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"Point in Time" Regulation Content

Financial Administration Act

Excluded Employees (Legal Proceedings) Indemnity Regulation

B.C. Reg. 62/2012

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 May 18, 2018
March 11, 2021
Section 2 March 11, 2021
Section 4 March 11, 2021
Section 8 March 11, 2021
Section 9 August 1, 2018
Section 9.1 July 11, 2022
Section 10 March 11, 2021
Section 11 March 11, 2021
Section 16 March 11, 2021
Section 21 March 11, 2021
March 11, 2021
Section 23 March 11, 2021
Section 29 March 11, 2021
November 26, 2021
Section 39 March 11, 2021

 Section 1 (1) definitions of "ADAG", "administrator" and "Legal Services Branch" BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

"ADAG" means the Assistant Deputy Attorney General, Legal Services Branch, Ministry of Justice;

"administrator" means,

(a) in respect of an employee other than a person described in paragraph (b), the agency head, or

(b) in respect of Crown counsel, the Assistant Deputy Attorney General, Criminal Justice Branch, Ministry of Justice;

"Legal Services Branch" means the Legal Services Branch of the Ministry of Justice;

  Section 1 (1) definition "agency head" BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

"agency head" has the same meaning as in section 1 of the Public Service Act, and includes a person to whom the agency head has delegated his or her duties or powers under section 39 of this regulation;

  Section 2 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Nothing in this regulation prevents an employee from retaining his or her own legal counsel in respect of a proceeding, on terms and conditions set by the employee, at the employee's own expense.

  Section 4 (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(c) a dispute between the employee and his or her employer respecting the employee's employment;

  Section 8 (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the evidence or testimony the employee is to provide relates to information acquired in the course of his or her employment, and

 Section 9 (3) (b) BEFORE amended by BC Reg 153/2018, effective August 1, 2018.

(b) the government from indemnifying an employee in circumstances where coverage under this regulation does not apply, if that further indemnity complies with the Guarantees and Indemnities Regulation.

  Section 9.1 was enacted by BC Reg 162/2022, effective July 11, 2022.

  Section 10 (1) part BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

the employee must, at the earliest possible opportunity, inform his or her deputy minister in writing of the proceeding and that he or she is likely to be seeking the coverage.

  Section 11 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) An employee who wishes coverage in respect of a proceeding must deliver to the deputy minister, within a reasonable time after informing his or her deputy minister of the proceeding, a written request for coverage in the form required by the administrator.

  Section 16 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the evidence or testimony the employee is to provide relates to information acquired in the course of his or her employment, and

  Section 21 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(1) Subject to subsection (2), the government may provide coverage only in respect of legal fees, disbursements and other expenses or financial obligations that arise or are incurred after the date an employee informs his or her deputy minister, under section 10 [employee must provide notice], of a proceeding involving the employee.

  Section 21 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the employee could not reasonably comply with the requirement to inform his or her deputy minister before the legal fees, disbursements and other expenses or financial obligations arose or were incurred, and

  Section 23 (5) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(a) the employee's legal counsel must submit his or her accounts, prepared in accordance with the retainer agreement, to the reviewer;

  Section 29 (2) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(b) to disclosure to the employee, his or her legal counsel, a reviewer, or any other person responsible for administration of this regulation or otherwise involved in coverage,

 Section 29 (3) (a) BEFORE amended by BC Reg 297/2021, effective November 26, 2021.

(a) consent under section 33.1 (1) (b) [consent to disclosure of personal information] of the Freedom of Information and Protection of Privacy Act to disclosure by the government of the total amount paid or incurred by the government for an employee's coverage related to a proceeding, and

  Section 39 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

39   The agency head may delegate any of his or her duties or powers under this regulation, except the power to delegate, to an employee of the BC Public Service Agency.