BILL 16 – 2005
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2005

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Business Number Act

1 Section 1 of the Business Number Act, S.B.C. 2003, c. 50, is amended

(a) by repealing the definition of "designated enactment" and substituting the following:

"designated enactment" means

(a) except in section 2, section 10.1, or

(b) an enactment or a portion of an enactment designated by regulation; , and

(b) in the definition of "public body" by striking out "means" and substituting "means, except in section 10.1,".

2 The following section is added:

Collection of business information -- electronic identifier

10.1 If a business entity applies to the minister for an electronic identifier to be used to access services provided by a public body, as defined in the Freedom of Information and Protection of Privacy Act, the minister may require the business entity to provide business information to the minister for the purpose of authenticating the identity of that business entity.

 
Business Practices and Consumer Protection Act

3 Sections 142 and 143 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, are repealed and the following substituted:

Definition

142 In this Part, "designated activity" means a business, industry, trade, profession, occupation or employment designated by regulation under section 142.1.

Designated activities

142.1 (1) For the purposes of this Part, the Lieutenant Governor in Council may designate, by regulation, a business, industry, trade, profession, occupation or employment except any of those referred to in subsections (2) to (4).

(2) The Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment in relation to which any of the following apply:

(a) the Accountants (Certified General) Act;

(b) the Accountants (Chartered) Act;

(c) the Accountants (Management) Act;

(d) the Agrologists Act;

(e) the Applied Science Technologists and Technicians Act;

(f) the Architects Act;

(g) the Architects (Landscape) Act;

(h) the Building Officials' Association Act;

(i) the Chiropractors Act;

(j) the College of Applied Biology Act;

(k) the Community Care and Assisted Living Act;

(l) the Dentists Act;

(m) the Engineers and Geoscientists Act;

(n) the Fisheries Act;

(o) the Food Safety Act;

(p) the Foresters Act;

(q) the Game Farm Act;

(r) the Gaming Control Act;

(s) the Health Emergency Act;

(t) the Health Professions Act;

(u) the Hearing Aid Act;

(v) the Independent School Act.

(3) In addition to subsection (2), the Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment in relation to which any of the following apply:

(a) the Land Surveyors Act;

(b) the Legal Profession Act;

(c) the Liquor Control and Licensing Act;

(d) the Liquor Distribution Act;

(e) the Medical Practitioners Act;

(f) the Milk Industry Act;

(g) the Motor Dealer Act;

(h) the Music Teachers (Registered) Act;

(i) the Notaries Act;

(j) the Nurses (Registered) Act;

(k) the Optometrists Act;

(l) the Passenger Transportation Act;

(m) the Pharmacists, Pharmacy Operations and Drug Scheduling Act;

(n) the Podiatrists Act;

(o) the Private Investigators and Security Agencies Act;

(p) the Railway Safety Act;

(q) the Real Estate Services Act;

(r) the Safety Standards Act;

(s) the Social Workers Act;

(t) the Teaching Profession Act;

(u) the Tobacco Sales Act;

(v) the Veterinarians Act;

(w) the Wildlife Act.

(4) In addition to subsections (2) and (3), the Lieutenant Governor in Council may not designate a business, industry, trade, profession, occupation or employment that is subject to the authority of any of the following:

(a) the British Columbia Securities Commission;

(b) the British Columbia Utilities Commission;

(c) the Financial Institutions Commission;

(d) the Homeowner Protection Office;

(e) the Private Career Training Institutions Agency.

Licence required

143 A person must not engage in a designated activity unless the person is

(a) licensed to engage in the designated activity, or

(b) exempted by regulation from the requirement to be licensed.

4 Section 142.1 is amended

(a) by repealing subsection (2) (i),

(b) by repealing subsection (2) (l),

(c) by repealing subsection (2) (u),

(d) by repealing subsection (3) (e),

(e) by repealing subsection (3) (f),

(f) by repealing subsection (3) (j),

(g) by repealing subsection (3) (k),

(h) by repealing subsection (3) (m) and substituting the following:

(m) the Pharmacy Operations and Drug Scheduling Act; , and

(i) by repealing subsection (3) (n).

