BILL 69 -- 2002: OPEN LEARNING AGENCY REPEAL ACT

2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE SHIRLEY BOND
MINISTER OF ADVANCED EDUCATION

BILL 69 -- 2002

OPEN LEARNING AGENCY REPEAL ACT

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

1 Section 5 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended by striking out "a board consisting of 11 members" and substituting "a board consisting of at least one and not more than 11 members".

2 The following sections are added:

Winding up of agency

19 The minister may decide that the affairs of the agency are to be wound up in accordance with either section 20 or 21.

Winding up by board

20 (1) If the minister decides that the affairs of the agency are to be wound up in accordance with this section, the minister may request that the board prepare and submit to the minister for approval a plan for winding up the affairs of the agency and the board must comply within 6 months of the request.

(2) The minister may approve, approve with modifications the minister considers necessary or advisable or reject a plan submitted under subsection (1) and if the minister rejects the plan, the board must prepare, in accordance with the minister's directions, a new plan for approval under this subsection.

(3) The board must wind up the agency in accordance with the plan approved under subsection (2).

(4) Despite any provision of this Act, on and after the date the minister approves a plan under subsection (2), the powers, duties and functions of the board under this Act must be exercised or performed in a manner consistent with the powers, duties and functions of the board under the plan approved under subsection (2).

(5) During the winding up period approved under subsection (2), the board must provide the minister with information and reports within the time and in the manner specified by the minister.

Winding up by transition administrator

21 (1) If the minister decides that the affairs of the agency are to be wound up in accordance with this section, despite any provision of this Act, the minister may appoint a transition administrator for the purpose of winding up the affairs of the agency.

(2) On the appointment of a transition administrator under subsection (1),

(a) the appointment of each member of the board is rescinded,

(b) the transition administrator is deemed to be the board, and

(c) the transition administrator must transfer the rights, property, assets, obligations and liabilities of the agency as directed by the minister.

Repeal of Act

22 This Act is repealed by regulation of the Lieutenant Governor in Council.

Transitional

3 (1) On the repeal of sections 2 and 5 of the Open Learning Agency Act,

(a) the Open Learning Agency is dissolved,

(b) unless a transition administrator has been appointed, the appointment of each member of the board of the agency is rescinded,

(c) if a transition administrator has been appointed under section 21 of the Open Learning Agency Act, the appointment of the transition administrator is rescinded,

(d) any remaining rights, property and assets of the agency are transferred to and vested in the government, and

(e) the government assumes any remaining obligations and liabilities of the agency.

(2) On and after the date on which sections 2 and 5 of the Open Learning Agency Act are repealed, a reference to the Open Learning Agency in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Explanatory Notes

SECTION 1: [Open Learning Agency Act, amends section 5] changes the composition of the board from 11 members appointed by the Lieutenant Governor in Council to one to 11 members appointed by the Lieutenant Governor in Council.

SECTION 2: [Open Learning Agency Act, enacts sections 19 to 22]

provides the minister with the options of having the agency wound up in accordance with a plan of the board approved by the minister or by appointing a transition administrator to wind up the agency as directed by the minister;
provides for the repeal of the Open Learning Agency Act by regulation of the Lieutenant Governor in Council.

SECTION 3: [Transitional -- Open Learning Agency Act] provides for the government to assume responsibility for the assets and liabilities of the Open Learning Agency on the repeal of sections 2 and 5 of the Open Learning Agency Act.

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