New Brunswick Nuclear Power Plant Exclusion

Summary#

The government has published a proposal to replace and update the rules that exclude New Brunswick’s nuclear power plant from parts of the Canada Labour Code and the Non-smokers’ Health Act. The change is part of a wider package that would also simplify Ontario’s exclusion rules, update Saskatchewan’s uranium mine references, and harmonize rules for on-site fire crews; interested people can comment within 30 days of publication (April 27, 2024).

What it does#

• Replaces the old Point Lepreau exclusion with the new New Brunswick Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act).

  • Changes the definition from a specific “Point Lepreau facility” to a general “nuclear power plant.”
  • Removes some outdated construction-related provisions.
  • Updates references to current New Brunswick laws for industrial relations, workplace health and safety, labour standards, and smoke-free rules.

• Consolidates and modernizes Ontario rules by repealing several older Ontario exclusion regulations and proposing a single new Ontario Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act).

  • Removes the old link to Ontario Hydro ownership so the rule can apply to current and possible future plants.

• Clarifies rights for on-site fire crews by adding a definition for the facility fire brigade and limiting their ability to refuse dangerous work when that danger is a normal part of the job. The change mirrors an earlier, similar rule for police officers at plants.

• Updates Saskatchewan’s uranium-mine exclusion references (the Saskatchewan Uranium Mines and Mills Exclusion Regulations) to reflect current provincial laws, and repeals the obsolete Uranium Mines (Ontario) Employment Exclusion Order because there are no active uranium mines in Ontario.

Who's affected#

• Members of on-site fire brigades (facility fire brigade, often called FFB). There are about 230 FFB members at Ontario plants who would see a narrowed right to refuse work that is a normal part of firefighting.
• Nuclear plant operators and employers such as Bruce Power, Ontario Power Generation (OPG) and NB Power, and the unions that represent workers, for example the Power Workers’ Union.
• Operators and stakeholders at Saskatchewan uranium mines, including companies like Cameco, where the proposal updates legal references.
• Provincial regulators and workplace-safety bodies such as WorkSafeNB and the Canadian Nuclear Safety Commission (CNSC), which were consulted during development.
• The public generally is not directly affected; these changes mainly tweak which provincial rules apply and how certain worker rights are described.

Why it matters#

• It makes the rules clearer and more up to date. Replacing old, fragmented regulations with consolidated, modern wording reduces confusion about which provincial laws apply at nuclear plants and uranium mines.
• It creates consistent treatment across provinces for on-site fire crews. Firefighters at nuclear plants in Ontario and New Brunswick would have the same, narrower ability to refuse dangerous work when that danger is an expected part of their job — but they could still refuse work that is unusually unsafe (for example, lacking proper protective equipment).
• It removes obsolete orders and references, which simplifies administration and avoids legal references that no longer exist.
• This is a proposal, not final law. The government invited comments for 30 days after publication; the regulators say the new rules would come into force when published in Canada Gazette, Part II if adopted.