Thank you, Mr. Chair. I have a motion. I move that Bill 41 be amended by deleting proposed subsection 106.1(1) in Clause 33 and substituting the following:
106.1(1) Subject to this section, a decision by the registrar under this act is final.
Thank you, Ms. Bisaro. We’re just going to circulate this motion. One second.
Committee, the motion is on the floor and the motion is in order. To the motion. Ms. Bisaro.
Thank you, Mr. Chair. As Mr. Moses mentioned in his opening comments, we did have a discussion at committee on this particular clause. The original wording in Clause 33 on Section 106.1(1) stated that a decision by the registrar under this act is final. Then further on under the same section it talks about that a decision by the registrar could be reviewed. It seemed to me at the time when we were discussing it that the one section was contradicting the other. We discussed it at committee, and as was stated, committee went away and thought that things were done, but in their wisdom the Department of Justice looked at this and determined that for better clarification there’s a few words added to subsection 106.1(1) and it simply says, “subject to this section.” So a decision by the registrar is final, but it then allows for a review of the decision by the court through a judicial review.
That’s why this motion is coming forward. I just want to say thank you to the Department of Justice for reconsidering and for making this clarification. I think it makes the act a little bit better. Thank you.
Thank you, Ms. Bisaro. To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Clause 33 as amended.
---Clause 33 as amended approved
Clause 34.
---Clauses 34 to 40 inclusive approved
Bill as a whole?
Agreed.
Does committee agree that Bill 41 is ready for third reading as amended?
Agreed.
Bill 41 is now ready for third reading as amended. Thank you, committee. I’d like to thank Minister Abernethy, Mr. Rennie and Mr. MacDougall. Thank you for joining us today. Sergeant-at-Arms, please escort the witnesses out of the Chamber.
What is the wish of committee? Mr. Hawkins.
Thank you, Mr. Chairman. I move that we report progress.
---Carried
I will now rise and report progress. Thank you.
