43 (1) Subject to subsection (2), the Authority’s board of directors may, by resolution, appoint an individual as the administrator of an industry funding organization for the purposes of assuming control of it and responsibility for its activities. 2016, c. 12, Sched. 2, s. 43 (1). Condition precedent (2) The Authority’s board may appoint an administrator under subsection (1) only if it considers it advisable in the public interest to do so because at least one of the following conditions is satisfied: 1.  The appointment is necessary to facilitate winding up the industry funding organization. 2.  The appointment is necessary to facilitate winding up a waste diversion program. 3.  There are not enough members on the board of directors of the industry funding organization to form a quorum for the transaction of business. 4.  The industry funding organization has dealt with money or another asset in any way other than in accordance with subsection 15 (6). 2016, c. 12, Sched. 2, s. 43 (2). Notice of appointment (3) The Authority’s board shall give the organization’s board the notice that it considers reasonable in the circumstances before appointing the administrator. 2016, c. 12, Sched. 2, s. 43 (3). Immediate appointment (4) Subsection (3) does not apply if there are not enough members on the organization’s board to form a quorum. 2016, c. 12, Sched. 2, s. 43 (4). Term of appointment (5) The appointment of the administrator is valid until the Authority’s board passes a resolution terminating it. 2016, c. 12, Sched. 2, s. 43 (5). Powers and duties of administrator (6) Unless the resolution appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the members of the board and the officers of the industry funding organization. 2016, c. 12, Sched. 2, s. 43 (6). Same (7) In the resolution appointing the administrator, the Authority’s board may specify the administrator’s powers and duties and the conditions governing them, subject to subsection (8). 2016, c. 12, Sched. 2, s. 43 (7). Same (8) The administrator is a member of the industry funding organization for the purposes of any provision of Part VI of the Corporations Act or Part XII of the Not-for-Profit Corporations Act, 2010 that is prescribed to apply to the organization under section 23 of this Act. 2017, c. 20, Sched. 8, s. 143 (4). Right re documents, etc. (9) The administrator has the same rights as the organization’s board of directors in respect of the organization’s documents, records and information. 2016, c. 12, Sched. 2, s. 43 (9). Report to Authority (10) The administrator shall report to the Authority’s board as that board requires. 2016, c. 12, Sched. 2, s. 43 (10). No personal liability (11) No action or other proceeding shall be instituted against the administrator for an act done in good faith and in a reasonable manner in the execution or intended execution of a duty or power under this Act, the regulations or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power. 2016, c. 12, Sched. 2, s. 43 (11). Liability of organization (12) Subsection (11) does not relieve the industry funding organization of liability to which it would otherwise be subject. 2016, c. 12, Sched. 2, s. 43 (12). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 2, s. 77 (3) - 19/10/2021 2017, c. 20, Sched. 8, s. 143 (3) - 14/11/2017; 2017, c. 20, Sched. 8, s. 143 (4) - 19/10/2021