8 Receiver,
trustee etc. indemnity
Schedule
Definition
1 In this Regulation, “Officer” means a
person referred to in section 2.
Application
1.1 This Regulation contains the
specific authorizations referred to in section 71(1)(e) of the Act by or under
regulations under the Act for the Crown to give indemnities.
AR 151/2004 s2
Authority
2 The Crown is authorized to indemnify any
person who is or was appointed under an Act as an Officer of the Legislature
and that person’s heirs and legal representatives.
Indemnification
3 The Crown, to the extent that each
Officer is not otherwise indemnified, indemnifies each Officer against all
costs, charges and expenses, including amounts paid to settle actions or
satisfy judgments, reasonably incurred by the Officer in respect of civil,
criminal or administrative actions or proceedings, to which the Officer is made
a party by reason of holding or having held that office if the Officer acted
honestly and in good faith with a view to the best interests of the public,
complies with the Schedule and, in the case of a criminal or administrative
action or proceeding enforceable by a monetary penalty, had reasonable grounds
for believing that the Officer’s conduct was lawful.
ATB indemnity
4 The Crown, through and in the name of its
agent Alberta Treasury Branches, may give indemnities for purposes of or
incidental to that corporation’s carrying on of its business of providing
financial services under its legislative powers.
AR 189/97 s2;151/2004
AFSC indemnity
4.05 The Crown, through and in the name of its
agent Agriculture Financial Services Corporation, may give indemnities for
purposes of or incidental to that corporation’s carrying on of its businesses
under its legislative powers.
AR 151/2004 s3
Chief of Police
indemnity
4.1(1) In this section,
(a) “Chief
of Police” means
(i) a Chief of Police from time to time of a municipal police
service,
(ii) a Chief of Police from time to time of a First Nation police
service, or
(iii) the Commanding Officer from time to time of “K” Division of the
Royal Canadian Mounted Police,
as more specifically
enumerated in any Ministerial Order issued by the Minister under section 85(1)
of the Freedom of Information and Protection of Privacy Act from time to
time;
(b) “delegated
duties” means duties delegated to a Chief of Police by the Minister to either
disclose or not to disclose information, in good faith, pursuant to section 32
of the Freedom of Information and Protection of Privacy Act;
(c) “Minister”
means the Solicitor General for the Province of Alberta;
(d) “Protocol”
means the “Protocol Regarding the Release of Information in Respect of
Individuals who are Believed to Present a Risk of Significant Harm to the
Health or Safety of any Person, Group of Persons or the General Public”, in
such form as might be approved by the Minister from time to time.
(2) The
Minister of Finance may on behalf of the Crown indemnify a Chief of Police
against all costs, charges and expenses, including amounts paid to settle
actions or satisfy judgments, reasonably incurred by the Chief of Police in
respect of civil, criminal or administrative actions or proceedings to which
the Chief of Police is made a party by reason of exercising delegated duties in
accordance with the Protocol, subject to the following conditions:
(a) that
the Chief of Police has accepted the delegated duties;
(b) that
the Chief of Police has acted honestly and in good faith with a view to the
best interests of the public in the performance of the delegated duties;
(c) in
the case of criminal or administrative actions or proceedings enforceable by a
monetary penalty, that the Chief of Police had reasonable grounds for believing
that the conduct was lawful;
(d) that
the Chief of Police complies with the Protocol;
(e) that,
where applicable, the Chief of Police complies with the Schedule, subject to
subsection (3).
(3) Section
1(a) of the Schedule does not apply in respect of any indemnification made
available to the Chief of Police by his or her employer.
