PART XV.1 RECORDS OF SITE CONDITION
Delegation agreement
168.9 (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the Director’s powers and duties relating to the establishment, maintenance and operation of the Registry, including the Director’s duties under subsection 168.4 (3).  2001, c. 17, s. 2 (36). Contents of agreement (2) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and such other provisions as the Minister considers advisable in the public interest, including provisions, (a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits; (b) setting the financial terms of the delegation; (c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance; (d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital; (e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.  2001, c. 17, s. 2 (36). Regulation (3) A delegation under a delegation agreement is not effective unless the Minister makes a regulation, (a) prescribing the powers and duties that are to be delegated by the agreement; and (b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.  2001, c. 17, s. 2 (36). Revocation of delegation (4) The Minister may by regulation revoke a delegation if, in the opinion of the Minister, (a) the delegate has contravened or failed to comply with this Act or the regulations; (b) the delegate has contravened or failed to comply with the delegation agreement; or (c) it is in the public interest to do so.  2001, c. 17, s. 2 (36). Effect of regulation (5) The delegation is revoked by a regulation made under subsection (4) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.  2001, c. 17, s. 2 (36). Notice (6) The Minister may give the delegate such notice of the intention to make a regulation under subsection (4) as the Minister considers reasonable in the circumstances.  2001, c. 17, s. 2 (36). Other remedies not affected (7) The power to revoke a delegation is in addition to and does not bar or affect the Minister’s right to exercise any other remedy under the delegation agreement or at law.  2001, c. 17, s. 2 (36). Obligations of delegate (8) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.  2001, c. 17, s. 2 (36). Minister may appoint directors (9) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for such terms of office as the Minister considers appropriate.  2001, c. 17, s. 2 (36). Remuneration, expenses of Ministerial appointees (10) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.  2001, c. 17, s. 2 (36). Delegate not a Crown agency (11) A delegate is not an agent of Her Majesty for any purpose, despite the Crown Agency Act, and shall not hold itself out as such.  2001, c. 17, s. 2 (36). Crown not liable for delegate’s acts (12) No action or other proceeding shall be instituted against the Crown, the Minister or any employee in the Ministry, (a) for any act done in the execution or intended execution of a power or duty delegated under this section or for an alleged neglect or default in the execution of a power or duty delegated under this section; or (b) for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under this section.  2001, c. 17, s. 2 (36); 2006, c. 35, Sched. C, s. 36 (7). Annual report (13) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.  2001, c. 17, s. 2 (36). Additional reports (14) A delegate shall provide additional reports to the Minister as may be required by the delegation agreement or requested by the Minister.  2001, c. 17, s. 2 (36). Regulations (15) The Minister may make regulations, (a) prescribing the powers and duties of the Director that are to be delegated under a delegation agreement; (b) specifying the individual, partnership or corporation to whom such powers and duties are to be delegated; (c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.  2001, c. 17, s. 2 (36). General or particular (16) A regulation made under subsection (15) may be general or particular in its application.  2001, c. 17, s. 2 (36). Definition (17) In this section, “delegation agreement” means an agreement under subsection (1).  2001, c. 17, s. 2 (36). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 2 (36)
- 01/10/2004 2006, c. 35, Sched. C, s. 36 (7) - 20/08/2007 PART XV.2   SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS Interpretation