 
Credit Union Incorporation Act

5 Section 1 of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended

(a) in the definition of "central credit union" by striking out "public bodies, the Crown in right of Canada" and substituting "public bodies or the Crown in right of Canada", and

(b) by repealing the definition of "special resolution" and substituting the following:

"special resolution" means a resolution of which the notice required under section 78 has been given, and,

(a) in respect of a credit union other than a central credit union, or in respect of a central credit union the rules of which do not provide for that category of resolution as set out in section 92 (1.1), a resolution of the credit union or central credit union, passed by a majority of not less than 2/3 of the votes cast by members who are entitled to vote and,

(i) if the rules of the credit union provide as set out in section 72 or 73, who vote by any of the methods permitted under those rules, or

(ii) if the rules of the credit union do not provide as set out in section 72 or 73, who vote at a general meeting

(A) in person,

(B) through a representative who is present in person, if permitted by section 70 (3), or

(C) by a delegate who is present in person, if, in the case of a central credit union, the rules of the central credit union provide as set out in section 92 (1) (b) for voting by delegates, or

(b) in respect of a central credit union the rules of which provide for that category of resolution as set out in section 92 (1.1), a resolution of the central credit union, passed as permitted under those rules by a majority of votes that are cast by members who are entitled to vote and,

(i) if the rules of the central credit union provide as set out in section 72, who vote by any of the methods permitted under those rules, or

(ii) if the rules of the central credit union do not provide as set out in section 72, who vote at a general meeting

(A) in person,

(B) through a representative who is present in person, if permitted by section 70 (3), or

(C) by a delegate who is present in person, if the rules of the central credit union provide as set out in section 92 (1) (b) for voting by delegates.

6 Section 70 (1) is amended by striking out "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) if the credit union is a central credit union, in accordance with rules that provide as set out in section 92 for voting determined both by a simple majority and by a 2/3 majority on a proportional basis in respect of the same special resolution, or .

7 Section 92 is amended by adding the following subsection:

(1.1) The rules of a central credit union may provide that a specified category of special resolution must be passed by a majority of not less than

(a) 50% plus one of the votes cast, and

(b) 2/3 of the votes cast in accordance with rules that provide as set out in subsection (1) (b) for voting determined on a proportional basis.

 
Freedom of Information and Protection of Privacy Act

8 Section 30.1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following paragraph:

(c) if it was disclosed under section 33.1 (1) (i.1).

9 Section 33.1 (1) is amended

(a) by adding the following paragraph:

(c.1) if it is made available to the public in British Columbia under an enactment, other than this Act, that authorizes or requires the information to be made public; , and

(b) by repealing paragraph (i) and substituting the following:

(i) if

(i) the disclosure is for the purposes of collecting amounts owing to the government of British Columbia or a public body by

(A) an individual, or

(B) a corporation of which the individual the information is about is or was a director or officer, and

(ii) in relation to disclosure outside Canada, there are reasonable grounds for believing that

(A) the individual the information is about is in, resides in or has assets in the other jurisdiction, or

(B) if applicable, the corporation was incorporated in, is doing business in or has assets in the other jurisdiction;

(i.1) for the purposes of

(i) a payment to be made to or by the government of British Columbia or a public body,

(ii) authorizing, administering, processing, verifying or canceling such a payment, or

(iii) resolving an issue regarding such a payment; .

10 Section 33.2 (d) is amended by striking out "the public body" and substituting "a public body".

11 Schedule 1 is amended in the definition of "officer of the Legislature" by adding ", the merit commissioner appointed under the Public Service Act" after "the Chief Electoral Officer".

 
Land Title Act

12 Section 23 (2) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) by adding "as registered owner" after "person named in the title", and

(b) by repealing paragraph (i) and substituting the following:

(i) the right of a person deprived of land to show fraud, including forgery, in which the registered owner has participated in any degree; .

13 Section 25 (2) (c) is repealed.

14 The following section is added:

Void instruments -- interest acquired or not acquired

25.1 (1) Subject to this section, a person who purports to acquire land or an estate or interest in land by registration of a void instrument does not acquire any estate or interest in the land on registration of the instrument.

