Employee Indemnification and Legal Assistance Policy

What is employee “indemnification”?

Employee indemnification means that the Government will compensate you for financial losses that result from legal actions or proceedings taken against you during the course of your employment, provided certain conditions are met. An example of such a situation is if you are being sued for negligence while performing your job. If you meet the conditions, the Government will defend your case and cover any financial costs associated with it.

What are the conditions that must be met in order to have coverage under the Policy?

There are 3 criteria that must be met for you to be eligible for coverage:

  • Your actions or omissions must have been within the scope of your duties
  • You must have been acting in good faith
  • You must have reasonably believed that your conduct was lawful

Why is there an employee indemnification policy?

The Government believes that all employees who do their job in good faith deserve to be protected. The new policy allows employees to do their jobs without fear of personal liability.

How is this policy different than the previous Employee Liability Policy?

The previous policy did not cover the wide range of matters for which an employee may need to be indemnified, was silent on access to legal representation and did not set out any process for employees to seek indemnification and or legal assistance when required.

Does the policy apply to all government employees?

The policy applies to all civil servants, including bargaining unit employees, other direct employees of the Province, and per diem Crown Attorneys. It also applies to former employees and the estates of former employees.

What situations would give rise to my requiring indemnification?

Any situation where your actions or failure to act during the course of your employment that might give rise to the laying of a legal claim against you or any work-related situation where you might need a lawyer would give rise to the use of the Policy. Examples of such situations are:

  • If you are sued or threatening to be sued
  • If you are charged with a criminal offense
  • If you are charged an administrative penalty
  • If you are subject to a professional disciplinary hearing

What do I do if a situation arises where I need to use this policy?

You must inform your supervisor as soon as possible. You must provide the following details, as applicable:

  • Details of any actual charges or accusations against you
  • A description of the relevant event and any related circumstances
  • A list of persons directly involved and/or potential witnesses
  • Any steps you have taken to correct the situation

Who will provide me with legal services, if I do need them?

The policy provides for the provision of legal services in a variety of situations. In most circumstances, Department of Justice lawyers will provide the legal services. If the situation is such that they cannot, such as a conflict of interest, the Department of Justice will assign outside counsel to provide the services.

What if I want to hire my own lawyer to defend my case?

You may do so, but it would be at your own expense.

Will I need to pay the government back for indemnification or legal assistance provided to me under this policy?

The government may in some situations recover costs incurred. This may be done through any avenue available. Cost recovery will depend on the circumstances of each case.

If the government decides to indemnify me, can I still be subject to disciplinary actions related to the event?

Any decision to indemnify does not mean that you may not still be subject to disciplinary actions if the situation warrants.

You can view a full copy of the policy in the 500 Human Resources Management Manual.