Doug Ford says Bill 124 'doesn’t exist' as his government appeals court decision striking it down

Ontario Premier Doug Ford spent a significant amount of time Wednesday trying to close the door on Bill 124, arguing it “doesn’t exist” as his government continues to appeal a court decision that struck down the legislation.

“Let me be very clear to the folks out there. You can hear whatever it is, Bill 124 is lapsed,” Ford told reporters at his first news conference of 2023.

Two weeks earlier the Ontario government formally filed an appeal of a court decision that found Bill 124—legislation that capped pay increases for most public sector workers at one per cent for three years—to be unconstitutional. A Nov. 29 decision found the bill infringed on the applicants’ rights to freedom of association and collective bargaining.

The same day, Ford’s government indicated it would be appealing the decision.

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The government argues the court “erred in holding that the financial impact of the Act’s limits on the compensation increases substantially interferes with the respondent’s rights to a meaningful process of collective bargaining.”

They also argued the judge mischaracterized the reason why Bill 124 was put in place to begin with, which they say was to manage the province’s finances.

The premier reiterated this argument on Wednesday.

“I always have to be a prudent fiscal manager with the taxpayers money,” Ford said. “We just can't be out there spending willy nilly as people are working their backs off. They are taxed to the brink right now. They can’t just keep dishing it out, so we have to take everything into consideration.”

Earlier this year, the Financial Accountability Office found the government may have to pay around $8.4 billion in salaries if the court challenge landed in favour of the workers.

However, if the appeal is successful, the province stands to save about $9.7 billion in salaries and wages from 2019 through to 2025-2027 from both unionized and non-unionized employees.

Ford was questioned about Bill 124 amid media reports that found the government was aware the legislation could negatively contribute to the health-care staffing crisis. He argued the claim was “not accurate” because more than 60,000 nurses have been hired since 2018.

However Liberal MPP Dr. Adil Shamji says that while nurses are being hired, many are also leaving the profession.

“You can pour water into a bucket, but for as long as there are massive holes at the bottom, that are allowing water to seep out that bucket will never fill,” he told CTV News Toronto.

“Nurses, however quickly they're being brought in are leaving just as quickly.”

Shamji added that Bill 124, despite what the premier claimed Wednesday, is still “in effect.”

“There will be negotiations with healthcare worker unions that I understand will take place under Bill 124,” he said. “The consequences of this legislation will continue to resonate for years to come.

“The appropriate thing to do is number one, not to appeal it in the courts. And number two, repeal it immediately.”

Unions representing health-care workers have been advocating for better working conditions and pay amid a staffing shortage for most of the pandemic. Ford said Wednesday that his government was looking into options to relieve that burden by having “independent health centres with the same standards” do some of the work.

“People don't care where they have to go as long as it has the same regulations. Same top notch doctors that are working in the hospital…and knock off simple stuff,” Ford said.

“These are no brainers that are backlogged in the health-care system.”