AR 74/2001 s2;151/2004
Canadian Blood Agency
indemnity
5 The Minister of Health and Wellness may
on behalf of the Crown enter into one or more agreements with other provinces
or territories to provide for the giving of indemnities by the Crown to any or
all of
(a) former,
present and future directors and officers of the Canadian Blood Agency,
(b) former,
present and future members of the Scientific Advisory Committee of the Canadian
Blood Agency, and
(c) present
and future members, directors and officers of the national organization formed to replace the Canadian
Blood Agency, present and future members of any committee established by that
national organization and present and future members appointed on behalf of
Alberta to the transition bureau established for the purposes of the formation
of that national organization
for anything done or
not done by those persons while carrying out duties or exercising powers in
good faith in connection with the administration of the National Blood Supply
Program.
AR 5/98 s2;206/2001
Canadian Blood
Services Captive Insurance
Company Limited indemnity
5.05(1) In
this section,
(a) “CBS”
means Canadian Blood Services;
(b) “CBSCI”
means Canadian Blood Services Captive Insurance Company Limited, a wholly owned
subsidiary of CBS, or its successor.
(2) The Minister of Health and Wellness
may on behalf of the Crown give an indemnity to CBSCI for the purpose of
facilitating the provision by CBSCI of excess insurance coverage to CBS,
subject to the following conditions:
(a) the
maximum aggregate liability of the Crown under an indemnity given under this
section must not exceed $97 987 500 or such greater amount, adjusted
to reflect changes in the proportionate populations of the provinces and
territories that constitute the membership of CBS, as the Minister of Finance may
from time to time approve;
(b) CBS
must maintain excess insurance coverage as set out in the CBSCI insurance
policy approved by the provinces and territories that constitute the membership
of CBS;
(c) where CBS has insurance coverage that would
cover the same or substantially the same matters as those for which an
indemnity may be given under this section, coverage under those other insurance
policies must be fully utilized before any payment is made pursuant to an
indemnity given under this section.
AR 134/2006 s2;179/2006
School board
indemnity
5.1(1) In this section,
(a) “legal
expenses” includes judgments, settlement amounts, legal costs, solicitor‑client
costs and other costs and expenses incurred in respect of a legal action or
other legal proceeding;
(b) “school
board” means a board as defined in section 1 of the School Act or
section 1 of the Northland School Division Act;
(c) “school
board official” means
(i) any trustee of a school board, and
(ii) any teacher, official, officer or other employee or agent of or
employed or otherwise engaged by a school board,
and includes their heirs and
representatives;
(d) “teacher”
means a teacher as defined in section 1 of the School Act;
(e) “trustee”
means a trustee as defined in section 1 of the School Act.
(2) The
Minister of Finance may, on behalf of the Crown, indemnify any school board and
any school board official against all legal expenses incurred by the school
board or any school board official arising out of or in respect of claims by a person
for damages suffered by that person arising out of that person’s attendance at
a native residential school in Alberta.
(3) It
is a condition of any indemnity given under this section that the indemnity is
only in effect if, in respect of the subject‑matter for which the legal
expenses were incurred,
(a) the
person indemnified acted honestly and in good faith, and
(b) in
the case of criminal or administrative action enforceable by a monetary
penalty, the person indemnified had reasonable grounds for believing that the
person’s conduct was lawful.
(4) Where
a school board or a school board official has insurance coverage that would
cover the same or substantially the same legal expenses as those for which an
indemnity is given under this section, the Minister of Finance, if the Minister
considers it appropriate in the circumstances, may require that the coverage
under the insurance be totally utilized or utilized to such an extent as the
Minister considers appropriate before any payment is made pursuant to the
indemnity given under this section.
(5) When
giving an indemnity under this section or at any time prior to the indemnity
being acted on, the Minister of Finance may make the indemnity subject
(a) to
any terms or conditions that are additional to the terms and conditions
provided for under subsections (3) and (4), or
(b) to
any limitations as to the amount of or the extent of the indemnity,
or any combination of
terms, conditions and limitations that the Minister considers appropriate in
the circumstances.
