(Consolidated up to 94/2008)

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 ombudsman indemnity

                8       Receiver, trustee etc. indemnity

                9       Financial institutions encashment indemnity

              10       Metis settlements official manager and comptroller 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 and Enterprise 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

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 and Enterprise 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

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 and Enterprise 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 and Enterprise, 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 and Enterprise 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

Orphan fund indemnity

6   The Minister of Finance and Enterprise 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

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 or the Regulation to exercise or perform;

                                          (ii)    with respect to any associate personnel engaged in providing services 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 or under the Regulation, 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 or under the Regulation to carry out audits, the carrying out of any function by that person in respect of those audits;

                                  (f)    “Regulation” means the Metis Settlements Ombudsman Regulation (AR 116/2007).

(2)  The Minister of Finance and Enterprise 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.

(3)  The Minister of Finance and Enterprise 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

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 and Enterprise may on behalf of the Crown, on such terms and conditions as the Minister of Finance and Enterprise 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

Financial institutions encashment indemnity

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

(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

Metis settlements official manager and
comptroller indemnity

10(1)  Subject to subsection (2), the Minister of Finance and Enterprise 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

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 Attorney General;

                                 (c)    the person shall promptly give the Minister of Justice and Attorney 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 Attorney 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 leave 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.