Ontario Nuclear Power Plant Exclusion

Summary#

The federal government has published a proposal called the Ontario Nuclear Power Plant Exclusion Regulations. If adopted, it would treat employment at Ontario nuclear power plants under Ontario workplace laws instead of most of the federal Canada Labour Code; the notice appeared in the Canada Gazette, Part I on April 27, 2024, and the public can comment for 30 days.

What it does#

• Defines “nuclear power plant” as a Class IA facility built to generate electricity or heat commercially in Ontario (referring to the Class I Nuclear Facilities Regulations).
• Removes most federal coverage of employment at those plants:
  • Excludes such employment from Part I of the Canada Labour Code, except sections 121.1 to 121.5.
  • Excludes such employment from Part II of the Canada Labour Code, except sections 158 to 160.
  • Excludes such employment from Part III of the Canada Labour Code, except sections 265 to 267.
  • Excludes such employment from the Non-smokers’ Health Act, except sections 8.1 and 8.2.
• Makes specific Ontario laws apply instead, where relevant to work at these plants:
  • Labour Relations Act, 1995
  • Occupational Health and Safety Act (Ontario)
  • Employment Standards Act, 2000
  • Smoke‑Free Ontario Act, 2017
• Includes technical adjustments so provincial rules fit the nuclear context (examples: supervisors counted as employees for some rules; some legal cross‑references replaced by federal equivalents; facility fire brigades and on‑site nuclear response forces are specifically addressed).
• Says the Nuclear Safety and Control Act and its regulations take priority if there is any conflict with the provincial rules in these Regulations.
• Repeals older federal orders and regulations that previously excluded specific Ontario nuclear workplaces (including the Uranium Mines (Ontario) Employment Exclusion Order and several Ontario Hydro exclusion regulations).
• If finalized, the Regulations would come into force on the day they are published in Canada Gazette, Part II.

Who's affected#

• Employees who work at or in connection with nuclear power plants located in Ontario, including:
  • regular workers and supervisors,
  • on‑site emergency or facility fire brigade members and on‑site nuclear response forces (as specifically noted).
• Employers and contractors that operate or supply services to those Ontario nuclear power plants.
• Unions and labour relations bodies that handle bargaining, certification or labour disputes for these workplaces.
• Regulators and inspectors whose roles touch workplace health, safety and labour relations at Ontario nuclear facilities, particularly where federal nuclear safety rules also apply.

If anything is unclear from the text (for example, how certain mixed federal–provincial issues would be handled in practice), the notice does not fully resolve that — it is a proposal and the comment period is meant to surface such questions.

Why it matters#

• The change would shift most workplace rules for Ontario nuclear power plants from federal law to Ontario law. That affects where workers take complaints, how bargaining and union rules work, and which health and safety rules apply day to day.
• Nuclear safety rules under the Nuclear Safety and Control Act still trump provincial rules where they conflict, so plant safety oversight remains tightly regulated at the federal level.
• For workers and employers, the practical outcomes could include different rules on hours, leave, collective bargaining procedures, and smoking at work — because those matters would be governed mainly by Ontario statutes instead of the federal code.
• This is a proposed regulation, not final. Interested people and groups have 30 days from the Gazette publication to comment before the government decides whether to proceed.