Acts and Regulations

W-14 - Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

Section 15
Disposition versions

Full text
Indemnity
15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission shall indemnify a person who is a member of the board of directors, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors or an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
15(2)The Commission may with the approval of the Court of King’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
15(5)The Commission 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 thinks fit.
15(6)Upon application under subsection (5), the Court of King’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).
2014, c.49, s.10; 2021, c.4, s.5; 2023, c.17, s.286
Indemnity
15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission shall indemnify a person who is a member of the board of directors, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors or an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
15(2)The Commission may with the approval of the Court of Queen’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
15(5)The Commission 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 thinks fit.
15(6)Upon application under subsection (5), the Court of Queen’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).
2014, c.49, s.10; 2021, c.4, s.5
Indemnity
15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission may indemnify a person who is a member of the board of directors, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors or an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
15(2)The Commission may with the approval of the Court of Queen’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
15(5)The Commission 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 thinks fit.
15(6)Upon application under subsection (5), the Court of Queen’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).
2014, c.49, s.10
Indemnity
15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission may indemnify a person who is a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
15(2)The Commission may with the approval of the Court of Queen’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
15(5)The Commission 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 thinks fit.
15(6)Upon application under subsection (5), the Court of Queen’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).
Indemnity
15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission may indemnify a person who is a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
15(2)The Commission may with the approval of the Court of Queen’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
15(5)The Commission 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 thinks fit.
15(6)Upon application under subsection (5), the Court of Queen’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).