(2) Even though an instrument purporting to transfer a fee simple estate is void, a transferee who

(a) is named in the instrument, and

(b) in good faith and for valuable consideration, purports to acquire the estate,

is deemed to have acquired that estate on registration of that instrument.

(3) Even though a registered instrument purporting to transfer a fee simple estate is void, a transferee who

(a) is named in the instrument,

(b) is, on the date that this section comes into force, the registered owner of the estate, and

(c) in good faith and for valuable consideration, purported to acquire the estate,

is deemed to have acquired that estate on registration of that instrument.

15 Section 294.21 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "transferee" means a transferee who, in good faith and for valuable consideration, acquires an estate or interest in land less than a fee simple estate. ,

(b) in subsection (2) by striking out "purchaser is subject to a proceeding under this Part in respect of land of which the purchaser" and substituting "transferee is subject to a proceeding under this Part in respect of an estate or interest in land of which the transferee" and by striking out "purchaser's vendor or", and

(c) by repealing subsection (3).

16 Section 294.22 (2) is amended by striking out "caused solely" and substituting "caused, solely or partially,".

17 Section 294.6 (f) is amended by striking out "if the loss, damage or deprivation has been" and substituting "in respect of the proportion of the loss, damage or deprivation".

18 Section 297 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "transferee" means a transferee who, in good faith and for valuable consideration, acquires an estate or interest in land less than a fee simple estate. ,

(b) in subsection (2) by striking out "purchaser is subject to a proceeding under this Part in respect of land of which the purchaser" and substituting "transferee is subject to a proceeding under this Part in respect of an estate or interest in land of which the transferee" and by striking out "purchaser's vendor or", and

(c) by repealing subsection (3).

19 Section 298 (1) is amended by striking out "caused solely" and substituting "caused, solely or partially,".

20 Section 303 (f) is amended by striking out "if the loss, damage or deprivation has been" and substituting "in respect of the proportion of the loss, damage or deprivation".

 
Legal Profession Act

21 Section 84 (1) of the Legal Profession Act, S.B.C. 1998, c. 9, is amended by striking out "The liability for professional negligence of a lawyer carrying on the practice of law" and substituting "The liability of a lawyer, carrying on the practice of law, for his or her own professional negligence".

 
Oil and Gas Commission Act

22 Section 6 of the Oil and Gas Commission Act, S.B.C. 1998, c. 39, is amended by adding the following subsection:

(3) Subsection (1) (d) does not apply to the expenditure of money by the commission from the fund created under section 6.2.

23 The following sections are added:

Reclamation of orphan sites

6.2 (1) In this section and sections 6.3 to 6.5:

"fund" means the orphan site reclamation fund established under this section;

"land owner" means

(a) a person registered in the land title office as the registered owner of the land surface or as its purchaser under an agreement for sale, and

(b) a person to whom a disposition of Crown land has been issued under the Land Act;

"marketable gas" means natural gas that is available for sale for direct consumption as a domestic, commercial or industrial fuel, or as an industrial raw material, or that is delivered to a storage facility, whether it occurs naturally or results from the processing of natural gas;

"operator" has the meaning defined in the regulations;

"orphan site" means a site designated under subsection (5) (a);

"producer" has the meaning defined in section 22 (1);

"reclaim" includes to abandon or restore under

(a) the Petroleum and Natural Gas Act, or

(b) the Pipeline Act.

(2) The commission may reclaim orphan sites.

(3) A fund, to be held by the commission and to be known as the orphan site reclamation fund, is established to provide money for the following purposes:

(a) to pay the costs of reclamation in respect of orphan sites;

(b) to pay costs incurred in pursuing reimbursement for the costs referred to in paragraph (a) from the person responsible for paying them;

(c) to pay any other costs directly related to the operations of the commission in respect of the fund;

(d) to pay compensation for the purposes of section 6.3.

(4) The following must be deposited to the credit of the fund:

(a) money paid to the commission under section 23 (2) (a.1);

(b) money borrowed to meet any deficit in the fund;

(c) money recovered or received by the commission under subsection (7) and section 6.3 (3) and (4);

(d) any interest or other income of the fund.

