Canada Gazette, Part I, Volume 158, Number 17: Ontario Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act)
April 27, 2024
Statutory authorities
Canada Labour Code
Non-Smokers’ Health Act
Sponsoring department
Department of Employment and Social Development
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the New Brunswick Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers' Health Act).
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Ontario Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act) under sections 121.2footnote a, 121.5footnote b, 159footnote c and 266footnote d of the Canada Labour Code footnote e and section 8.2footnote f of the Non-smokers’ Health Act footnote g.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Marie-France Sanschagrin, Acting Senior Director, Workplace Directorate, Labour Program, Employment and Social Development Canada, 165 De l’Hôtel-de-Ville Street, Place du Portage, Phase II, 10th Floor, Gatineau, Quebec J8X 3X2 (email: edsc.lab.sst.politiques-lab.ohs.policy.esdc@labour-travail.gc.ca).
Ottawa, April 11, 2024
Wendy Nixon
Assistant Clerk of the Privy Council
Ontario Nuclear Power Plant Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act)
Definition
Definition of nuclear power plant
1 In these Regulations, nuclear power plant means a Class IA nuclear facility, as defined in section 1 of the Class I Nuclear Facilities Regulations, that has been constructed to generate electricity or heat for a commercial purpose and that is located in Ontario.
PART 1
Industrial Relations
Definition of Act
2 In this Part, Act means the Labour Relations Act, 1995, S.O. 1995, c. 1, Schedule A.
Exclusion
3 Employment on or in connection with a nuclear power plant is excluded from the application of Part I of the Canada Labour Code, except sections 121.1 to 121.5.
Application of Ontario Act and instruments
4 The following Act and instruments, as amended from time to time, apply, to the extent that they are relevant to industrial relations, to employment on or in connection with a nuclear power plant:
- (a) the Act and the regulations made under it; and
- (b) any rules made by the Ontario Labour Relations Board under section 110 of the Act.
Adaptations
5 For the purposes of section 4,
- (a) the definition employee in subsection 1(1) of the Act includes persons whose duties include the supervision of other employees;
- (b) paragraph 1(3)(a) of the Act must be read without reference to the words “architectural” and “land surveying”; and
- (c) a reference in section 15 or 54 or subsection 136(5) of the Act to the “Human Rights Code” must be read as a reference to the “Canadian Human Rights Act”.
PART 2
Occupational Health and Safety
Definition of Act
6 In this Part, Act means the Occupational Health and Safety Act, R.S.O. 1990, c. O.1.
Exclusion
7 Employment on or in connection with a nuclear power plant is excluded from the application of Part II of the Canada Labour Code, except sections 158 to 160.
Application of Ontario Act and Instruments
8 The Act and any regulations made under it, as amended from time to time, apply, to the extent that they are relevant to occupational health and safety, to employment on or in connection with a nuclear power plant.
Definition of facility fire brigade
9 (1) In this section, facility fire brigade means a group of employees employed to respond to fires at a nuclear power plant.
Adaptations
(2) For the purposes of section 8,
- (a) the reference to “a person employed in” in paragraph 43(2)(a) of the Act must be read as “a member of an on-site nuclear response force, as defined in section 1 of the Nuclear Security Regulations, or a person employed in”;
- (b) the reference to “a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997” in paragraph 43(2)(b) of the Act must be read as “a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997 or a facility fire brigade member”;
- (c) a reference to “the Provincial Offences Act” in subsection 54(2) of the Act or in any regulations made under the Act must be read as a reference to “section 487 of the Criminal Code”; and
- (d) a reference to “sections 159 and 160 of the Provincial Offences Act” in subsection 56(5) of the Act or in any regulations made under the Act must be read as a reference to “sections 488.1, 489.1 and 490 of the Criminal Code”.
Inconsistency
10 The provisions of the Nuclear Safety and Control Act and the regulations made under that Act — relating to occupational safety and health in relation to employment referred to in section 7 — prevail over the provisions of these Regulations, the Act or the regulations made under the Act, to the extent of any inconsistency between them.
PART 3
Labour Standards
Exclusion
11 Employment on or in connection with a nuclear power plant is excluded from the application of Part III of the Canada Labour Code, except sections 265 to 267.
Application of Ontario Act and instruments
12 The Employment Standards Act, 2000, S.O. 2000, c. 41 — except subsection 3(2) and Part XIII — and any regulations made under it, as amended from time to time, apply, to the extent that they are relevant to labour standards, to employment on or in connection with a nuclear power plant.
PART 4
Smoke-free Workplace
Definition of Act
13 In this Part, Act means the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Schedule 3.
Exclusion
14 Employment on or in connection with a nuclear power plant is excluded from the application of the Non-smokers’ Health Act, except sections 8.1 and 8.2.
Application of Ontario Act
15 The Act, as amended from time to time, applies, to the extent that it is relevant to smoking at a workplace that is related to employment on or in connection with a nuclear power plant.
Adaptation
16 For the purposes of section 15, the reference to “another Act, a regulation” in section 18 of the Act must be read as a reference to “another Act or a regulation — including the Nuclear Safety and Control Act and any regulations made under that Act — ”.
PART 5
Repeals and Coming into Force
Repeals
17 The following order and regulations are repealed:
- (a) the Uranium Mines (Ontario) Employment Exclusion Order footnote 1;
- (b) the Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations) footnote 2;
- (c) the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) footnote 3;
- (d) the Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards) footnote 4; and
- (e) the Ontario Hydro Nuclear Facilities Exclusion Regulations (Use of Tobacco) footnote 5.
Coming into Force
Publication
18 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
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