Acts and Regulations

2017, c.63 - An Act Respecting Government Reorganization

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2017, c.63
An Act Respecting
Government Reorganization
Assented to December 20, 2017
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
AMENDMENTS TO
THE EXECUTIVE COUNCIL ACT
Executive Council Act
1Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011, is repealed and the following is substituted:
2Under the Great Seal of the Province, the Lieutenant-Governor in Council may appoint from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, a Minister of Agriculture, Mines and Rural Affairs, an Attorney General, a Minister of Aquaculture and Fisheries, a Minister of Economic Development, a Minister of Education and Early Childhood Development, a Minister of Energy and Resource Development, a Minister of Environment and Local Government, a Minister of Families and Children, a Minister of Finance, a Minister of Health, a Minister of Justice and Public Safety who shall also be Solicitor General, a Minister of Labour, Employment and Population Growth, a Minister of Post-Secondary Education, a Minister of Seniors and Long-Term Care, a Minister of Service New Brunswick, a Minister of Tourism, Heritage and Culture, a Minister of Transportation and Infrastructure and a President of Treasury Board.
TRANSITIONAL PROVISIONS
References to Ministers
2(1)When, in an Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Minister of Agriculture, Aquaculture and Fisheries, it shall be read, unless the context otherwise requires, as a reference to the Minister of Aquaculture and Fisheries.
2(2)When, in an Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Minister of Post-Secondary Education, Training and Labour it shall be read, unless the context otherwise requires, as a reference to the Minister of Post-Secondary Education.
Confirmation and ratification
3(1)Any act or thing done from September 5, 2017, to the date of the enactment of this section, both dates inclusive, by the Minister of Aquaculture and Fisheries or the Minister of Post-Secondary Education, in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act, or any particular matter or thing under the administration, supervision or control of those Ministers
(a) shall be deemed to have been done by persons validly appointed to exercise or perform the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers,
(b) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers, and
(c) is confirmed and ratified.
3(2)Nothing in paragraphs (1)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on the Ministers referred to in subsection (1) was not validly exercised or performed.
Immunity
4No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Ministers referred to in subsection 3(1) or the authority of those Ministers to act in that capacity, lies or shall be instituted against
(a) the Crown in right of the Province,
(b) the Ministers referred to in subsection 3(1), with respect to any act or thing done from September 5, 2017, to the date of the enactment of this section, both dates inclusive, by those Ministers in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act, or any particular matter or thing under the administration, supervision or control of those Ministers,
(c) any other person appointed, assigned, designated or requested to assist the Ministers referred to in subsection 3(1) regarding the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority is transferred to, vested in or imposed on those Ministers, regarding a particular matter or thing under the administration, supervision or control of those Ministers, with respect to any act or thing done, within the meaning of this paragraph, by the other person,
if those Ministers or other persons acted in good faith in doing the act or thing.
CONSEQUENTIAL AMENDMENTS
Adult Education and Training Act
5Section 1 of the Adult Education and Training Act, chapter 101 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Agricultural Associations Act
6Section 1 of the Agricultural Associations Act, chapter 104 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Commodity Price Stabilization Act
7Section 1 of the Agricultural Commodity Price Stabilization Act, chapter 105 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Development Act
8Section 1 of the Agricultural Development Act, chapter 106 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Insurance Act
9Section 2 of the Agricultural Insurance Act, chapter 100 of the Revised Statutes, 2012, is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Regulation under the Agricultural Insurance Act
10Subsection 2(1) of New Brunswick Regulation 95-122 under the Agricultural Insurance Act is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Land Protection and Development Act
11Section 1 of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Operation Practices Act
12Section 1 of the Agricultural Operation Practices Act, chapter 107 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Agricultural Producers Registration and Farm Organizations Funding Act
13Section 1 of the Agricultural Producers Registration and Farm Organizations Funding Act, chapter 108 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Apiary Inspection Act
14Section 1 of the Apiary Inspection Act, chapter 111 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Apprenticeship and Occupational Certification Act
15Subsection 1(1) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Aquaculture Act
16Section 1 of the Aquaculture Act, chapter 112 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Regulation under the Clean Water Act
17Paragraph 3(3)(b.2) of New Brunswick Regulation 90-80 under the Clean Water Act is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Degree Granting Act
18Section 1 of the Degree Granting Act, chapter 140 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Diseases of Animals Act
19Section 1 of the Diseases of Animals Act, chapter 142 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Employment Development Act
20Section 1 of the Employment Development Act, chapter 148 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Employment Standards Act
21Section 1 of Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Regulation under the Family Income Security Act
22Subsection 8(2) of New Brunswick Regulation 95-61 under the Family Income Security Act is amended
(a) in paragraph (e.2) by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”;
(b) in paragraph (e.3) by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”.
