Immunity Protection - Act Part 10, Section 84.3

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section provides immunity for anything done or omitted to be done in the course of the director’s duties or powers under the Act. 

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Text of Legislation

84.3  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director, or a person acting on behalf of or under the direction of the director, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

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Policy Interpretation

Subsection (1)

This section of the Act provides immunity to the director or a director’s delegate for acts done or omitted in the performance or intended performance of any duty under the Act or the exercise or intended exercise of any power under the Act.

Subsection (2)

The immunity referred to in subsection (1) does not extend to acts done or omitted in bad faith by the director or a director’s delegate.

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Related Information

Related sections of the Act or Regulation

ESA

• s. 84, Power to compel persons to answer questions and order disclosure
• s. 84.1, Maintenance of order at hearings
• s. 84.2, Contempt proceeding for uncooperative person
• s.85, Entry and inspection powers
• s.120, Warrant to carry out inspection powers
• s.121, Director cannot be required to give evidence in other proceedings
• s.122, Service of determinations and demands

ESR

• s.46, Production of records