WHEREAS the Council of The Regional Municipality of Peel enacted By-law Number 38-2005 to provide for certain insurance, indemnification and reimbursement of employees and members of Council by The Regional Municipality of Peel;

AND WHEREAS, Regional Council on February 13, 2014 adopted Resolution 2014-94 directing that staff prepare a policy that provides for full coverage of legal costs to a member of Regional Council who is finally found upon a judicial determination not to have contravened the Municipal Conflict of Interest Act;

AND WHEREAS, in order to give effect to the direction of Regional Council, it is desirable to amend By-law 38-2005;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

1. The title to By-law 38-2005 is amended to insert ", indemnification" immediately following the word "insurance", so that the title as amended reads: "A by-law to provide for certain insurance, indemnification and reimbursement of employees and members of Council by The Regional Municipality of Peel".
   
   
2. That the recital to By-law 38-2005 is amended by the insertion of the words "provide indemnification to" immediately following the words "... act as an insurer and to", so that the recital as amended reads to commence as follows: "WHEREAS The Regional Municipality of Peel (the "Region") desires to be or to act as an insurer and to provide indemnification to:".
   
   
3. That By-law 38-2005 is amended to insert a third recital as follows: "AND WHEREAS the Municipal Conflict of Interest Act provides the Region with authority to do so, pursuant to section 14 thereof;".
   
   
4. That paragraph 1(a) of By-law 38-2005 is amended to delete the words "the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended,".
   
   
5. That paragraph 1(c) of By-law 38-2005 is amended to delete "Section 5" and to substitute "this By-law" therefor.
   
   
6. That By-law 38-2005 is amended to insert the following new Section 3.1 immediately following Section 3: "Notwithstanding Section 2, in lieu of defending or representing a member of Council in a proceeding under the Municipal Conflict of Interest Act, the Region shall, subject to Section 5.1, provide coverage to an individual who has retained their own legal counsel pursuant to Section 8".
   
   
7. That By-law 38-2005 is amended to insert the follow Section 5.1 immediately following Section 5: "5.1 In the case of a proceeding against a member of Council pursuant to the Municipal Conflict of Interest Act, coverage shall be provided pursuant to this By-law only to a member of Council who has been found not to have contravened Section 5 of that Act."
   
   
8. That By-law 38-2005 is amended to delete the words, "Section 5 of" where they appear in Sections 6 and 7.
   
   
9. That By-law 38-2005 is amended by the insertion immediately following the words "... not make payment under this By-law unless" of the following: "i) subject to Section 5.1, the defence or representation is required in connection with a proceeding under the Municipal Conflict of Interest Act, or", and by the insertion immediately preceding the words "the Region declined..." of "ii)", so that Section 8 of By-law 38-2005 as amended reads as follows:
   
   

   	"8. A covered individual may retain their own legal counsel for their defence or representation in a covered action or proceeding in lieu of defence or representation by the Region, provided that the Region shall not reimburse the covered individual for their legal costs and shall not make payment under this By-law unless i) subject to Section 5.1, the defence or representation is required in connection with a proceeding under the Municipal Conflict of Interest Act, or ii) the Region declined to provide or terminated defence or representation and determined instead to reimburse the covered individual for their legal costs of defence or representation in accordance with this By-law, either because:
   		(a)	the covered individual has demonstrated to the satisfaction of the Region that there exists a clear legal conflict between the interests of the Region and of the covered individual; or
   		(b)	the Region has determined that it would be inappropriate for the Region to defend or continue to defend and represent the covered individual."

   
   
10. That paragraph 9(a) of By-law 38-2005 is amended to delete the words "to Section 5" and to substitute "this By-law" therefor.
    
    
11. That By-law 38-2005 is amended to delete the words "of the nature set out in Section 5" where they appear in Section 12 thereof.
    
    
12. That By-law 38-2005 is amended by deleting the words "under Section 5 hereof" where they appear in Section 14.
    
    
13. That By-law 38-2005 is amended by deleting the words "Section 5" where they appear in Section 19 and substituting "this By-law" therefor.
    
    
14. This By-law takes effect as of the day of the enactment of By-law 38-2005 on the 10th day of March 2005.
    

READ THREE TIMES AND PASSED IN OPEN COUNCIL this 27^th day of February, 2014.