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Canadian Law of Work Forum (CLWF)
Law of Work Archive

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  This Act is repealed.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 the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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RSandillRicha Sandill@RSandill·
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@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

CLWF@CanLawWorkForum

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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TheLawofWorkDavid J. Doorey@TheLawofWork·
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Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

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CanLawWorkForumCLWF@CanLawWorkForum·
20h

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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