Government of Saskatchewan
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Wednesday, February 10, 2016
Saskatchewan Justice

Subject to specific exemptions, The Proceedings Against the Crown Act establishes that the government is legally responsible for all acts of its officers or agents.

An officer of the Crown includes all public servants employed directly by the Crown. Ministers are also servants of the Crown. However, Crown corporations are liable in their own right and the Crown is not subject to proceedings against a Crown corporation or other Crown agency.

An agent includes an independent contractor employed by the Crown.
The Act provides that, in respect of wrongs committed by any of its servants or agents, the Crown is subject to all the liabilities to which it would be subject if it were a person of full age and capacity.

The Crown may also use any defence that would be available if the proceedings were an action between private persons.

Officers and agents are not liable personally or in their official capacity if they are performing their duties in good faith.

The Court of Queen's Bench may make any order against the Crown that it would make against a person except it can not grant an injunction or make an order for specific performance. Instead, the Court may make an order declaring the rights of the parties.

The Court also can not make an order for recovery of land or delivery of property but may make an order declaring that the claimant is entitled to certain land or property.

The right of set-off or counterclaim is not available against the Crown, except if the subject matter of the set-off or counterclaim relates to a matter under the administration of the particular government department with respect to which the proceedings are brought.

The Crown is entitled to, and may be liable for, damages or other costs. The Minister of Finance must pay any amount payable by the Crown. No execution or attachment can be issued out of any court against the Crown (i.e., no judgment for enforcement proceedings can be taken against the Crown).

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