b) and (c).
86(4)A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not the person acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.
86(5)A local government or a person referred to in subsection (1) may apply to The Court of King’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.
86(6)On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.
86(7)For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.
2021, c.44, s.4; 2023, c.17, s.146
Indemnity
86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and their heirs and legal representatives 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 person
(a) is made a party to the action or proceeding by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council,
(b) acted honestly and in good faith with a view to the best interests of the local government, 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.
86(2)A local government must first obtain the approval of The Court of Queen’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.
86(3)Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity
(a) was substantially successful on the merits in defence of the action or proceeding, and
(b) fulfils the conditions set out in paragraphs (1)(b) and (c).
86(4)A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not the person acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.
86(5)A local government or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.
86(6)On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.
86(7)For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.
2021, c.44, s.4
Indemnity
86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and his or her heirs and legal representatives against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if he or she
(a) is made a party to the action or proceeding by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council,
(b) acted honestly and in good faith with a view to the best interests of the local government, 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.
86(2)A local government must first obtain the approval of The Court of Queen’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.
86(3)Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity
(a) was substantially successful on the merits in defence of the action or proceeding, and
(b) fulfils the conditions set out in paragraphs (1)(b) and (c).
86(4)A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not he or she acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.
86(5)A local government or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.
86(6)On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.
86(7)For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.
Indemnity
86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and his or her heirs and legal representatives against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if he or she
(a) is made a party to the action or proceeding by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council,
(b) acted honestly and in good faith with a view to the best interests of the local government, 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.
86(2)A local government must first obtain the approval of The Court of Queen’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.
86(3)Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity
(a) was substantially successful on the merits in defence of the action or proceeding, and
(b) fulfils the conditions set out in paragraphs (1)(b) and (c).
86(4)A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not he or she acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.
86(5)A local government or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.
86(6)On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.
86(7)For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.