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AR 22/97 INDEMNITY AUTHORIZATION REGULATION

(Consolidated up to 58/2018)

ALBERTA REGULATION 22/97

Financial Administration Act

INDEMNITY AUTHORIZATION REGULATION

Table of Contents

                1      Definition

             1.1      Application

                2      Authority

                3      Indemnification

                4      ATB indemnity

           4.05      AFSC indemnity

             4.1      Chief of Police indemnity

                5      Canadian Blood Agency indemnity

           5.05      Canadian Blood Services Captive Insurance
Company Limited indemnity

             5.1      School board indemnity

                6      Orphan fund indemnity

                7      Metis settlements inspections, investigations
and audits indemnity


                8      Receiver, trustee etc. indemnity

                9      Financial institutions encashment indemnity

              10      Metis settlements official manager and comptroller indemnity

              11      Canadian third party structured asset‑backed commercial paper indemnity

              12      Provincial Court judges and masters in chambers indemnity

              13      Justices of the peace indemnity

              14      Power purchase arrangement 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 President of Treasury Board and 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;68/2008;31/2012;62/2013

Canadian Blood Agency indemnity

5   The Minister of Health 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;170/2012

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 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 President of Treasury Board and 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;68/2008;31/2012;170/2012;62/2013

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 President of Treasury Board and 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 President of Treasury Board and 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 President of Treasury Board and 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;68/2008;31/2012;62/2013

Orphan fund indemnity

6   The President of Treasury Board and 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;68/2008;31/2012;62/2013

Metis settlements inspections, investigations
and audits indemnity

7(1)  In this section,

                               (a)    “Act” means the Metis Settlements Act;

                              (b)    “associate personnel” means

                                        (i)    any person who had been engaged by the Minister to provide services in relation to the office of the former Metis Settlements Ombudsman;

                                      (ii)    any person who had been 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 former Metis Settlements Ombudsman;

                                     (iii)    any person who had been appointed by the former Metis Settlements Ombudsman as an inspector or an investigator under section 171 of the Act or to carry out audits under section 172 of the Act;

                               (c)    “former Metis Settlements Ombudsman” means a person who had been designated by the Minister as the Metis Settlements Ombudsman;

                              (d)    “former Regulation” means the Metis Settlements Ombudsman Regulation (AR 116/2007);

                               (e)    “Minister” means the Minister referred to in section 171 of the Act;

                               (f)    “prescribed duties” means

                                        (i)    with respect to the former Metis Settlements Ombudsman, the exercise or performance of any powers or duties that the former Metis Settlements Ombudsman was authorized by the Minister or the former Regulation to exercise or perform;

                                      (ii)    with respect to any associate personnel who had been engaged in providing services in relation to the office of the former Metis Settlements Ombudsman, the provision of any of those services;

                                     (iii)    with respect to any associate personnel who had been appointed as an inspector or an investigator under section 171 of the Act or under the former Regulation, the carrying out of any functions by that person as an inspector or an investigator;

                                     (iv)    with respect to any associate personnel who had been appointed under section 172 of the Act or under the former Regulation to carry out audits, the carrying out of any function by that person in respect of those audits;

                                       (v)    with respect to any person 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;

                                     (vi)    with respect to any person 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;

                                    (vii)    with respect to any person appointed under section 173 of the Act to assist an inspector or an investigator, the carrying out of any functions by that person to assist an inspector or an investigator.

(2)  The President of Treasury Board and Minister of Finance is authorized, on behalf of the Crown, to indemnify the former Metis Settlements Ombudsman, associate personnel and any person referred to in subsection (1)(f)(v) to (vii) 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.

(3)  The President of Treasury Board and Minister of Finance is authorized, on behalf of the Crown, to indemnify

                               (a)    Harley Johnson, by reason of carrying out any powers or duties with respect to the Ministerial Order issued by the Minister and dated April 14, 2003,

                              (b)    MSO Services Inc., by reason of providing any of the services specified in contract #AAND00/01‑01 made effective April 1, 2003 between Her Majesty the Queen in right of Alberta and MSO Services Inc., and

                               (c)    persons employed or otherwise engaged by MSO Services Inc. or Harley Johnson by reason of providing services in relation to the powers, duties or services referred to in clauses (a) and (b)

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 powers or duties or providing any services, if the person

                              (d)    acted honestly and in good faith with a view to carrying out such powers, duties, functions or services,

                               (e)    complied with the Schedule, and

                               (f)    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;6/2008;68/2008;31/2012;62/2013;

220/2017

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 President of Treasury Board and Minister of Finance may on behalf of the Crown, on such terms and conditions as the President of Treasury Board and 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;68/2008;31/2012;62/2013

Financial institutions encashment indemnity

9(1)  In this section, “Minister” means the President of Treasury Board and Minister of Finance.

(2)  The Minister may, on behalf of the Crown, on such terms and conditions as the Minister requires, indemnify a financial institution for the amount payable on a benefit cheque

                               (a)    issued by the Crown with respect to a benefit program of the Crown, and

                              (b)    presented for encashment,

where the benefit cheque was fraudulently negotiated.

