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CANADA LABOUR CODENON-SMOKERS’ HEALTH ACTPoint Lepreau, New Brunswick Nuclear Facility Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-Smokers’ Health Act)P.C.2008-54720083

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Whereas the nuclear facility at Point Lepreau, New Brunswick is a work or undertaking that is a corporation — the New Brunswick Power Nuclear Corporation — that is an agent of Her Majesty in right of New Brunswick whose activities are regulated pursuant to the Nuclear Safety and Control Acta;aS.C. 1997, c. 9And whereas the Minister of Labour has consulted with the Canadian Nuclear Safety Commission in accordance with subsection 159(2)b of the Canada Labour Codec;bS.C. 1997, c. 9, par. 125(1)(d)cR.S., c. L-2Therefore Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 121.1d, 121.2e, 121.5f, 158 to 160g and 265 to 267h of the Canada Labour Codec and sections 8.1i and 8.2j of the Non-smokers’ Health Actk, hereby makes the annexed Point Lepreau, New Brunswick Nuclear Facility Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act).dS.C. 1997, c. 9, par. 125(1)(a)eS.C. 1997, c. 9, par. 125(1)(b)fS.C. 1996, c. 12, s. 1gS.C. 1996, c. 12, s. 3; S.C. 1997, c. 9, par. 125(1)(d); S.C. 2000, c. 20, s. 30hS.C. 1996, c. 12. s. 4; S.C. 1997, c. 9, par. 125(1)(e) and (f)iS.C. 1997, c. 9, par. 125(1)(g)jS.C. 1997, c. 9, par. 125(1)(h)kR.S., c. 15 (4th Supp.)Interpretation

Definition1In these Regulations, Point Lepreau facility means the nuclear facility of the New Brunswick Power Nuclear Corporation located at Point Lepreau, New Brunswick.

Construction2The laws of New Brunswick that are incorporated by these Regulations do not apply to employment on or in connection with the Point Lepreau facility related to construction.

Incorporating regulations made in the future3For greater certainty, the incorporation by reference of an Act and its regulations includes all regulations made under that Act after the coming into force of these Regulations, unless otherwise provided.

General

Application4Parts I, II and III of the Canada Labour Code and the Non-smokers’ Health Act apply to employment on or in connection with the Point Lepreau facility.

Incorporation by reference5The following Acts and instruments, as amended from time to time, are incorporated by reference and apply to the use of tobacco in the Point Lepreau facility and, to the extent that they are relevant to industrial relations, occupational health and safety or labour standards, to employment on or in connection with the Point Lepreau facility:(a)sections 33 to 35 of the Judicature Act (R.S.N.B. 1973, c. J-2) and its regulations;(b)Public Interest Disclosure Act (S.N.B. 2007, c. P-23.005) and its regulations.

PART 1Industrial Relations

Exclusion6Despite section 4, employment on or in connection with the Point Lepreau facility is excluded from the application of Part I of the Canada Labour Code, except sections 121.1 to 121.5.

Incorporation by reference7The following Acts and instruments, as amended from time to time, are incorporated by reference and apply, to the extent that they are relevant to industrial relations, to employment on or in connection with the Point Lepreau facility:(a)Industrial Relations Act (R.S.N.B. 1973, c. I-4) and its regulations, other than the definition construction industry in subsection 1(1) and sections 51.2 and 51.21 of that Act;(b)Public Service Labour Relations Act (R.S.N.B. 1973, c. P-25) and its regulations.

Adaptations — Act8(1)In respect of the application of the Industrial Relations Act (R.S.N.B. 1973, c. I-4),(a)references to “construction industry” shall be read as a reference to the industry that is composed of the businesses that are engaged in the operation and maintenance of the Point Lepreau facility;(b)references to “construction project” in sections 51.1, 51.3, 51.5, 51.6, 51.8 and 51.9 shall be read as a reference to the operation and maintenance aspects of a refurbishment project; and(c)references to “construction work” in the definitions off-site work and on-site work in section 51.11 shall be read as a reference to “operation and maintenance work”.Adaptations — Regulations(2)The reference to “refurbishment” in section 7 of the Major Projects Regulation - Industrial Relations Act (N.B. Reg 90-51) shall be read as a reference to “operation and maintenance aspects of the refurbishment”.

