New Brunswick Nuclear Power Plant Exclusion

Summary#

This is a proposed set of regulatory changes published in the Canada Gazette on April 27, 2024. It would update and replace several old exclusion rules so that provincial rules (rather than the Canada Labour Code and the Non-smokers’ Health Act) continue to apply at nuclear power plants and some uranium-mine workplaces, and it would harmonize how on-site firefighters’ rights to refuse dangerous work are treated across provinces.

What it does#

• Replaces four Ontario exclusion regulations with one new rule: Ontario Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act). This broadens the definition so it can apply to any current or future nuclear power plant in Ontario (not just those once owned by Ontario Hydro).
• Replaces the New Brunswick exclusion regulation with a new rule: New Brunswick Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act). It removes the permanent tie to Point Lepreau so the rule can cover any nuclear power plant in New Brunswick.
• Adds a harmonized rule for on-site fire brigades so members of a facility fire brigade (FFB) at nuclear plants would have a limited right to refuse dangerous work when that danger is a normal part of their job. They would still be able to refuse work that is unusually hazardous (for example, if required safety equipment is missing).
• Removes outdated construction-related provisions that are no longer needed.
• Updates and modernizes references in the Saskatchewan Uranium Mines and Mills Exclusion Regulations to current provincial laws.
• Repeals the old Uranium Mines (Ontario) Employment Exclusion Order because there are no active uranium mines in Ontario.
• This is a proposal, not final. Interested people have 30 days after publication to comment.

Who's affected#

• On-site staff at nuclear power plants in Ontario and New Brunswick, especially members of facility fire brigades (FFB). There are about 230 FFB members at Ontario’s three plants.
• Nuclear plant operators such as Bruce Power and Ontario Power Generation (OPG), and their unions like the Power Workers’ Union.
• Provincial governments and agencies involved in workplace safety and labour rules in Ontario, New Brunswick, and Saskatchewan.
• Companies and stakeholders involved in uranium mining, mainly those in Saskatchewan (and parties who follow the now-obsolete Ontario order). Cameco and other industry groups took part in consultations.
• The changes are narrowly targeted. If you are not connected to a nuclear plant or a uranium mine, you are unlikely to notice any effect.

Why it matters#

• It clarifies who’s in charge of workplace rules at nuclear plants. The proposal keeps provincial rules in force at those sites while cleaning up old, confusing federal regulations. That makes it easier for plant operators and workers to know which laws apply.
• For facility firefighters, it standardizes a practical safety trade-off across provinces: they won’t be allowed to refuse routine hazardous tasks that are part of their job (for example, fighting a fire), but they can still refuse work that is unusually dangerous or where safety equipment is missing. That affects day-to-day decisions at the plant level.
• Repealing or updating obsolete orders reduces regulatory clutter. For the public, that mainly means clearer rules and fewer outdated references in federal paperwork.
• This is still a proposed change. The government is taking comments for 30 days after publication before any final rule is made.