Q56. What is repeal? Can Bill 75 be repealed?

To repeal a law means to rescind it; any law can be rescinded

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A56. “Repeal” is the legal word for rescinding a law.

This question comes up a lot with respect to Bill 75, the controversial law enacted in February 2017 to impose a contract on teachers.

The short answer is that any law made by the House of Assembly can be unmade by the House of Assembly. To repeal a law requires a bill, and that bill must go through all five stages of the law-making process.

That’s the short answer; of course there’s a longer, more complicated answer. The legal effect of repeal can be a remarkably convoluted legal issue, especially in criminal law.

When a law is repealed, that means it is not the law from the moment the repeal comes into force, either through proclamation or Royal Assent. The repeal can even be worded so that the repealed law is deemed never to have been the law.

Repealing a law will leave a legal void. Sometimes that’s okay. Most times, another law will have to be passed to fill the void. In fact, it’s quite common to pass a new law, and the new law states at the end that such-and-such a law is repealed. The new law has replaced the old law.

If Bill 75 is repealed without something to replace it, that means we would go back to the way things were before it was enacted, i.e. we would go back to having a teachers’ professional agreement that expired on July 31, 2015. A new contract would have to be negotiated covering the period from July 3, 2015, forward.

What most complicates the question of repeal is that a number of things will start happening immediately under Bill 75. Repeal of Bill 75 can change the law, but it can’t change the facts on the ground.

The best example of “facts on the ground” is the Commission on Inclusive Education. According to Bill 75, the Commission must be appointed by no later than March 23, 2017, must issue an interim report by June 30th, and must issue a final report by March 23, 2018. If Bill 75 is repealed, any work done by the Commission before the date of repeal can’t be undone. It’s just a fact.

The teachers’ contract imposed by Bill 75 expires July 31, 2019. If there is a change of government after the next provincial election, the new government might devote its energy to negotiating the next NSTU contract, rather than repealing Bill 75. If Bill 75 is repealed, it might have more symbolic than practical value, depending how much time has elapsed.

Author: Graham Steele

A former MLA in Nova Scotia, currently Professor of Business Law in the Rowe School of Business at Dalhousie University

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