Farm Income Assurance Act
23Section 1 of the Farm Income Assurance Act, chapter 156 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Fish and Wildlife Act
24Paragraph 57(1)(j) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of the New Brunswick, 1980, is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Fisheries and Aquaculture Development Act
25Section 1 of the Fisheries and Aquaculture Development Act, chapter F-15.001 of the Acts of New Brunswick, 1977, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Fisheries Bargaining Act
26(1)Section 1 of the Fisheries Bargaining Act, chapter F-15.01 of the Acts of New Brunswick, 1982, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
26(2)Subsection 44(2) of the Act is amended by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”.
Regulation under the Gasoline and Motive Fuel Tax Act
27Paragraph 18.3(1)(c) of New Brunswick Regulation 82-81 under the Gasoline and Motive Fuel Tax Act is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Human Rights Act
28Section 2 of the Human Rights Act, chapter 171 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Industrial Relations Act
29(1)Subsection 1(1) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
29(2)Subsection 55(2) of the Act is amended by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”.
29(3)Subsection 55.1(2) of the Act is amended by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”.
Inshore Fisheries Representation Act
30Section 1 of the Inshore Fisheries Representation Act, chapter 174 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Labour and Employment Board Act
31Section 1 of the Labour and Employment Board Act, chapter 182 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Labour Market Research Act
32Section 1 of the Labour Market Research Act, chapter 183 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Livestock Incentives Act
33Section 1 of the Livestock Incentives Act, chapter 186 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Livestock Operations Act
34Section 1 of the Livestock Operations Act, chapter L-11.01 of the Acts of New Brunswick, 1998, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Regulation under the Medical Services Payment Act
35Section 2 of New Brunswick Regulation 84-20 under the Medical Services Payment Act is amended in the definition “designated learning institution” by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister of Post-Secondary Education”.
Mining Act
36Subsection 68(2) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Natural Products Act
37Section 1 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended in paragraph (a) of the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
New Brunswick Community Colleges Act
38Section 1 of the New Brunswick Community Colleges Act, chapter N-4.05 of the Acts of New Brunswick, 2010, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
New Brunswick Grain Act
39Section 1 of the New Brunswick Grain Act, chapter 122 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
New Brunswick Public Libraries Act
40Section 1 of the New Brunswick Public Libraries Act, chapter 194 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
New Brunswick Public Libraries Foundation Act
41Section 1 of the New Brunswick Public Libraries Foundation Act, chapter 195 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
New Brunswick Research and Innovation Council Act
42Paragraph 3(1)(c) of the New Brunswick Research and Innovation Council Act, chapter 5 of the Acts of New Brunswick, 2013, is amended by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Occupational Health and Safety Act
43Section 1 of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Pipeline Act, 2005
44Subsection 6(1) of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Plant Health Act
45Section 1 of the Plant Health Act, chapter 204 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Post-Secondary Student Financial Assistance Act
46Section 1 of the Post-Secondary Student Financial Assistance Act, chapter P-9.315 of the Acts of New Brunswick, 2007, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Potato Disease Eradication Act
47Section 1 of the Potato Disease Eradication Act, chapter 206 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Poultry Health Protection Act
48Section 1 of the Poultry Health Protection Act, chapter 207 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Private Occupational Training Act
49Section 1 of the Private Occupational Training Act, chapter P-16.1 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Public Service Labour Relations Act
50Section 1 of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in the definition “person employed in a managerial or confidential capacity”
(a) in paragraph (c) by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”;
(b) in paragraph (d)
(i) in the portion preceding subparagraph (i) by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”,
(ii) in subparagraph (ii) by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Real Property Tax Act
51(1)Section 5 of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended
(a) in subsection (13)
(i) in paragraph (a) by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”,
(ii) in paragraph (b) by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”;
(b) in subsection (16) by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”;
(c) in subsection (17) by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
51(2)Subsection 12(1.1) of the Act is amended by striking out “Minister of Agriculture, Aquaculture and Fisheries” and substituting “Minister of Aquaculture and Fisheries”.
Regulation under the Real Property Tax Act
52Section 2 of New Brunswick Regulation 84-75 under the Real Property Tax Act is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Right to Information and Protection of Privacy Act
53Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in paragraph (g) of the definition “head” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
Seafood Industry Improvement Fund Act
54Section 1 of the Seafood Industry Improvement Fund Act, chapter 15 of the Acts of New Brunswick, 2016, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Seafood Processing Act
55Section 1 of the Seafood Processing Act, chapter S-5.3 of the Acts of New Brunswick, 2006, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Sheep Protection Act
56Section 1 of the Sheep Protection Act, chapter 130 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Women’s Institute and Institut féminin Act
57Section 1 of the Women’s Institute and Institut féminin Act, chapter 136 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Agriculture, Aquaculture and Fisheries” and substituting “Aquaculture and Fisheries”.
Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act
58Section 1 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended in the definition “Minister” by striking out “Post-Secondary Education, Training and Labour” and substituting “Post-Secondary Education”.
2
AMENDMENTS TO
THE CIVIL SERVICE ACT
Civil Service Act
59The Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is amended by adding after section 3.1 the following:
SERVICE NEW BRUNSWICK
Powers and duties of Service New Brunswick
3.2(1)Service New Brunswick may, in the manner and subject to the terms and conditions as Service New Brunswick directs, delegate in writing to its Chief Executive Officer any of Service New Brunswick’s powers and duties provided for in this Act or the regulations, including any powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board under paragraph 4(d.1).
3.2(2)Service New Brunswick may, in the manner and subject to the terms and conditions as Service New Brunswick directs, delegate in writing to an employee of Service New Brunswick any of Service New Brunswick’s powers and duties provided for in this Act or the regulations, including any powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board under paragraph 4(d.1), except the power of delegation.
3.2(3)The Chief Executive Officer of Service New Brunswick may, in the manner and subject to the terms and conditions as the Chief Executive Officer directs, delegate in writing to any employee of Service New Brunswick any of the powers and duties delegated to the Chief Executive Officer under subsection (1), except the power of delegation.
3.2(4)Service New Brunswick may revise or rescind and reinstate any delegation made under subsection (1) or (2).
3.2(5)The Chief Executive Officer of Service New Brunswick may revise or rescind and reinstate any delegation made under subsection (3).
Agreements or arrangements to provide services
3.3(1)In carrying out the powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board, Service New Brunswick may enter into an agreement or arrangement with a deputy head under section 6 of the Service New Brunswick Act respecting the manner of carrying out the powers and duties delegated by the Secretary to Treasury Board.
3.3(2)In carrying out the powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board, Service New Brunswick may enter into an agreement or arrangement with a third party under section 8 of the Service New Brunswick Act to engage the third party to provide, on behalf of Service New Brunswick, a service that it provides to the Secretary to Treasury Board, whether or not an agreement or arrangement is entered into under subsection (1) with respect to a portion of the Civil Service.
3.3(3)If a conflict exists between a written delegation referred to in paragraph 4(d.1) and an agreement or arrangement referred to in subsections (1) and (2), the written delegation prevails.
60Section 4 of the Act is amended
(a) by adding after paragraph (d) the following:
(d.1) may, in the manner and subject to the terms and conditions as the Secretary to Treasury Board directs, delegate in writing to Service New Brunswick any of the powers and duties of the Secretary to Treasury Board under this Act or the regulations;
(b) by repealing paragraph (e) and substituting the following:
(e) may revise or rescind and reinstate any delegation made under paragraph (c), (d) or (d.1); and
61Section 4.1 of the Act is repealed and the following is substituted:
Oversight of delegated powers
4.1(1)If the Secretary to Treasury Board has delegated any of his or her powers or duties under this Act to Service New Brunswick or a deputy head, the Secretary to Treasury Board shall ensure that Service New Brunswick or the deputy head, and any delegate or agent of Service New Brunswick or of the deputy head, is exercising those powers and duties in the manner required and in accordance with the terms and conditions of the delegation and the requirements of this Act.
4.1(2)In acting under subsection (1), the Secretary to Treasury Board may conduct audits of the staffing practices in that portion of the Civil Service for which a deputy head referred to in subsection (1) is responsible.
62Section 34 of the Act is repealed and the following is substituted:
Access by and assistance and information to the Ombud
34Deputy heads, employees and Service New Brunswick shall give the Ombud access to their respective offices and facilities and provide assistance and information as the Ombud may require for the performance of the Ombud’s duties under this Act.
CONSEQUENTIAL AMENDMENT
Service New Brunswick Act
63Section 35 of the Service New Brunswick Act, chapter 44 of the Acts of New Brunswick, 2015, is amended by adding after subsection (2) the following:
35(2.1)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, when the Secretary to Treasury Board delegates to Service New Brunswick any of its powers or functions under the Civil Service Act, the Secretary to Treasury Board shall disclose to Service New Brunswick any information, including personal information, that the Treasury Board has collected that relates directly to and is necessary for the purposes of the delegation.
3
COMMENCEMENT
Commencement
64(1)Part 1 of this Act shall be deemed to have come into force on September 5, 2017.
64(2)Part 2 of this Act shall be deemed to have come into force on October 1, 2016.