INDEMNIFICATION BYLAW

Pursuant to Section 95 of the School Act, it is in the interest of a responsive and efficient public service that trustees, officers and employees be protected against a claim of damages arising out of the performance of their duties.  None of these individuals should be placed in a position of personal liability for the performance of responsibilities vested in them by the School Act or assigned to them by the Board.  The provisions below do not apply to employees who have an indemnification agreement in their Collective Agreement or Contract of Employment.

ByLaw:

1. The Board will indemnify a trustee, an officer or an employee of the Board, or a member of an Indigenous Education Council:
   1. Against a claim for damages against the trustee, officer, employee, or member of an Indigenous Education Council arising out of performance of their duties, or,
   2. Where an inquiry under the Public Inquiry Act or other proceeding involves the administration and conduct of the business of the School District and, in addition, the Board may pay legal costs incurred in proceedings arising out of the claim, inquiry or other proceeding.

2. The Board may, by affirmative vote of a majority of not less than 2/3 of all its members, pay:

   1. Any sum required to indemnify a trustee, an officer, an employee of the Board, or member of an Indigenous Education Council where a prosecution arises out of the performance of their duties with the Board, and,
   2. Costs necessarily incurred, but the Board shall not pay a fine imposed on a trustee, an officer, an employee or a member of an Indigenous Education Council, as a result of their conviction.

3. The Board’s obligation to indemnify a trustee, an officer, an employee, or member of an Indigenous Education Council, in respect of matters occurring during their term of office, employment or membership on an Indigenous Education Council shall continue, notwithstanding that the term of office, employment or membership, as the case may be, has ended. 

4. The Board shall not seek indemnity against a trustee, an officer, an employee of the Board, or member of an Indigenous Education Council in respect of any action by the trustee, officer or employee or member of an Indigenous Education Council that results in a claim for damages against the Board except:

   1. Where the claim for damages arises out of the gross negligence of the trustee, officer, employee, or member of an Indigenous Education Council, or

   2. Where, in relation to the action that gave rise to a claim for damages against an officer or employee, the officer or employee willfully acted contrary to:

      1. The terms of their employment, or

      2. An order of a superior

5. Where the Board decides to pay legal costs incurred in proceedings out of a claim, inquiry under the Public Inquiry Act or other proceedings, the Board has the right to conduct the defense of the matter and, in its discretion, to compromise and/or settle the claim.

6. The Board shall not indemnify a trustee, officer, employee, or member of an Indigenous Education Council against:

   1. Liability and legal fees incurred as a result of an action or other proceeding taken by the Board against the trustee, officer, employee, or member of an Indigenous Education Council, or as a result of an action or proceeding taken by the trustee, officer, employee or member or employee against the Board,
   2. Legal fees incurred in responding to a complaint under the Trustee Code of Conduct,
   3. Legal fees incurred in responding to a complaint under Administrative Procedure 403 (Intimidation and Harassment) or a complaint under the bullying and harassment provisions of a collective agreement,
   4. Legal fees incurred in response to a complaint to the Teacher Regulation Branch or an investigation or hearing conducted by the Teacher Regulation Branch,
   5. Liability to pay a fine, penalty or order imposed as a result of the conviction for an offence,
   6. Legal fees incurred as a result of a prosecution where the trustee, officer, employee, or member of an Indigenous Education Council is convicted of an offence or obtains a conditional discharge,
   7. Legal fees incurred in an appeal of any conviction, sentence, judgment or order,
   8. Liability and legal fees incurred by a trustee where the Court determines that the trustee knowingly contravened the School Act,
   9. Liability incurred by a trustee, officer, employee, or member of an Indigenous Education Council, where the Court determined that the trustee, officer, employee, or member of an Indigenous Education Council knowingly permitted or authorized an expenditure not authorized by an enactment,
   10. Liability incurred by a trustee as a result of any restitution ordered pursuant to Section 62 of the School Act, and,
   11. Those matters for which the Board may seek indemnity from an employee pursuant to its authority under Section 95 of the School Act,

unless the Board at the request of a trustee, officer, employee or member of an Indigenous Education Council or at its own instance, by majority or other legally required majority established by the School Act expressly determines otherwise and any such indemnity is not otherwise precluded by law.

5.  The Board may enter into individual indemnity agreements with its officers and employees not inconsistent with provisions of the School Act.