Liability for torts 50. (1) The board or the Crown in right of Ontario, as the case may be, is liable in respect of torts committed by members of the police force in the course of their employment. R.S.O. 1990, c. P.15, s. 50 (1). Indemnification of member of municipal police force (2) The board may, in accordance with the guidelines established under clause 31 (1) (h), indemnify a member of the police force for reasonable legal costs incurred, (a) in the defence of a civil action, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith. R.S.O. 1990, c. P.15, s. 50 (2). Agreement (3) A majority of the members of a police force and the board may, in an agreement made under Part VIII, provide for indemnification for the legal costs of members of the police force, except the legal costs of a member who is found guilty of a criminal offence; if such an agreement exists, the board shall indemnify members in accordance with the agreement and subsection (2) does not apply. R.S.O. 1990, c. P.15, s. 50 (3); 1997, c. 8, s. 31 (1). Council responsible for board’s liabilities (4) The council is responsible for the liabilities incurred by the board under subsections (1), (2) and (3). R.S.O. 1990, c. P.15, s. 50 (4). Indemnification of member of O.P.P. (5) The Minister of Finance may indemnify, out of the Consolidated Revenue Fund, a member of the Ontario Provincial Police for reasonable legal costs incurred, (a) in the defence of a civil action, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith. R.S.O. 1990, c. P.15, s. 50 (5); 1997, c. 8, s. 31 (2).
Posted on: Tue, 23 Jul 2013 15:01:42 +0000
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