41.01

Subject to the other provisions of this Article:

(a) an employee charged with but found not guilty of a criminal or other federal offence, because of acts done in good faith in the performance of their duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges;

(b) an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of their duties as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;

(c) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;

(d) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other civil action for damages arising out of acts done in good faith in the performance of their duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines they are unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and

(e) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of their duties and counsel acting on behalf of the Employer determines they are unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.

(f) Employees shall be entitled to legal indemnification under this article with respect to matters relating to the Mandatory Blood Testing Act, 2006 as set out in Police Orders.

41.02

Employees shall not be indemnified for legal costs arising from:

(a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Ontario Act, 2006;

(b) the actions or omissions of employees acting in their capacity as private citizens; or

(c) investigations and complaints under the Respectful Workplace Policy.

41.03

For the purposes of 41.01(a) and 41.01(b), an employee:

(a) shall be deemed to have been found not guilty where: they are finally acquitted; the charges are withdrawn; or they are discharged following a preliminary inquiry; and

(b) shall be deemed to have been found guilty where: they are given an absolute or conditional discharge; or they subsequently are found guilty of or pleads guilty to other charges arising out of the same incident(s).

41.04

(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which they require legal representation.

(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.

(c) The employee shall enter into a written retainer agreement with counsel retained by the employee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer.

(d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work.

(e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Employer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.

41.05

For the purposes of this Article:

(a) The legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance from the Association in respect thereof or that the Association paid or incurred the expenses directly; and

(b) “Employees” shall include a former employee or their estate where the charge and/or action arose out of a situation that occurred while the former employee was still an active employee of the Ontario Provincial Police or the Ontario Police College.

41.06

Any disputes regarding the granting of legal indemnification shall be resolved by way of grievance under Article 4 (Grievance Procedure) subject to the following:

(a) Any finding of guilt in a statutory offence proceeding, or

(b) any finding of liability in a civil action for damages

shall be determinative of the issue of guilt or liability for the purpose of any grievance proceeding in relation to this Article.

41.07

For the purposes of this Article, a reference to an Act shall be deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.

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