AR 6/2008 s3;68/2008;31/2012;62/2013

Metis settlements official manager and
comptroller indemnity

10(1)  Subject to subsection (2), the President of Treasury Board and Minister of Finance is authorized, on behalf of the Crown, to indemnify

                               (a)    an official manager appointed under section 31(1) of the Metis Settlements Act,

                              (b)    a comptroller appointed under section 178(1) of the Metis Settlements Act, and

                               (c)    any

                                        (i)    person employed or otherwise engaged by an official manager or a comptroller, or

                                      (ii)    person or employee of any person engaged by the Minister responsible for the Metis Settlements Act

                                       to assist an official manager or a comptroller, as the case may be, in carrying out the official manager’s or the comptroller’s duties and functions

against all costs, charges and expenses, including amounts paid to settle actions or satisfy judgments, reasonably incurred by the official manager, the comptroller or a person referred to in clause (c) in respect of civil, criminal or administrative actions or proceedings, to which the official manager, the comptroller or the other person is made a party by reason of holding or having held that appointment, employment or engagement, as the case may be.

(2)  An official manager, a comptroller or a person referred to in subsection (1)(c) may be indemnified only if the official manager, the comptroller or the other person

                               (a)    acted honestly and in good faith,

                              (b)    complies 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 official manager’s, the comptroller’s or the other person’s conduct, as the case may be, was lawful.

(3)  This section applies to an official manager, a comptroller or a person referred to in subsection (1)(c) appointed, employed or engaged, as the case may be, before or after the coming into force of this section.

AR 94/2008 s2;31/2012;62/2013

Canadian third party structured asset‑backed commercial paper indemnity

11(1)  The President of Treasury Board and Minister of Finance may on behalf of the Crown enter into one or more agreements with the Government of Canada, the governments of other provinces or other parties to provide for the giving of indemnities by the Crown in connection with the restructuring of Canadian third party structured asset‑backed commercial paper.

(2)  The maximum aggregate liability of the Crown under indemnities given by the Crown pursuant to an agreement or agreements entered into under this section must not exceed $300 million.

AR 2/2009 s2;31/2012;62/2013

Provincial Court judges and masters in chambers indemnity

12(1)  In this section, “Minister” means the member of the Executive Council responsible for the Provincial Court Act and the Court of Queen’s Bench Act.

(2)  The Minister is authorized on behalf of the Crown, on the terms and conditions recommended by a Judicial Compensation Commission that are binding on the Crown, to indemnify a judge of the Provincial Court of Alberta or a master in chambers against all costs, charges and expenses, including amounts paid to settle actions or satisfy judgments, incurred by the judge or master in chambers in respect of civil, criminal or administrative actions or proceedings, including any complaints, charges or inquiries, and whether a party or not, arising out of his or her conduct as a judge or master in chambers.

AR 220/2017 s3

Justices of the peace indemnity

13(1)  In this section, “Minister” means the member of the Executive Council responsible for the Justice of the Peace Act

(2)  The Minister is authorized on behalf of the Crown, on the terms and conditions recommended by a Justices of the Peace Compensation Commission that are binding on the Crown, to indemnify a justice of the peace against all costs, charges and expenses, including amounts paid to settle actions or satisfy judgments, incurred by the justice of the peace in respect of civil, criminal or administrative actions or proceedings, including any complaints, charges or inquiries, and whether a party or not, arising out of his or her conduct as a justice of the peace.

AR 58/2018 s2

Power purchase arrangement indemnity

14   The Minister of Energy may on behalf of the Crown provide indemnities as part of any settlement agreement entered into in relation to a power purchase arrangement.

AR 215/2016 s2;58/2018

 


Schedule   

1   Each indemnified person shall comply with the following terms and conditions except, in the case of a criminal action or proceeding or an administrative action or proceeding that is enforced by a monetary penalty:

                               (a)    to the extent the person has a right of action against another person, whether for damages or indemnification or otherwise, the person shall assign that right to the Crown and subrogate the Crown to that right to the extent of the amounts paid by the Crown or for which the Crown is liable;

                              (b)    any barrister and solicitor who acts for the person shall be approved for that purpose by the Minister of Justice and Solicitor General;

                               (c)    the person shall promptly give the Minister of Justice and Solicitor General written notice, with all available particulars, of the action or proceeding and of all claims made in it;

                              (d)    the person shall promptly forward to the Minister of Justice and Solicitor General all documents, including letters, advices and writs, received by him from or on behalf of a claimant in respect of the action or proceeding;

                               (e)    the person shall not voluntarily assume any liability in respect of or settle the action or proceeding except at the person’s own cost;

                               (f)    the person shall not interfere in any way in the action or proceeding or any negotiations for settlement of it;

                               (g)    the person shall, whenever requested by the Crown, aid in securing information and evidence and the attendance of any witness and co‑operate with the Crown, except in a pecuniary way, in the defense of the action or proceeding and any appeal;

                              (h)    if the Crown is not also a party to the action or proceeding, the person shall consent to any order or permission from the Court that may be applied for by the Crown to be added as a party or to be allowed to make representations on its own behalf without being a party.

AR 22/97 Sched.;170/2012;85/2016