Common use of ARTICLE LEGAL INDEMNIFICATION Clause in Contracts

ARTICLE LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. Notwithstanding Clause the Board may refuse payment otherwise under Clause where the actions of the member from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a member of the service. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the service, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to section of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. Where during an inquest under the Coroners Act a member’s conduct is called into question because of acts done in the attempted performance of his duties as a member of the Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member’s interest at such inquiry, but only if: the Chief of Police or the Board does not provide counsel to represent the Service, at the Board’s expense; or,

ARTICLE LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her hisher duties as a member of the service Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has the subject of a criminal investigation because of acts done in the attempted performance in good faith of duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member is, the completion of any grievance and arbitration process that may be initiated, disciplined, in which event the member shall not be eligible for indemnificationhereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of one counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstanding Clause paragraphs and the Board may refuse payment otherwise authorized under Clause paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the service. Where Service When a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the service, he/she Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action where the Board is not joined in the action as a party pursuant to section of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. Where during an inquest under the Coroners Act a member’s conduct is called into question because of acts done in the attempted performance of his duties as a member of the Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member’s interest at such inquiry, but only if: the Chief of Police or the Board does not provide counsel to represent the Service, at the Board’s expense; or,following circumstances only:

ARTICLE LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. Notwithstanding Clause the Board may refuse payment otherwise under Clause where the actions of the member from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a member of the service. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the serviceService, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges, Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of his/her duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined, in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of one counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstanding paragraphs and the Board may payment otherwise under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the Service. When a member is a defendant in a civil action for damages because of acts done during his/her tour of duty in the attempted performance in good faith of his/her duties as a member of the Service he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where in the following circumstances only: Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to section of the Police Services Act Act, and neither the Chief of Police nor the Board does not defend defends the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police and/or the Board are joined as a party or elect to deal with such applications for approval to retain counsel and approval defend the action, but the solicitor retained on behalf of the counsel Chief of Police and/or the Board and the member is of the view that it would be improper for him/her to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by act for both the Chief of Police and/or the Board and a the member of the Association Executive designated for in that purposeaction. Where during an inquest under the Coroners Act a member’s A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his his/her duties as a member of the Service, the member Service shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member’s interest at such inquiry, but only iffollowing circumstances only: Where the Chief of Police or and/or the Board does not provide counsel to represent the Service, member at the inquest at the Board’s expense; or,or Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.

ARTICLE LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a police officer, shall be indemnified for the necessary and legal costs incurred by the member during the investigation of the service incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in by the defence member during that investigation unless, arising from or as a result of such chargesinvestigation, the member becomes the subject of a hearing under the Police Services Act and his or her conduct is found to constitute misconduct or unsatisfactory work performance, in which event the member shall not be eligible for indemnificationhereunder. Notwithstanding Clause Paragraph hereof also applies to officers who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on- site investigation by It is understood that the legal costs of one counsel for each officer identified as a subject officer will be indemnified and that the legal costs of one counsel collectively for all officers identified as witness officers will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under Clause paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the servicepolice officer. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the service, he/she police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to section of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. Where during an inquest under the Coroners Act a member’s conduct is called into question because of acts done in the attempted performance of his duties as a member of the Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member’s interest at such inquiry, but only if: the Chief of Police or the Board does not provide counsel to represent the Service, at the Board’s expense; or,following circumstancesonly:

ARTICLE LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the service Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted in good faith of duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined, in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of one counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstanding Clause paragraphs and the Board may refuse payment otherwise authorized under Clause paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the service. Where Service.. When a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the service, he/she Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to section of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. Where during an inquest under the Coroners Act a member’s conduct is called into question because of acts done in the attempted performance of his duties as a member of the Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member’s interest at such inquiry, but only if: the Chief of Police or the Board does not provide counsel to represent the Service, at the Board’s expense; or,following circumstances only:

ARTICLE LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the service police officer, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of duties as a police shall be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member becomes the subject of a hearing under the Police Services Act and his or her conduct is found to constitute misconduct or unsatisfactory work performance, in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to who, although not the subject of a criminal investigation, have incurred legal costs during the initial, site investigation by It is understood that the legal costs of one counsel for each officer identified as a subject officer will be indemnified and that the legal costs of one counsel collectively for all identified as witness officers will indemnified with respect to that investigation. Notwithstanding Clause paragraphs and the Board may refuse payment otherwise under Clause paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the servicepolice officer. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the service, police officer he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where in the following circumstances only: Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to section of the Police Services Act Act, and neither the Chief of Police or the Board does not defend defends the action on behalf of the Board himself/herself and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police and/or the Board are joined as a party or elect(s) to deal with such applications for approval to retain counsel and approval defend the action, but the solicitor retained on behalf of the counsel Chief of Police and/or the Board and the member is of the view that it would be improper for him/her to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by act for both the Chief of Police and/or the Board and a the member of the Association Executive designated for in that purposeaction. Where during an inquest under the Coroners Act a member’s A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his his/her duties as a member of the Service, the member police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing interests in any such inquest in the protection of the member’s interest at such inquiry, but only iffollowing circumstances only: Where the Chief of Police or and/or the Board does not provide counsel to represent the Service, member at the inquest at the Board’s expense; or,or Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.