AR 165/2001 s2;35/2002
Orphan fund indemnity
6 The Minister of Finance is authorized, on
behalf of the Crown, to indemnify each director and officer of the Alberta Oil
and Gas Orphan Abandonment and Reclamation Association referred to in the Orphan
Fund Delegated Administration Regulation and their heirs and
representatives against all costs, charges and expenses, including amounts paid
to settle actions or satisfy judgments, reasonably incurred by the director or
officer in respect of civil, criminal or administrative actions or proceedings,
to which the director or officer is made a party by reason of holding or having
held that position, if the director or officer
(a) acted
honestly and in good faith with a view to the best interests of the
Association,
(b) complied
with the Schedule, and
(c) in the case of a criminal or administrative
action or proceeding enforceable by a monetary penalty, had reasonable grounds
for believing that the director’s or officer’s conduct was lawful.
AR 61/2001 s2;151/2004
Metis settlements
ombudsman indemnity
7(1) In this section,
(a) “Act”
means the Metis Settlements Act;
(b) “associate
personnel” means
(i) any person engaged by the Minister to provide services in
relation to the office of the Metis Settlements Ombudsman;
(ii) any person employed or otherwise engaged by a person referred to
in subclause (i) for the purposes of providing any of the services in relation
to the office of the Metis Settlements Ombudsman;
(iii) if the Metis Settlements Ombudsman is authorized to appoint a
person as an inspector or an investigator under section 171 of the Act or to
carry out audits under section 172 of the Act, any person so appointed;
(c) “Metis
Settlements Ombudsman” means the person designated by the Minister as the Metis
Settlements Ombudsman;
(d) “Minister”
means the Minister referred to in section 171 of the Act;
(e) “prescribed
duties” means
(i) with respect to the Metis Settlements Ombudsman, the exercise or
performance of any powers or duties that the Metis Settlements Ombudsman is
authorized by the Minister to exercise or perform;
(ii) with respect to any associate personnel engaged in providing
services to the Minister in relation to the office of the Metis Settlements
Ombudsman, the provision of any of those services;
(iii) with respect to any associate personnel appointed as an inspector
or an investigator under section 171 of the Act, the carrying out of any
functions by that person as an inspector or an investigator;
(iv) with respect to any associate personnel appointed under section
172 of the Act to carry out audits, the carrying out of any function by that
person in respect of those audits.
(2) The
Minister of Finance is authorized, on behalf of the Crown, to indemnify the
Metis Settlements Ombudsman and associate personnel against all costs, charges
and expenses, including amounts paid to settle actions or satisfy judgments,
reasonably incurred by any of those persons in respect of civil, criminal or
administrative actions or proceedings, to which any of those persons is made a
party by reason of carrying out any prescribed duties, if the person
(a) acted
honestly and in good faith with a view to carrying out the prescribed duties,
(b) complied
with the Schedule, and
(c) in the case of a criminal or administrative
action or proceeding enforceable by a monetary penalty, had reasonable grounds
for believing that the conduct of the person was lawful.
AR 75/2003 s2;151/2004
Receiver, trustee
etc. indemnity
8(1) In this section, “representative” means a
receiver, trustee, receiver‑manager, liquidator or monitor or any other
person appointed by the Crown or by a court at the request of the Crown in
relation to an insolvency, bankruptcy or liquidation.
(2) The Minister of Finance may on behalf of the
Crown, on such terms and conditions as the Minister of Finance requires,
indemnify a representative appointed by, at the request of, or with the
concurrence of the Crown against all costs, charges and expenses, including
losses resulting from unpaid remuneration provided for in the appointment and
including amounts paid to settle actions or satisfy judgments, reasonably
incurred by the representative in respect of civil, criminal or administrative
actions or proceedings to which the representative is made a party by reason of
duties performed under that appointment, if the representative acted honestly
and in good faith, complies with the Schedule and, in the case of a criminal or
administrative action or proceeding enforceable by a monetary penalty, had
reasonable grounds for believing that the representative’s conduct was lawful.
AR 205/2003 s2
