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POLICY NUMBER - 65
Page 1 of 1
Policy Subject / Title - Legal Action Proceedings
GENERAL STATEMENT OF POLICY
65.01 It shall be the intention of the Region of Queens Municipality to provide clear
direction to the Chief Administrative Officer concerning the commencement or
defense of a legal action or proceeding before a court of competent jurisdiction.
POLICY INFORMATION
65.02 The Chief Administrative Officer shall be solely and completely responsible for
the enforcement and prosecution of all offenses ticketed by the Region's Bylaw
Enforcement Officers under the Summary Proceedings Act of Nova Scotia,
including, for the purpose of prosecution, the engagement of the Region's
solicitor or hiring other solicitors as the need may arise or be prudent. This,
however, does not limit or prevent a Bylaw Enforcement Officer from issuing
tickets under the Summary Proceedings Act in order to carry out their job in a
responsible manner.
65.03 All commencements of legal action against the Region shall be responded to by
the solicitor of the Chief Administrative Officer's choosing, notice of such
commencement of action and the Chief Administrative Officer's solicitor of choice
shall be forwarded to all members of Council as soon as possible immediately
after a decision is made by the Chief Administrative Officer. In some cases, the
Chief Administrative Officer may consult with Council before making the above
decisions.
65.04 Notwithstanding Section 65.03, in all cases where the claim is made against the
Region through on of the Region's insurers, then the insurer has the right to
select its own solicitor(s).
65.05 Council shall be kept up-to-date on all legal proceedings against the Region on a
regular basis by the Chief Administrative Officer in camera.
Approved by Council:
August 16, 2004