SOR/98-17919983

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CANADA LABOUR CODEOntario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations)Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations)P.C. 1998-40719983

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His Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 121.2a and 121.5a of the Canada Labour Code, hereby makes the annexed Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations).aS.C. 1996, c. 12, s. 1Interpretation

1The definitions in this section apply in these Regulations.employment means employment with Ontario Hydro or a person referred to in paragraph (b) of the definition nuclear facility. (emploi)nuclear facility means a nuclear facility in Ontario that is subject to the Nuclear Safety and Control Act or any regulations made under that Act and that is(a)owned and operated by Ontario Hydro; or(b)owned or operated by a person other than Ontario Hydro if, on the day on which these Regulations come into force or on a day after that day, it is owned and operated by Ontario Hydro. (installation nucléaire)Labour Relations Act, 1995 means Schedule A to the Labour Relations and Employment Statute Law Amendment Act, 1995, S.O. 1995, c. 1. (Loi de 1995 sur les relations de travail)Labour Relations and Employment Statute Law Amendment Act, 1995 means An Act to restore balance and stability to labour relations and to promote economic prosperity and to make consequential changes to statutes concerning labour relations, S.O. 1995, c.1. (Loi de 1995 modifiant des lois en ce qui concerne les relations de travail et l’emploi) SOR/2001-519, s. 1

Exclusion

2Employment on or in connection with a nuclear facility is hereby excluded from the application of Part I of the Canada Labour Code, except sections 121.2 to 121.5.

Application of Ontario Acts and Instruments

3Subject to section 4, the following Acts and instruments, as amended from time to time, apply, to the extent that they are relevant, in relation to employment on or in connection with a nuclear facility:(a)the Labour Relations Act, 1995 and the regulations made under it;(b)the regulations made under the Labour Relations Act, R.S.O. 1990, c. L.2, in so far as they are not inconsistent with the Labour Relations Act, 1995, and until those regulations are repealed or replaced; and(c)any rules of procedure made by the Ontario Labour Relations Board under section 110 of the Labour Relations Act, 1995.

4For the purposes of section 3,(a)paragraph 1(3)(a) of the Labour Relations Act, 1995 shall be read without reference to the words "architectural" and "land surveying";(b)the definition "employee" in subsection 1(1) of that Act shall include persons whose duties include the supervision of other employees; and(c)every reference in section 15, 54 or 136 of that Act to the "Human Rights Code" shall be read as a reference to the "Canadian Human Rights Act".

5Any proceeding instituted before the Canada Industrial Relations Board before the day on which these Regulations come into force shall be continued as if these Regulations had not been made.1998, c. 26, s. 85

Coming into Force

6These Regulations come into force on April 1, 1998.