BILL 44
An Act to Amend the
Municipalities Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is
amended by adding after section 27.01 the following:
Indemnification against
liability
27.02(1) This section applies to the following:
(a) a fire department, brigade or association
that provides fire protection services within a local service district;
(b) a member or former member of a fire
department, brigade or association referred to in paragraph (a);
(c) the legal representatives or heirs
of a person referred to in paragraph (b).
27.02(2) The Minister may indemnify a body or person referred to in subsection
(1) against all costs, charges and expenses, including any amount
paid to settle an action or satisfy a judgment, reasonably incurred
by them in relation to any civil, criminal or administrative action
or proceeding to which they are made a party by reason of the actions
of a member or former member as a member of the fire department, brigade
or association or by reason of being or having been a member of the
fire department, brigade or association, as the case may be, if the
member or former member
(a) acted honestly and in good faith,
and
(b) in the case of a criminal or administrative
action or proceeding that is enforced by a monetary penalty, had reasonable
grounds for believing the conduct was lawful.
27.02(3) A body or person referred to in subsection (2) is entitled
to indemnity from the Minister in relation to all costs, charges and
expenses reasonably incurred in connection with the defence of any
civil, criminal or administrative action or proceeding referred to
in subsection (2) to which that body or person is made a party if
(a) the body or person seeking indemnity
was substantially successful on the merits in defence of the action
or proceeding, and
(b) the member or former member in respect
of whose actions the action or proceeding was brought fulfills the
conditions set out in paragraphs (2)(a) and (b).
2 The
Act is amended by adding after section 193.2 the following:
IMMUNITY — FIRE PROTECTION
SERVICES
Immunity —
fire protection services
193.3 No action or other proceeding for damages
shall be instituted against any of the following bodies or persons
for any loss, injury or damage suffered by reason of anything in good
faith done or omitted to be done by a member or former member of a
fire department, brigade or association that provides fire protection
services within a municipality, rural community or local service district,
by reason of the member or former member acting as a member of the
fire department, brigade or association:
(a) Her Majesty in right of the Province;
(b) the Minister;
(c) a municipality;
(d) a rural community;
(e) the fire department, brigade or
association;
(f) a member or former member of the
fire department, brigade or association; or
(g) the legal representatives or heirs
of a person referred to in paragraph (f).