Vol. 141, No. 7 — February 17, 2007

Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety)

Statutory authority

Canada Labour Code

Sponsoring department

Department of Human Resources and Social Development

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

This amendment to the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) is made pursuant to the Canada Labour Code, Part II, the purpose of which is to prevent accidents and injuries arising out of, linked with, or occurring in the course of, employment in the federal jurisdiction.

In October 2001, the Canadian Nuclear Safety Commission (CNSC) issued Order 01-1 in which several enhanced security measures were stipulated for high-security sites, namely nuclear power plants. Licences have been changed to require each operator to establish, train, equip and deploy an on-site armed nuclear response force. These requirements are reflected in the current amendments to the Nuclear Security Regulations.

This amendment to the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) would place the same restrictions on the right to refuse dangerous work for workers assigned to on-site nuclear response forces that section 43 of Ontario's Occupational Health and Safety Act places on police officers, firefighters, and certain other workers. This would be in circumstances where the danger is inherent in the worker's work or is a normal condition of the worker's employment, or where the worker's refusal would directly endanger the life, health or safety of another person. This proposed change is consistent with the refusal to work provisions in Part II of the Canada Labour Code that apply to other industry sectors under federal labour jurisdiction.

Alternatives

Two other alternatives were considered:

(a) the status quo, which was not acceptable because there must be no uncertainty with respect to the responsibilities of members of a nuclear response force to defend against any attack; and

(b) amendments to Ontario's Occupational Health and Safety Act, which was not possible because the province, constitutionally, does not have jurisdiction to legislate occupational health and safety matters specifically and solely for the nuclear sector, but only occupational health and safety generally.

Benefits and costs

Prior to the CNSC issuing Order 01-1, licensees were required to make arrangements with local police forces to respond to emergency situations at these nuclear facilities. Such arrangements with off-site police tactical units will continue to provide support and relief to the new on-site nuclear response forces. Police officers have restrictions on their right to refuse dangerous work. Extending the restriction on the right to refuse dangerous work that applies to police officers in Ontario to all members of the new on-site armed nuclear response forces is consistent with the existing policy, as the inherent danger in this specific policing function remains constant.

These restrictions on the right to refuse dangerous work should not be seen as having economic consequences. Had the nuclear response force had the right to refuse in the past, and if they had used it regularly, then that fact might carry costs and benefits, in that, for the time that police were on refusal, employees might have been subject to additional occupational dangers. Since there is no refusal precedent, the case is not economically significant.

Consultation

The CNSC fully supports the amendment, given that it originally proposed the amendment to the Labour Program.

Management of Bruce Power and of Ontario Power Generation also supports the amendment as it was originally proposed.

The Power Workers' Union and the Society of Energy Professionals expressed no objection to the proposed amendment. However, the latter suggested including the definition of "on-site nuclear response force" in the proposed amendment and providing more emphasis on training and qualification of the armed response force for purposes of clarity. The best solution was to refer to "on-site nuclear response force" as defined in the Nuclear Security Regulations, with the addition of "as amended from time to time." Furthermore, the Society's suggestions for purposes of clarity were communicated to the CNSC for its consideration in the context of the current amendments to the Nuclear Security Regulations and due to the fact that the Commission sets the rules for training and qualification of the on-site nuclear response force.

The Society of Energy Professionals also suggested that the restriction stipulated in the proposed amendment apply only to the armed response aspect of the force's duties. The wording "engaged at the time in the duties" was suggested for that purpose. However, the drafters removed the wording as they were uncertain what it added. Also, upon consultation with the CNSC, they advised that anyone who qualified to be on a nuclear response force would always be part of that force. Otherwise stated, nuclear force members do not conduct force duties one day and routine non-force duties the next day. Therefore, it was decided not to include the additional text.

Compliance and enforcement

The Regulations will continue to be administered and enforced by the Ontario government. A memorandum of understanding outlines the responsibility of the Ontario government to perform this function, and includes a requirement for regular reporting to the federal government on activities related to enforcement.

Contact

Frédérick Dupuis, Program Advisor, Occupational Health and Safety Policy, Place du Portage, Phase II, 165 De l'Hôtel-de-Ville Street, 10th Floor, Gatineau, Quebec K1A 0J2, 819-994-6860 (telephone), 819-953-4830 (fax), frederick.dupuis@hrsdc-rhdcc.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 159 (see footnote a) of the Canada Labour Code, proposes to make the annexed Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety).

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Brenda Allard, Acting Manager, Labour Branch, Occupational Health and Safety Policy Unit, Department of Human Resources and Social Development, Place du Portage Phase II, 165 Hôtel-de-Ville Street, Gatineau, Quebec K1A 0J9 (Tel: 819-953-0240; Fax: 819-953-4830; E-mail: brenda.allard@hrsdc-rhdcc.gc.ca).

Ottawa, February 8, 2007

MARY O'NEILL
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE ONTARIO HYDRO NUCLEAR FACILITIES EXCLUSION FROM PART II OF THE CANADA LABOUR CODE REGULATIONS (OCCUPATIONAL HEALTH AND SAFETY)

AMENDMENT

1. Section 4 of the Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) (see footnote 1) is amended by striking out the word ''and'' at the end of paragraph (a), by adding the word ''and'' at the end of paragraph (b) and by adding the following after paragraph (b):

(c) the reference to "a person employed in, or a member of, a police force to which the Police Services Act applies" in paragraph 43(2)(a) of the Act shall be read as "a person employed

in, or a member of, a police force to which the Police Services Act applies or a member of an on-site nuclear response force, as defined in section 1 of the Nuclear Security Regulations". (see footnote 2)

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[7-1-o]

Footnote a

S.C. 1997, c. 9, par. 125(1)(d)

Footnote 1

SOR/98-180

Footnote 2

The definition "on-site nuclear response force" was enacted by subsection 2(3) of the Regulations Amending the Nuclear Security Regulations made pursuant to Order in Council P.C. 2006-792 dated August 29, 2006 and registered as SOR/2006-191.

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices