46 (1) This section applies if a supervisor is appointed to operate and manage the affairs and activities of a society under paragraph 8 of subsection 44 (3). Term of appointment (2) The appointment of a supervisor is valid for a period not exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period at any time. Powers and duties of supervisor (3) Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the society and its members, directors, Executive Director and officers. Same (4) The Minister may, in the appointment, specify the supervisor’s powers and duties and the conditions governing them. Examples of powers and duties (5) Without limiting the generality of subsection (4), the supervisor’s powers and duties may include the following: 1. Carrying on the society’s affairs and activities. 2. Entering into contracts on the society’s behalf. 3. Arranging for bank accounts to be opened in the society’s name. 4. Authorizing persons to sign financial and other documents on the society’s behalf. 5. Hiring or dismissing employees of the society. 6. Making, amending or revoking the society’s by-laws. 7. Executing and filing documents on the society’s behalf, including applications under the Not-for-Profit Corporations Act, 2010 and notices and returns under the Not-for-Profit Corporations Act, 2010. 2017, c. 14, Sched. 1, s. 46 (5); 2017, c. 14, Sched. 3, s. 1. Continued powers and duties of society, etc. (6) If, under the appointment, the society or its members, directors, Executive Director or officers continue to have any powers or duties during the supervisor’s appointment, any exercise of that power or performance of that duty by the society or its members, directors, Executive Director or officers during that time is valid only if approved by the supervisor in writing. Assistance (7) The supervisor may apply to the Superior Court of Justice for an order directing a peace officer to assist the supervisor in occupying the premises of a society. Report to Minister (8) The supervisor shall report to the Minister as the Minister requires. Minister’s directions (9) The Minister may issue directions to the supervisor with regard to any matter within the supervisor’s jurisdiction, and the supervisor shall carry them out. No proceedings against Crown (10) No proceeding, other than a proceeding referred to in subsection (12), shall be commenced against the Crown or the Minister with respect to the appointment of the supervisor or any act of the supervisor done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power. No personal liability (11) No action or other proceeding shall be instituted against the supervisor for any act done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power. Crown liability (12) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (11) of this section does not relieve the Crown of liability to which the Crown would otherwise be subject in respect of a tort committed by a supervisor. 2017, c. 14, Sched. 1, s. 46 (12); 2019, c. 7, Sched. 17, s. 44 (1). Effect on board (13) On the appointment of a supervisor, the members of the society’s board cease to hold office, unless the appointment provides otherwise. Same (14) During the term of the supervisor’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the appointment provides otherwise. No personal liability (15) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the supervisor after the member’s removal under subsection (13) or while the member’s powers are suspended under subsection (14). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 1 - 19/10/2021 2019, c. 7, Sched. 17, s. 44 (1) - 01/07/2019 Restructuring Amalgamation by societies