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The Law of Work
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Does Bill 115 Void Itself?

by David Doorey September 11, 2012
written by David Doorey September 11, 2012

Have you read Bill 115, the controveersial law passed in Ontario that terminates collective bargaining, imposes contract terms, and prohibits teacher strikes?  That law will be challenged as a breach of Section 2(d) of the Charter, which guarantees Canadians ‘freedom of association’.   I’ll update that case as there are developments.
There’s an interesting lesson on statutory drafting in the Bill.

I'm Confused


Section 20 of the Bill, which comes after all the details of the Act, says this:

20.  This Act is repealed.

Then Section 22 says that the Act, “comes into force on a day to be named by proclamation of the Lieutenant Governor.”

The question is:  Does Section 20 repeal the Act the moment it comes into force?

Correct answers will be awarded a free copy of my next Workplace law comic staring the abusive, evil virtual Me!!!
Update:
Thanks to commenter Tierney, who answered the question as  follows:

No, the Act will not automatically repeal.
The Lieutenant Governor will proclaim sections of the Act in force (e.g. 1-19) on a certain date. However, section 20 will be proclaimed in force on a future date (i.e. 2 years after that first date, for example). They are building a housekeeping provision into the Act so that it clears itself off the books after the 2-year period ends.

Mystery solved?  Everyone satisfied with that answer?  By proclaiming the Act in parts, leaving the Kill Section (s. 20) unproclaimed, the government leaves itself flexibility to easily and quickly repeal or extend the legislation as long as it likes. Tierney will receive an autographed comic later.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
3h

My fingers are just too big to play an A chord on the #guitar.

Otherwise I would be a rock star. This is the only thing holding me back.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
4h

Not seen comparable stats for Canada.There are terminations, but also better laws in most Canadian jurisdictions, including

- remedial certification
- interim reinstatement
- card-check/quick votes

“1 in 5 workers in US is fired for organizing a union” https://onlabor.org/labor-law-reform-is-needed-for-unions-to-succeed/

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
4h

This is Canada's federal Minister of Labour.

Bill 377 was a labor bill disguised as a tax law (so Cons could pretend it was federal jurisdiction) that buried unions in red tape & reporting requirements not applicable to any other orgs.

https://www.parl.ca/Content/Bills/411/Private/C-377/C-377_3/C-377_3.PDF

Bill 525 ...

1/2

Seamus O'Regan Jr @SeamusORegan

Bills 377 and 525 were two of the most anti-worker, union-bashing bills this country has ever seen - put forward by the Harper Conservatives.

We scrapped them. We believe in unions. We believe in workers.

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