P-40.1 - Consumer Protection Act

Section 260.20 Disposition versions

1989-08-03

260.20. The provisional administrator shall have the necessary powers to carry out the mandate entrusted to him by the president.

Subject to the restrictions included in his mandate, he may, of his own initiative, in particular,

(a)  take possession of the funds held in trust or otherwise by or for the merchant;

(b)  commit the said funds to carry out the mandate entrusted to him by the president and enter into such contracts as are necessary for that purpose;

(c)  establish the number and identity of the holders of contracts of additional warranty;

(d)  assign, transfer or otherwise dispose of the contracts of additional warranty;

(e)  fix the residual value of the contracts of additional warranty as it stands on the date he determines and, where applicable, establish a method of distribution of the funds;

(f)  transact upon any claim by a consumer against the merchant for the performance of a contract of additional warranty;

(g)  sue for the purposes of the carrying out of his mandate.

In no case may the provisional administrator be sued by reason of acts performed in good faith in the performance of his duties.

1988, c. 45, s. 2.