TC - Islands Trust Council Trust Officials Indemnification Bylaw No. 145

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ISLANDS TRUST COUNCIL 
BYLAW NO. 145 
 
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A BYLAW TO INDEMNIFY TRUST OFFICIALS AGAINST ACTIONS AND PROSECUTIONS BROUGHT 
AGAINST THEM IN CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES 
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WHEREAS section 287.2(7) of the Local Government Act provides that Trust Council may, by bylaw, 
indemnify a Trust Official in accordance with a bylaw.  
 
NOW THEREFORE the Trust Council, in open meeting assembled, enacts as follows: 
 
Definitions  
1.    In this Bylaw, unless the context otherwise requires: 
“a body of the Islands Trust” means the Trust Council, the executive committee, a local trust 
committee and the trust fund board as defined in section 1 of the Islands Trust Act. 
“action” means pursuit of a right in court without regard to the form of the procedure, including 
civil proceedings, judicial review proceedings, and other court proceedings. 
“Trust Official” means a person who is or was any of the following: 
a.   a trustee of a body of the Islands Trust under the Islands Trust Act 
b.   an officer or employee of the Trust Council under the Islands Trust Act 
c.   a member of an advisory planning commission under section 898 of the Local 
Government Act 
d.   a member of a board of variance under section 899 of the Local Government Act 
e.   an election official under section 167 of the Local Government Act 
f.    a volunteer who participates in the delivery of services by a body of the Islands Trust 
under the Islands Trust Act, under the supervision of an officer of employee of the Trust 
Council 
g.   a member of a select or standing committee of a body of the Islands Trust under the 
Islands Trust Act who is not also a member of a body of the Islands Trust. 
“Trust Council” has the meaning given in section 5 of the Islands Trust Act.  
 
Indemnification 
 
2.    Subject to the provisions of this Bylaw, the Trust Council will indemnify a Trust Official for 
payment of amounts required or incurred: 
a. to defend an action or prosecution brought against a Trust Official in connection with the 
exercise or intended exercise of the Trust Official’s powers or the performance or intended 
performance of the Trust Official’s duties or functions on behalf of a body of the Islands 
Trust; 
b. to satisfy a judgment, award or penalty imposed in an action or prosecution referred to in 
section 2(a); or 
c. in relation to an inquiry under the Public Inquiry Act, or to another proceeding, that involves 
the administration of the Islands Trust or the conduct of the business of a body of the 
Islands Trust. 

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Limitation of Indemnification 
 
3.    Notwithstanding section 2 of this Bylaw, a Trust Official shall not be indemnified pursuant to this 
Bylaw in relation to an action or prosecution broug

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