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.
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 This Act is repealed.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!!!
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.