(5) The commission may do one or more of the following:

(a) designate as an orphan site any of the following if the operator is insolvent, if the commission has not been able to identify the operator or, subject to the regulations, for another reason considered sufficient by the commission:

(i) a well, test hole or production facility that has not been abandoned in accordance with the regulations under the Petroleum and Natural Gas Act;

(ii) a pipeline on which reclamation has not been performed;

(b) pay money from the fund for any of the purposes referred to in subsection (3) in accordance with any regulations made for the purposes of this section and sections 6.3 and 6.4;

(c) subject to the prior approval of the Lieutenant Governor in Council, borrow money to meet any deficit in the fund;

(d) from the fund, repay any money borrowed by the commission for the purposes of the fund;

(e) determine the date on which a pipeline facility site has been satisfactorily restored.

(6) For the purposes of subsection (5), an operator must be considered to be insolvent if the operator files for protection under the Companies' Creditors Arrangement Act (Canada) or is a bankrupt or an insolvent person under the Bankruptcy and Insolvency Act (Canada).

(7) If the commission reclaims or provides for the reclamation of an orphan site, the costs paid out of the fund in respect of that orphan site are a debt payable by the operator to the commission and the commission has a right of action against the operator for the recovery of that debt.

(8) For the purpose of reclaiming an orphan site, the commission has the same powers as it has under sections 104 and 106 of the Petroleum and Natural Gas Act.

Compensation for land owners respecting orphan sites

6.3 (1) On application by a land owner on whose land the commission expends money in accordance with section 6.2, if the commission is satisfied that the operator has failed to make payments due to the land owner under a surface lease, and subject to the maximums, conditions and limitations prescribed by regulation, the commission may make payments from the fund to compensate the land owner.

(2) A surface lease referred to in subsection (1) includes an order of the Mediation and Arbitration Board under Part 3 of the Petroleum and Natural Gas Act.

(3) Before it compensates a land owner under subsection (1), the commission may require as a condition of compensation that the land owner assign to the commission the land owner's rights to overdue payments under the surface lease.

(4) If the commission provides compensation to a land owner, the commission has a right of action against the operator for the recovery of the amount paid in compensation.

Orphan site reclamation fund tax

6.4 (1) Subject to a regulation made under section 6.5 (2) (d), a producer must pay to the government for the raising of revenue for the purposes of the fund a tax as determined under subsection (2).

(2) The tax under subsection (1) must be paid by a producer at the following rates:

(a) $0.03 per 1 000 cubic metres of marketable gas produced by the producer in a production month;

(b) $0.06 per cubic metre of petroleum produced by the producer in a production month.

(3) Subject to subsection (4), sections 73 (4) and 74 to 77 of the Petroleum and Natural Gas Act apply to the tax under this section as if it were a royalty under those sections of the Petroleum and Natural Gas Act.

(4) If there is a conflict between a regulation made under sections 6.2 to 6.5 of this Act and sections 73 (4) and 74 to 77 of the Petroleum and Natural Gas Act or the regulations made under those sections of that Act, the regulation made under this Act prevails.

(5) The commission must provide to a producer a notice of the tax payable by that producer under this section.

(6) A notice required under subsection (5) may be provided to a producer by including the notice in an invoice sent to the producer in respect of a levy payable under regulations made under section 22 (5) of this Act.

(7) A producer must pay the tax by the date specified under the regulations.

(8) A producer who fails to pay the tax by the date specified under the regulations must pay to the government penalties set by regulation.

Regulations for sections 6.2 to 6.4

6.5 (1) In this section, "tax" means the tax under section 6.4.

(2) The Lieutenant Governor in Council may make regulations for the purposes of sections 6.2 to 6.4 and without limitation may make regulations as follows:

(a) respecting administration of the fund;

(b) respecting the designation of orphan sites;

(c) prescribing the conditions and limitations on compensation for land owners under section 6.3;

(d) suspending the operation of the tax;

(e) respecting the assessment and reassessment of tax;

(f) respecting appeals from assessment or reassessment of tax;

(g) respecting refunds of tax;

(h) providing for exemptions from payment of tax;

(i) respecting time limits and time periods related to the tax, including returns, assessments, reassessments, appeals, refunds or exemptions and including different time limits and time periods for different classes of persons;

(j) establishing procedures for giving notice of tax payable, collection of tax, and use of the fund;

(k) setting minimum amounts to be retained in reserve in the fund;

(l) setting penalties for the purposes of section 6.4 (8).

