Saskatchewan Property Management Corporation Repeal Act — Bill 78 (2005) [First Reading Bills]
Bill 78 (Bill78-2004)
Saskatchewan — Bills
2004 1 1 SASKATCHEWAN PROPERTY MANAGEMENT CORPORATION REPEAL BILL No. 78 of 2004
An Act to repeal The Saskatchewan Property Management Corporation Act and respecting certain matters associated with that repeal (Assented to , 2004) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:
Short title 1 This Act may be cited as The Saskatchewan Property Management Corporation Repeal Act.
Interpretation 2 In this Act, “corporation” means the Saskatchewan Property Management Corporation continued pursuant to subsection 3(1) of The Saskatchewan Property Management Corporation Act as that corporation existed on the day before the coming into force of this Act. Transfer of property and liabilities 3(1) On the coming into force of this Act, all property of the corporation, both real and personal, all assets of the corporation and all interests or rights of the corporation in or to any property are transferred and assigned to and vested in the Government of Saskatchewan.
(2) This Act is a legal and valid transfer and assignment to the Government of Saskatchewan of all lands or interests in land, all mortgages, charges, encumbrances or other documents and all other property of every description standing in the name of or vested in the corporation.
(3) Notwithstanding any other Act: (
a) it is not necessary to register or file this Act or register, file or issue any further or other instrument, document or certificate to give effect to the transfer or assignment of title of the property mentioned in subsections (1) and (2) from the corporation to the Government of Saskatchewan; (
b) in any instrument or document in which the Government of Saskatchewan deals with any of the property mentioned in subsection (1) or (2), it is sufficient to cite this Act as effecting the transfer or assignment of title from the corporation and the vesting of title in the Government of Saskatchewan; (
c) any fees or other amounts to be paid in connection with any transfer or assignment effected by this Act shall be as determined by the Lieutenant Governor in Council. 2004 SASKATCHEWAN PROPERTY MANAGEMENT CORPORATION REPEAL 2 2
(4) On the coming into force of this Act, all liabilities, contracts, obligations, debts, causes of action, actions, appeals, applications or other proceedings of the corporation or in the name of the corporation are transferred to and assumed by the Government of Saskatchewan.
(5) Except as otherwise provided in this Act, nothing in this Act affects the rights of any creditor of the corporation or any person with a claim against the corporation and all those rights may be asserted against the Government of Saskatchewan. Employees 4(1) On the coming into force of this Act, all employees of the corporation are transferred to and become employees of the Government of Saskatchewan.
(2) Notwithstanding any Act, law or provision of a contract, a transfer pursuant to subsection (1): (
a) does not constitute the abolition or termination of any position or job; (
b) does not require any advance notice, including any notice that may be required pursuant to The Trade Union Act or The Labour Standards Act; and (
c) does not constitute constructive dismissal of any person or a breach of contract. Audit and annual report 5(1) The Provincial Auditor or any other auditor or firm of auditors that the Lieutenant Governor in Council may appoint shall audit the records, accounts and financial statements of the corporation for the period: (
a) commencing on April 1, 2004; and (
b) ending on the day that this Act comes into force.
(2) The minister responsible for The Public Works and Services Act shall, in accordance with The Tabling of Documents Act, 1991 , prepare and lay before the Legislative Assembly: (
a) a report of the corporation on its business for the period mentioned in subsection (1); and (
b) a financial statement showing the business of the corporation for the period mentioned in subsection (1) in any form that may be required by Treasury Board. 2004 3 3 SASKATCHEWAN PROPERTY MANAGEMENT CORPORATION REPEAL Limitation of actions 6 No action or proceeding lies or shall be commenced against the Government of Saskatchewan, any member of the Executive Council or any officer or employee of the Government of Saskatchewan because of the repeal of The Saskatchewan Property Management Corporation Act. Act prevails 7(1) If there is a conflict between this Act and any other Act or regulations, this Act prevails.
(2) No prohibition of any transfer or assignment, or absence of any consent or approval required for any transfer or assignment, voids or affects the validity of a transfer or assignment pursuant to this Act.
(3) Any transfer or assignment pursuant to this Act is deemed not to be a breach or default under any lease, contract or instrument. Corporation dissolved 8 On the coming into force of this Act, the corporation is wound up and dissolved. S.S. 1986-87-88, c.S-32.3 repealed 9 The Saskatchewan Property Management Corporation Act is repealed. Coming into force 10 This Act comes into force on proclamation. 2004 SASKATCHEWAN PROPERTY MANAGEMENT CORPORATION REPEAL 4 4 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2004