(1) Notwithstanding any law to the contrary, the Crown is vicariously liable
in respect of the tort committed by a person in the service of the Crown in
the performance or purported performance by the person of a function
(including an independent function) where the performance or purported
performance of the function:
(a) is in the course of the person's service with
the Crown or is an incident of the person's service (whether or not it was a
term of the person's appointment to the service of the Crown that the person
perform the function), or
(b) is directed to or is incidental to the carrying
on of any business, enterprise, undertaking or activity of the Crown.
(2)
Subsection (1) does not apply to or in respect of a tort committed by a person
in the conduct of any business, enterprise, undertaking or activity which is:
(a) carried on by the person on the person's own account, or
(b) carried on
by any partnership, of which the person is a member, on account of the
partnership.