24 Section 22 (5) is amended by adding the following paragraph:

(c.1) designating an employee of the government as the collector of the tax under section 6.4 and providing for the collection of the tax; .

25 Section 23 is amended

(a) by renumbering section 23 as section 23 (2),

(b) by adding the following subsection:

(1) In this section, "revenue" includes interest but does not include penalties. , and

(c) in subsection (2) by repealing paragraph (a) and substituting the following:

(a) the revenue derived from the levies authorized under section 22 (5),

(a.1) the revenue derived from the tax under section 6.4, and .

 
Partnership Act

26 Section 95 (2) of the Partnership Act, R.S.B.C. 1996, c. 348, is amended by striking out "12,".

27 Section 117 is amended by striking out "101 and 102" and substituting "101, 102 and 111".

 
Private Career Training Institutions Act

28 The definition of "institution" in section 1 of the Private Career Training Institutions Act, S.B.C. 2003, c. 79, is repealed and the following substituted:

"institution" means a person who provides or intends to provide training or instruction, and includes, for the purposes of section 16 (1), a person who provided training or instruction in the past; .

 
Protected Areas of British Columbia Act

29 Schedule A of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by adding the following description:

SAN JUAN RIVER ESTUARY ECOLOGICAL RESERVE

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Renfrew District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1950.

The whole ecological reserve containing approximately 191 hectares.

30 Schedule B is amended by striking out "San Juan River Estuary Ecological Reserve, established by Order in Council 592/96".

31 Schedule C is amended

(a) in the description of Broughton Archipelago Park by striking out "; except (1) that part of the bed of Farewell Harbour outlined in red on Plan 42266; (2) that part of District Lot 840, outlined in red on Plan 1476R, except the part in Plan 30661; and (3) Lot 1, District Lot 840, Plan 30661",

(b) by repealing the description of Charlie Lake Park and substituting the following:

CHARLIE LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1953; except the Crown land that is the subject of the right of way of the Alaska Highway as shown on Plan A1027 and Plan RS 3845.

The whole park containing approximately 176 hectares (167 hectares of upland and 9 hectares of foreshore). ,

(c) by repealing the description of Coldwater River Park and substituting the following:

COLDWATER RIVER PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Yale Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1958.

The whole park containing approximately 69 hectares. ,

(d) in the description of Dune Za Keyih Park [a.k.a. Frog-Gataga Park] by striking out "(1) Mineral Claim "Braid 5" 223937; (2) Mineral Claim "Braid 6" 223938; (3) Mineral Claim "Braid 7" 223939; (4) Mineral Claim "Braid 12" 329182; (5) Mineral Claim "Braid 21" 329185; (6) Mineral Claim "Braid 22" 329186; (7) Mineral Claim "S1" 221913; (8) Mineral Claim "Chodi 1" 384009; and (9) Mineral Claim "Chodi 3" 384011" and substituting "(1) Mineral Claim "Chodi 1" 384009; and (2) Mineral Claim "Chodi 3" 384011",

(e) in the description of E. C. Manning Park by striking out "C1776 and C3914." and substituting "C1776 and C3914, and Highway Exchange Plan as shown on Plan 13 Tube 1944.",

(f) in the description of Lava Forks Park by striking out "The whole park containing approximately 1 903 hectares." and substituting "The whole park containing approximately 7 463 hectares.",

(g) by repealing the description of Octopus Islands Marine Park and substituting the following:

OCTOPUS ISLANDS MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Sayward District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1953; except District Lots 1072 and 1076.

