Agreement regarding performance by another person
16. (1) A service manager may enter into an agreement with any person providing for that person to perform all or some of the duties or exercise all or some of the powers of the service manager under this Act with respect to all or part of the service manager’s service area. 2000, c. 27, s. 16 (1). Conditions or restrictions (2) The authority of the service manager to enter into the agreement, and the scope of the agreement, is subject to such conditions or restrictions as may be prescribed. 2000, c. 27, s. 16 (2). Same (3) The agreement may impose conditions or restrictions on the person. 2000, c. 27, s. 16 (3). Restriction (4) The agreement cannot provide that the person performs duties or exercises powers of a service manager under Part VII (Payment of Provincial and Local Housing Costs). 2000, c. 27, s. 16 (4). Reports, etc. (5) The agreement must require the person to, (a) give the service manager such reports, documents and information as the service manager may request relating to the performance of the service manager’s duties and exercise of the service manager’s powers; and (b) give the requested reports, documents and information to the service manager at the times and in the form and manner requested by the service manager. 2000, c. 27, s. 16 (5). Control of records (6) The agreement must provide that the service manager retains control of every record that is created by, or is in the custody of, the other person, if the record relates to the duties or powers that are subject to the agreement and if the other person is not an institution for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act. 2000, c. 27, s. 16 (6). Powers of municipality (7) A municipality may enter into an agreement mentioned in subsection (1) to perform all or some of the duties or exercise all or some of the powers of a service manager under this Act with respect to all or part of the service manager’s service area, and a municipality that enters into such an agreement has the powers necessary to carry it out. 2000, c. 27, s. 16 (7). Powers of other service manager (8) A service manager may enter into an agreement mentioned in subsection (1) to perform all or some of the duties or exercise all or some of the powers of another service manager under this Act with respect to all or part of the other service manager’s service area, and a service manager that enters into such an agreement has the powers necessary to carry it out. 2000, c. 27, s. 16 (8). Status of other person (9) The person performing the service manager’s duties or exercising its powers shall be deemed to be acting on behalf of the service manager in doing so, and a decision made by the person in performing those duties or exercising those powers shall be deemed to be a decision of the service manager. 2000, c. 27, s. 16 (9). Same (10) A service manager that has entered into an agreement under this section providing for another person to perform any of the service manager’s duties or exercise any of its powers under this Act remains responsible for the performance of those duties and the exercise of those powers. 2000, c. 27, s. 16 (10). Information (11) A service manager that has entered into an agreement under this section providing for another person to perform any of the service manager’s duties or exercise any of its powers under this Act shall give the person any information the service manager considers necessary for the appropriate performance of the duties or exercise of the powers. 2000, c. 27, s. 16 (11).