The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
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  This Act is repealed.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.

18 comments
0
FacebookTwitterLinkedinEmail
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.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Can Canadian Labour Law Fuddle Up NHL’s Lockout Plan?
next post
New Work Life Comic: Dismissal Without a Cause

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Join 335 other subscribers

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦Follow

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

David J. Doorey🇨🇦
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
60m

My new @DalhousieLJ article is ready to go, examining how 4 Canadian provinces (Ontario, Alberta, NS, PEI) have persisted with a 1940s era law excluding lawyers & other professionals from #CollectiveBargaining legislation.

Clear #Charter violation. Yet the exclusions persist.

Reply on Twitter 1540350048122425345Retweet on Twitter 1540350048122425345Like on Twitter 15403500481224253451Twitter 1540350048122425345
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
2h

It’s Engineering, continuing business education, and the place to house layers of administrators at @yorkuniversity.

Ugly social science building, Circa 1960s.

Elizabeth B-Z🖕🏻💄@hellahydrangea

every campus has one (1) brand new science building that’s nicer than a hotel and one (1) arts/humanities building that hasn’t been updated since the 80s or earlier

Reply on Twitter 1540341563359895552Retweet on Twitter 15403415633598955521Like on Twitter 1540341563359895552Twitter 1540341563359895552
Retweet on TwitterDavid J. Doorey🇨🇦 Retweeted
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
20 Jun

There’s not a single workplace in Canada where free speech is better protected than at universities.

This is more stupid shit for dumb people in the far right camp.

Now, if we really want to think about protecting speech how about a law protecting workers’ collective voice!

Reply on Twitter 1538927748558868481Retweet on Twitter 153892774855886848123Like on Twitter 153892774855886848160Twitter 1538927748558868481
Load More...

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.