SOR/98-18019983

19

20196

22

CANADA LABOUR CODEOntario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety)P.C.1998-40819983

19

His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and after consultation with the Atomic Energy Control Board, pursuant to section 159a of the Canada Labour Code, hereby makes the annexed Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety).aS.C. 1996, c. 12, s. 3Interpretation

1The definitions in this section apply in these Regulations.Act means the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, except subsections 16(6) and (7) and sections 17 to 19. (Loi)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)SOR/2002-13, s. 1

Exclusion

2Employment on or in connection with a nuclear facility is hereby excluded from the application of Part II of the Canada Labour Code, except sections 158 to 160.

Application of Ontario Act and Regulations

3Subject to section 4, the Act and any regulations made under it, 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.

4For the purposes of section 3,(a)the reference to "section 158 of the Provincial Offences Act" in subsection 54(2) of the Act and any regulations made under the Act shall be read as a reference to "section 487 of the Criminal Code";(b)the reference to "sections 159 and 160 of the Provincial Offences Act" in subsection 56(5) of the Act and any regulations made under the Act shall be read as a reference to "sections 488.1, 489.1 and 490 of the Criminal Code"; and(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”.SOR/2007-186, s. 1

5In case of an inconsistency between any of the provisions of the Nuclear Safety and Control Act and any regulations made under that Act relating to occupational safety and health in relation to employment referred to in section 2 and the provisions of these Regulations, the Act and the regulations made under the Act, the provisions of the Nuclear Safety and Control Act and its regulations prevail to the extent of the inconsistency.SOR/2002-13, s. 2

Coming into Force

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