BILL 2 – 2004
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

 
Part 11 -- Administration

Definition

174 In this Part, "administrative agreement" means the agreement referred to in section 177 [administrative agreement with administrative authority required].

Director

175 (1) The minister may designate as a director either or both of the following:

(a) an individual appointed under the Public Service Act;

(b) the administrative authority, if the Lieutenant Governor in Council has approved the administrative agreement.

(2) If the minister designates both an individual and the administrative authority as directors and both directors may carry out powers, functions and duties under this Act at the same time, the minister must specify in each designation

(a) the powers, functions and duties that the individual or administrative authority may carry out as director, and

(b) the restrictions to the carrying out of those powers, functions and duties.

(3) The director may delegate, with or without conditions, any of the director's powers, functions or duties under this Act, including, without restriction, powers, functions or duties relating to compensation funds, licensing or enforcement, to a person or a class of persons.

Inspector

176 (1) The director may designate persons or a class of persons as inspectors.

(2) The director may impose restrictions on the powers, duties and functions that an inspector may carry out under this Act.

Administrative agreement with
administrative authority required

177 (1) Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an administrative agreement with the administrative authority permitting the authority to carry out some or all of the powers, functions and duties of a director under this Act.

(2) An administrative agreement must include provisions that specify all of the following:

(a) the expected outcomes to be achieved by the authority in carrying out the powers, functions and duties of a director under this Act;

(b) the performance objectives of the authority;

(c) the acceptance by the authority of the responsibility to carry out powers, functions and duties the authority is permitted to carry out under subsection (1);

(d) the terms for financial arrangements between the authority and the government, including the collection and payment of fees due to the authority or the government and any other financial transitional matters;

(e) the right of access of the authority to records created by the government and the right of access of the government to records created by the authority;

(f) the requirements for records management by the authority;

(g) the requirement that the authority report to the government any matters in respect of the authority carrying out the powers, functions and duties of a director under this Act;

(h) a requirement that the authority carry adequate insurance;

(i) indemnification between the authority and the government;

(j) the obligations of the parties if the agreement is terminated;

(k) the time period of the agreement or the procedure for the review of the agreement by the authority and the government;

(l) procedures for the settlement of disputes;

(m) the liability of the authority arising out of the authority carrying out the powers, functions and duties of the director under this Act.

(3) The administrative authority must comply with the terms of the administrative agreement, and may not carry out the powers, functions and duties of the director under this Act except in accordance with that agreement.

(4) Subject to the approval of the Lieutenant Governor in Council, the minister may amend or revoke the administrative agreement without the consent of the administrative authority if the minister gives the authority prior written notice.

Designation does not make administrative
authority an agent of the government

178 If the administrative authority is designated as a director, the authority is not an agent of the government for the purpose of that designation.

Power of administrative authority to set fees

179 (1) Despite the power of the Lieutenant Governor in Council to make regulations prescribing the amount of payments to a compensation fund or respecting any fees or charges payable in respect of a licence, the administrative authority may set the amounts, fees or other charges if the administrative authority is designated as a director and, as director, is authorized to carry out powers, functions and duties related to the imposition of the amount, fee or charges payable to a compensation fund or for a licence.

(2) In setting amounts, fees and charges under subsection (1), the administrative authority must comply with a fee setting process that

(a) is established by the administrative authority, and

(b) is in accordance with criteria that the minister may establish by regulation.