New Brunswick Nuclear Plant Exclusion Rules

Summary#

This is a proposed set of federal regulations called New Brunswick Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act). It would update and replace older exclusion rules for nuclear power plants and related smoking law references, and would harmonize certain worker rights for on‑site fire crews (facility fire brigades). Interested people can comment for 30 days after the Canada Gazette publication on April 27, 2024.

What it does#

• Replaces the old New Brunswick exclusion rules (which mentioned Point Lepreau) with new regulations that use the term “nuclear power plant” so the rules can apply to current and future plants in the province.
• Updates references to provincial laws and removes outdated provisions (for example, rules tied to construction that are no longer needed).
• Harmonizes the treatment of on‑site fire crews by adding a definition of “facility fire brigade” and clarifying that members have a limited right to refuse dangerous work when the danger is a normal part of the job (but they can still refuse work that is unusually dangerous or lacks proper protective equipment).
• Repeals and consolidates several Ontario exclusion regulations into a single proposed Ontario regulation (to modernize outdated references to Ontario Hydro and other documents).
• Updates the Saskatchewan uranium mine exclusion wording to replace repealed provincial references, and repeals the old Uranium Mines (Ontario) Employment Exclusion Order (there are currently no active uranium mines in Ontario).

Who's affected#

• Facility fire brigade (FFB) members at nuclear plants. There are about 230 FFB members at the three Ontario plants (Bruce, Pickering and Darlington).
• Employers that run Canada’s nuclear power plants, including Bruce Power, Ontario Power Generation (OPG) and NB Power.
• Unions representing plant workers, for example the Power Workers’ Union.
• Uranium mine operators in Saskatchewan (there are five operating mines in that province). The repeal of the Ontario uranium order affects no active Ontario mines.
• The proposal says it would not directly affect Indigenous organizations or modern treaty holders, because none operate nuclear plants or uranium mines at present.

Why it matters#

• It reduces inconsistency between provinces by making the definition and rules for nuclear plants the same across the country. That makes it clearer which provincial laws apply instead of the federal Canada Labour Code in these workplaces.
• For on‑site firefighters, the proposal limits their ability to refuse work when the danger is a normal part of firefighting at a plant. Practically, that means FFB members could not refuse to fight a fire simply because it is dangerous, but they could refuse if the situation lacks proper protective equipment or is otherwise outside normal conditions.
• The changes are mostly administrative and intended to modernize language and remove obsolete rules. The government estimates little to no additional cost for employers or the public.
• Stakeholders (plant operators, unions, provincial ministries and the Canadian Nuclear Safety Commission) were consulted and some — including the Power Workers’ Union — expressed support for harmonizing these rules.