Mr. Chairman, currently indemnification for employees and former employees is contained in policy and collective agreements. The indemnification policy provides that if legal action is brought against an employee or former employee for acts undertaken within the scope of their employment, the GNWT will provide legal counsel and any associated costs, so long as the employee was not negligent in their duties or their conduct does not constitute a gross disregard of his or her duties as an employee.
Recently it was discovered that technically, this is not permitted by the Financial Administration Act. The proposed amendments will permit the indemnification of public service employees.
The proposed changes to the Financial Administration Act do two things. First, the amendments will clarify that all indemnities that have been made in the past for employees will be deemed to have been legally made and will remain in force.
Second, the amendments expand the current provisions under the FAA to authorize the Minister responsible for the Public Service Act to indemnify, on behalf of the GNWT and upon recommendation of the Financial Management Board, future public service employees.
These proposed amendments have minimal impact in that they are consistent with current practice and will ensure the Financial Administration Act clearly provides authority to the government to indemnify its employees. Thank you, Mr. Chairman.