Ontario Superior Court of Justice Declares Bill 124 Unconstitutional
December 2, 2022
On November 8, 2019, Ontario’s Bill 124 - the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (“Bill 124”) – was proclaimed in force. The stated intent of Bill 124 was to ensure public sector compensation increases were consistent with the principles of responsible fiscal management and sustainability of the public service. Within hours of receiving Royal Assent, Bill 124 received criticism from a variety of public sector unions, many of which stated an intention to challenge Bill 124’s constitutionality before the courts. That challenge went before the Ontario Superior Court of Justice in September of 2022 and, on November 28, 2022, the court released its decision, holding the bill unconstitutional and of no force and effect. On request of the parties, the issue of remedy was deferred to a later hearing.
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