36AValidation of transfers made without prior approval

36A Validation of transfers made without prior approval

(1) This section applies if the transfer of all or any of the assets of a patriotic fund requiring the approval of the Governor in Council, the Minister or the Director under section 34, 35 or 36 occurred before that approval was obtained.

(2) The Governor in Council, on the recommendation of the Minister, may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Governor in Council under section 35 or 36.

(3) The Minister may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Minister under section 36.

(4) The Director may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Director under section 34, 35 or 36.

(5) Subject to subsection (6), if the transfer of assets of a patriotic fund is validated under this section, all acts, matters and things done by the trustees with respect to, for the administration of, and for the purpose of the transfer that occurred before the validation was given are, and are taken always to have been, valid and effectual for all purposes as if approval had been given before the transfer.

(6) Subsection (5) does not exempt any trustee from civil or criminal liability for any breach of trust or other unlawful act, whether by omission or commission, for which the trustee was legally responsible before the validation was given.