My understanding is that the Commissioner would be unable to act because the term of their appointment would have expired, so the deputy Commissioner's term of appointment, which has not expired, would then kick in, as it were. And she would have all the powers and authority of the full Commissioner.
Ms. Macpherson on Bill 12: An Act To Amend The Commissioner's Land Act
In the Legislative Assembly on October 6th, 1994. See this statement in context.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
October 6th, 1994
Page 141
Macpherson
See context to find out what was said next.