In one of its last acts as a Ministry, the McGuinty Government has promulgated section 20 of the Putting Students First Act and thus secured its repeal — all while the provincial parliament is prorogued and in an intersession.
I still maintain that the Putting Students First Act is unconstitutional, both in principle, and in terms of the poor legislative drafting of sections 20 and 22 which caused the Government to exceed the authority that the Act had delegated to it. The Act may even be unconstitutional for a third reason because it derogates from collective agreements in particular and collective bargaining in general. The Government’s own press releases suggest that certain collective agreements flowed from the Act; if so, logically, the repeal of the Act would also affect, or perhaps nullify, any such collective agreements. I don’t possess any expertise in labour law, so I shall leave this argument to those who know more on the subject.
You can read my full argument in my earlier post, hyperlinked below, on how the Cabinet can now repeal a law while Parliament is prorogued.