Background
Ontario Hydro is a power generating corporation owned by the Ontario government. Among their power generating plants include five nuclear generators. These nuclear plants fall under the jurisdiction of the federal Atomic Energy Control Act. Section 18 of that Act provides that all works and undertakings "constructed for the production, use and application of atomic energy" are works that are "for the general advantage of Canada".
The Society of Ontario Hydro Professional and Administrative Employees applied for certification under the Ontario Labour Relations Act to represent the employees of Ontario Hydro including those who work at the nuclear plants. The Coalition to Stop the Certification of the Society, another group of employees, attempted to prevent the society from getting certification on the grounds that nuclear stations were in the jurisdiction of the Canada Labour Code which would require them to apply to the Canada Industrial Relations Board.
The Ontario Labour Relations Board agreed with the Coalition and held that they did not have jurisdiction to certify the bargaining unit. On appeal to the Court of Appeal for Ontario the ruling of the Board was upheld.
The issue before the Supreme Court was stated as:
- Does the Labour Relations Act of Ontario or the Canada Labour Code constitutionally apply to the matter of labour relations between Ontario Hydro and those of its employees who are employed in Ontario Hydro's nuclear electrical generating stations which have been declared to be for the general advantage of Canada under s. 18 of the Atomic Energy Control Act?
In a four to three decision the Court denied the appeal and held that employees who are connected with the nuclear facilities are subject to the federal Labour Relations Code.
Read more about this topic: Ontario Hydro V. Ontario (Labour Relations Board)
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