Yes. The provincial law is found in the Financial Administration Act, R.S.B.C. 1996, c. 138, the Excluded Employees Indemnity Protection Regulation, B.C. Reg. 72/2012 [issued pursuant to the Public Service Act, R.S.B.C. 1996, c. 385] and the Excluded Employees (Legal Proceedings) Indemnity Regulation, B.C. Reg. 162/2022 (collectively, the “Provincial Legislative Scheme”).
The Provincial Legislative scheme is insufficient to meet bylaw 82. The Provincial Legislative Scheme is not an “insurance policy” as required by bylaw 82.
The protection for management employees in the Provincial Legislative Scheme is somewhat comparable to a private PLI policy as the legislative scheme would pay damages to the public for the acts or omissions of a management-level social worker employed by the provincial government (if the management-level social worker’s conduct was not dishonest, malicious or otherwise in bad faith).
However, Bylaw 82 also requires the purchase of a PLI policy which would “apply to any non-registrant who assists the registrant in providing social work or clinical social work services to clients.” A non-registrant assistant would presumably not be in a management position in government and would therefore not be covered under the Provincial Legislative Scheme.