Dragea v. Ontario Power Generation, 2017 HRTO 1216

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Val Dragea

Applicant

-and-

Ontario Power Generation

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: September 18, 2017

Citation: 2017 HRTO 1216

Indexed as: Dragea v. Ontario Power Generation

WRITTEN SUBMISSIONS

Val Dragea, Applicant

Self-represented

Ontario Power Generation, Respondent

Donna M. D’Andrea, 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 is an employee of the respondent, Ontario Power Generation, working at the Pickering Nuclear Generating Station.

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 filed submissions indicating that she had been in contact with the Canadian Human Rights Commission and was told by a staff member that her employer was likely to be provincially-regulated; however, the Commission does not appear to have issued a decision to that effect. The respondent takes the position that the applicant’s employer is federally-regulated for the purpose of human rights matters.

4In Kroft v. Ontario Power Generation, 2014 HRTO 1553, the Tribunal dismissed an Application filed against the same respondent, determining that it was outside the Tribunal’s jurisdiction. The Tribunal stated:

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.

For 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. 2014 HRTO 1553.

ORDER

5For 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.