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E-6.1 - Act respecting the regulation of the financial sector
Section 104.2
Disposition versions
104.2. (Replaced).
2004, c. 37, s. 47; 2016, c. 7, ss. 176 and 179; 2018, c. 232018, c. 23, s. 6311.
104.2. If the president, a vice-president or another member of the Tribunal is prosecuted by a third party for an act done in the exercise of the functions of office, the Tribunal shall assume the person’s defence and shall pay any damages awarded as compensation for the injury resulting from that act, unless the person committed a gross fault or a personal fault separable from those functions.
In penal or criminal proceedings, however, the Tribunal shall pay the defence costs of the president, a vice-president or another member of the Tribunal only if the person had reasonable grounds to believe that the conduct was in conformity with the law, or was discharged or acquitted.
104.2. If the chair, a deputy chair or another member of the board is prosecuted by a third party for an act done in the exercise of the functions of office, the board shall assume the person’s defence and shall pay any damages awarded as compensation for the injury resulting from that act, unless the person committed a gross fault or a personal fault separable from those functions.
In penal or criminal proceedings, however, the board shall pay the defence costs of the chair, a deputy chair or another member of the board only if the person had reasonable grounds to believe that the conduct was in conformity with the law, or was discharged or acquitted.