Application of collective agreement9Any collective agreement entered into under the Industrial Relations Act (R.S.N.B. 1973, c. I-4) before the day on which these Regulations come into force that contains provisions respecting terms and conditions of employment of workers who are responsible for the construction aspects of the refurbishment of the Point Lepreau facility applies to workers who are responsible for the operation and maintenance aspects of the refurbishment at the facility.

Collective agreement — PSLRA10The collective agreement between New Brunswick Power Holding Corporation and the International Brotherhood of Electrical Workers, Local 37 in effect from December 31, 2007 to December 31, 2010 is deemed to be a collective agreement entered into under the Public Service Labour Relations Act (R.S.N.B. 1973, c. P-25) and its regulations incorporated by paragraph 7(b).

PART 2Occupational Health and Safety

Exclusion11Despite section 4, employment on or in connection with the Point Lepreau facility is excluded from the application of Part II of the Canada Labour Code, except sections 158 to 160.

Incorporation by reference12The following Acts and instruments, as amended from time to time, are incorporated by reference and apply, to the extent that they are relevant to occupational health and safety, to employment on or in connection with the Point Lepreau facility:(a)Boiler and Pressure Vessel Act, (S.N.B. 1976, c. B-7.1) and its regulations;(b)Elevators and Lifts Act (R.S.N.B. 1973, c. E-6) and its regulations;(c)Electrical Installation and Inspection Act (S.N.B. 1976, c. E-4.1) and its regulations;(d)Occupational Health and Safety Act (S.N.B. 1983, c. O-0.2) and its regulations, other than the definition “construction” in section 1 of that Act;(e)Plumbing Installation and Inspection Act (S.N.B. 1976, c. P-9.1) and its regulations.

Adaptation13The reference to “where construction is carried on” in the definition project site in section 1 of the Occupational Health and Safety Act (S.N.B. 1983, c. O-0.2) shall be read as a reference to “where the operation and maintenance aspects of the refurbishment project at the Point Lepreau facility are carried on”.

Inconsistency14The provisions of the Nuclear Safety and Control Act and its regulations relating to occupational health and safety in relation to employment on or in connection with the Point Lepreau facility prevail over any provisions of these Regulations to the extent they are inconsistent with the provisions of the Nuclear Safety and Control Act and its regulations.

PART 3Labour Standards

Exclusion15Despite section 4, employment on or in connection with the Point Lepreau facility is excluded from the application of Part III of the Canada Labour Code, except sections 265 to 267.

Incorporation by reference16The following Acts and instruments, as amended from time to time, are incorporated by reference and apply, to the extent that they are relevant to labour standards, to employment on or in connection with the Point Lepreau facility:(a)Employment Standards Act, (S.N.B. 1982, c. E-7.2) and its regulations;(b)Days of Rest Act (S.N.B. 1985, c. D-4.2) and its regulations;(c)New Brunswick Day Act (S.N.B. 1975, c. N-4.1);(d)Wage-Earners Protection Act (R.S.N.B. 1973, c. W-1).

PART 4Use of Tobacco

Exclusion17Despite section 4, employment on or in connection with the Point Lepreau facility is excluded from the application of the Non-smokers’ Health Act, except sections 8.1 and 8.2.

Incorporation by reference18The Smoke-free Places Act (S.N.B. 2004, c. S-9.5) and its regulations, other than subsection 2(3) of that Act, as amended from time to time, are incorporated by reference and apply to the use of tobacco in the Point Lepreau facility.

Coming into Force

Registration19These Regulations come into force on the day on which they are registered.