Kroft v. Ontario Power Generation, 2014 HRTO 1553

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Kroft

Applicant

-and-

Ontario Power Generation

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: October 17, 2014

Citation: 2014 HRTO 1553

Indexed as: Kroft v. Ontario Power Generation

WRITTEN SUBMISSIONS

Ontario Power Generation, Respondent

Frances Gallop, Counsel

1The Application alleges discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant was an employee working at the respondent's Darlington Nuclear facility.

2The respondent filed a request to dismiss the Application because it is outside of the Tribunal's jurisdiction as a federally regulated business or service. The respondent submitted that employment-related matters concerning nuclear facilities are federally regulated.

3The applicant did not file submissions in response to the respondents' request to dismiss.

4In Ontario Hydro v. Ontario (Labour Relations Board), 1993 CanLII 72 (SCC), [1993] 3 SCR 327, the Supreme Court of Canada held that employment-related matters concerning nuclear facilities are federally-regulated. Although Parliament enacted legislation that excluded nuclear facilities from the application of the Canada Labour Code, it has enacted no such legislation transferring jurisdiction over human rights issues to this Tribunal.

5For this reason, the Tribunal has determined in previous decisions that those employed in the nuclear power sector of this same corporate respondent are federally regulated for the purpose of human rights matters: see Szmiett v. Ontario Power Generation, 2013 HRTO 679; Suri v. Ontario Power Generation, 2011 HRTO 1804; Henderson v. Ontario Power Generation, 2009 HRTO 631 and Osier v. Ontario Power Generation, 2008 HRTO 374.

ORDER

6For the reasons set out above, the Application is dismissed as outside the Tribunal's jurisdiction. Accordingly, the applicant's human rights dispute falls under the jurisdiction of the Canadian Human Rights Commission not this Tribunal.