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Transfer of rights and liabilities.
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39.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the establishment day in relation to a function of the Minister corresponding to a function conferred on the Board by this Act shall, on that day, be transferred to the Board.
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(2) The Minister may on his or her own initiative, and shall on the application of the Board, issue a certificate in respect of a specified contract or commitment stating, as the Minister thinks proper, that the rights and liabilities of the Minister under such contract or commitment were transferred on the establishment day to the Board under this section or were not so transferred, and the certificate shall be conclusive evidence of the facts so stated.
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(3) Every right and liability transferred by subsection (1) to the Board may, on and after the establishment day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.
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