Policy 6.9.2 Legal Services Access and Management

· Islands Trust Area · Policies · 1992

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Topics: Bylaw enforcement · First Nations & reconciliation · Governance & budget — our classification, not the Trust's.

Extracted text (beginning)

POLICY – 6.9.2 Legal Services Access and Management Page 1 
 
Policy: 6.9.2 
Approved By: Trust Council 
Approval Date: December 5, 1992 
Amendment Dates:  June 6, 1997; September 
16, 2005; June 9, 2021 
(Repealed 6.9.1) 
Policy Holder: Chief Administrative Officer 
 
LEGAL SERVICES ACCESS AND MANAGEMENT 
Purpose 
 To outline the process to access and manage the provision of legal services, and instruct and monitor the use 
of legal counsel in a manner that is efficient and cost effective. 
A. Definitions 
n/a 
B. Policy 
1.  Legal Counsel Access 
1.1  Opening and/or extending legal files with legal counsel shall only be initiated through 
staff using established legal services management procedures. 
1.2 A staff member or an individual trustee has the authority to contact Islands Trust legal 
counsel to deal with matters of a potential conflict of interest regarding his or her self 
when approved by the Chief Administrative Officer (CAO). 
1.3  Trustee requests for opening new and/or extending existing legal files must be 
initiated by a resolution of the appropriate local trust committee, Executive 
Committee, Trust Council, or Islands Trust Conservancy Board. 
1.4 Trustee requests for consultation with legal counsel may be facilitated by staff in a 
manner that permits obtaining of legal advice such that it is available to others 
concerned, and /or the Trust in general. 
1.5  Subject to the Islands Trust indemnification bylaw, where a trustee is a named 
defendant in a litigation matter, he/she shall be able to access Islands Trust’s legal 
counsel on matters related to the litigation.  In this instance, instructions to legal 
counsel must be provided by the CAO or a Director, following consultation with the 
trustee. 
2.  Authority to Consult with Legal Counsel 
2.1 The following staff have the authority to consult with legal counsel: Chief 
Administrative Officer (CAO), Director of Local Planning Services, Director of 
Administrative Services, Director of Trust Area Services, Legislative Services Manager, 

 
POLICY – 6.9.2 Legal Services Access and Management Page 2 
Islands Trust Conservancy Manager, Planners, and Bylaw Compliance and Enforcement 
Officers. 
 
2.2 Staff must contact legal counsel through the use of a Legal Services Request (LSR) form 
which shall be completed without charge by legal counsel, and endorsed by the CAO, a 
Director or designate. A Legal Services Request form must be used for services that are 
expected to exceed $100.00. 
2.3 Directions from a local trust committee (except section 1.2) to staff to access legal 
counsel services must result from a local trust committee resolution.  
2.4 Matters of local trust committees initiating litigation must be approved by resolution 
of the Executive Committee. 
2.5 Requests from Executive Committee, Trust Council and/or council committees (except 
section 1.2) to staff to access legal services shall result from a resolution.  The CAO’s 
(or designate’s) approval of suc

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