Ontario Nuclear Plant Exclusion Regulations

Summary#

These are proposed Ontario Nuclear Power Plant Exclusion Regulations that would move most federal labour, safety and workplace-smoking rules for Ontario nuclear power plants to Ontario law. The proposal was published on April 27, 2024 and seeks comments for 30 days from that date. The measure is sponsored by Employment and Social Development Canada.

What it does#

• Defines a “nuclear power plant” as a Class IA nuclear facility built to generate electricity or heat for a commercial purpose and located in Ontario.
• Removes most of the application of the Canada Labour Code (Parts I, II and III) to work at or connected with those plants, while keeping limited federal sections:
  • Part I exceptions: sections 121.1 to 121.5 remain in force.
  • Part II exceptions: sections 158 to 160 remain in force.
  • Part III exceptions: sections 265 to 267 remain in force.
• Excludes most of the Non-smokers’ Health Act for these workplaces, while keeping sections 8.1 and 8.2.
• Makes Ontario statutes the primary rules for the workplaces covered, where relevant:
  • Labour Relations Act, 1995 (for labour relations and the Ontario Labour Relations Board rules).
  • Occupational Health and Safety Act (for workplace health and safety).
  • Employment Standards Act, 2000 (except subsection 3(2) and Part XIII).
  • Smoke‑Free Ontario Act, 2017 (for smoking at work).
• Adapts a few legal terms and references so the Ontario laws fit these workplaces (for example, treating supervisors as “employees” for some labour relations rules, defining a “facility fire brigade,” and adjusting certain legal cross-references to federal laws like the Canadian Human Rights Act or parts of the Criminal Code).
• States that provisions of the Nuclear Safety and Control Act and its regulations prevail if there is any inconsistency with the Ontario laws named above.
• Repeals several older exclusion orders and regulations that applied to uranium mines and Ontario hydro nuclear facilities, including:
  • Uranium Mines (Ontario) Employment Exclusion Order
  • Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations)
  • Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety)
  • Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards)
  • Ontario Hydro Nuclear Facilities Exclusion Regulations (Use of Tobacco)
• Says the new regulations would come into force on the day they are published in Canada Gazette, Part II.

Who's affected#

• Employees who work on or in connection with a Class IA nuclear power plant located in Ontario.
• Employers that operate or provide services to those nuclear power plants.
• Labour unions and the Ontario Labour Relations Board, which would handle many labour matters instead of federal bodies for these workplaces.
• Ontario regulators and inspectors dealing with occupational health and safety and employment standards.
• The federal regulator for nuclear safety (through the Nuclear Safety and Control Act) where its rules conflict with provincial rules.

If the source is unclear: the notice is a proposed regulation. It does not yet say exactly when it would take legal effect beyond the “Part II” publication step.

Why it matters#

• The change shifts most day-to-day rules about hiring, unions, workplace safety and smoking at Ontario nuclear power plants from federal law to provincial law. That affects which rules apply and which government office you deal with for complaints or enforcement.
• Some federal protections remain in place, and federal nuclear-safety rules still override provincial rules if they conflict. So both levels of law stay relevant.
• Workers, employers and unions at these plants should watch the rule-making and consider commenting during the 30‑day consultation period if they have concerns or suggestions.