The whole park containing approximately 761 hectares (320 hectares of upland and 441 hectares of foreshore). ,

(h) in the description of Okanagan Lake Park by striking out "as shown on Drawing No. R2-514-OKPark-RW, File L2-97-138, filed at Highway Engineering, Ministry of Transportation, Kamloops." and substituting "as shown on Kamloops Land Title Office Plans H578, KAP36630 and KAP77074.",

(i) in the description of Omineca Park by striking out "and (5)" and substituting "(5) Placer Claim "Bill 10" 268587; and (6)", and

(j) in the description of Shuswap Lake Marine Park by repealing the description of Shuswap Lake East Site and by striking out "The whole park containing approximately 896.23 hectares (601.35 hectares of upland and 294.88 hectares of foreshore)." and substituting "The whole park containing approximately 895.13 hectares (600.85 hectares of upland and 294.28 hectares of foreshore)."

32 Schedule C is amended by repealing the descriptions of Sunnybrae Park and Taylor Landing Park.

33 Schedule D is amended

(a) in the description of Big Creek Park by striking out "; except Mineral Claim "Tante 5" 330305; (2) Mineral Claim "Tante 6" 330306; and (3) Mineral Claim "Tante 7" 330307", and

(b) in the description of Edge Hills Park by striking out "Placer Lease 266375; (3) Mineral Claim "Stag 2" 208889; and (4)", and substituting "Mineral Claim "Stag 2" 208889; and (3)".

 
Public Service Act

34 Section 1 of the Public Service Act, R.S.B.C. 1996, c. 385, is amended by repealing the definition of "merit commissioner" and substituting the following:

"merit commissioner" means the merit commissioner appointed under section 5.01.

35 The heading to Part 2 is repealed and the following substituted:

Part 2 -- Agency Head and Merit Commissioner .

36 Section 5 (2) to (2.5) is repealed and the following substituted:

(2) The Lieutenant Governor in Council must appoint, under section 12, an individual to be the agency head.

37 The following section is added:

Appointment of merit commissioner

5.01 (1) The Lieutenant Governor in Council, on the recommendation of the Legislative Assembly, must appoint an individual to hold office as the merit commissioner under this Act.

(2) The merit commissioner is an officer of the Legislature and must

(a) faithfully, honestly and impartially exercise the powers and perform the duties of the office, and

(b) not divulge any information received under this Act, except if permitted by this Act.

(3) The Legislative Assembly must not recommend an individual to be appointed under subsection (1) unless a special committee of the Legislative Assembly has unanimously recommended to the Legislative Assembly that the individual be appointed.

(4) The merit commissioner is to be appointed for a term of 3 years and may be reappointed in the manner provided in this section for further 3 year terms.

(5) The merit commissioner is entitled

(a) to be paid, out of the consolidated revenue fund, compensation as may be fixed by the Lieutenant Governor in Council, and

(b) to be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

(6) The Lieutenant Governor in Council may appoint an acting commissioner if

(a) the office of commissioner is or becomes vacant when the Legislative Assembly is not sitting,

(b) the commissioner is suspended when the Legislative Assembly is not sitting,

(c) the commissioner is removed or suspended or the office becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) before the end of the session, or

(d) the commissioner is temporarily absent because of illness or for another reason.

(7) An acting commissioner holds office until

(a) a person is appointed under subsection (1),

(b) the suspension of the commissioner ends,

(c) the Legislative Assembly has sat for 30 days after the date of the acting commissioner's appointment, or

(d) the commissioner returns to office after a temporary absence,

whichever is the case and whichever occurs first.

38 Section 5.1 is amended by repealing subsection (3).

39 The following section is added:

Expenses of merit commissioner

5.3 The merit commissioner may make a special report to the Legislative Assembly if the merit commissioner believes that the amounts and establishment provided for the office of merit commissioner in the estimates are inadequate for fulfilling the duties of the office.

40 Section 6 (b) is amended by striking out ", other than as the merit commissioner,".

41 Section 7 is amended by striking out "his or her duties as agency head and merit commissioner, the agency head is" and substituting "their duties under this Act, the agency head and merit commissioner are".

Retroactive effect

42 (1) Section 28 is deemed to have come into force on November 22, 2004.

(2) No measure taken on or after November 22, 2004 under the Private Career Training Institutions Act may be held to be invalid or to be improperly taken by reason only that subsection (1) was not in force.

Commencement

43 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: