THE CORPORATION OF THE
CITY OF PORT COQUITLAM

B.R. Kirk DATE: June 20, 1991
City Administrator

LR. Zahynacz, P. Eng.
City Engineer

That the Council forward the attached Resolution to the UBCM for consideration at the UBCM
Convention to be held in September of 1991.

Discussion Paper entitled "Local Gove . Officials and Environmental Liabi ;
dated June 20, 1991, prepared by the unicipal Eng! ; Division of the Association of
Professional Engineers and Geoscientists of British Columbia. |

to protect the environment, Governments have passed strong Environmental
Protection Lesgislation with provisions for heavy fines and penalties upon conviction.

To the general public, this appears te make good sense, however, there are several concems for .
local government officials. (These legislations significantly increase the environmental liability ~
risk to elected and appointed local government officials.) Local government officials are
charged with numerous responsibilities including sewage collection, contaminated site —
regulation, construction or other activities in or near a fisheries stream, etc. In the event of
environmental accidents, recent court decisions have held that local government officials would
likely be charged, even if the local government official is performing required duties in good
faith, | 7 me
Historically, government officials who perform required duties for the public in good faith have
received statutory protection. In some circumst..ces, such as contaminated soil regulations, the
Province does indemnify Provincial officials but does not extend this protection to local

government officials. - | 7 | ‘ |

It is therefore proposed to reduce the risk to local government officials by amending the |
Municipal Act ‘and the Vancouver Charter to remove vague legal definitions and to allow. -
Councils to indemnify their local government officials. | oe a

‘TRZ: gc
Aitachments