Ontario Labour Relations Board Clarifies Federal Jurisdiction Over Construction Work At Nuclear Facilities

When does construction work performed by a provincially regulated contractor fall under federal labour jurisdiction? According to the Ontario Labour Relations Board (the "Board"), as soon as the work crosses the fence of a federally licensed nuclear facility.

In SNC Lavalin Inc., 2026 CanLII 63980 (ON LRB), the Board declined jurisdiction over construction work performed at a federally regulated nuclear facility by provincially regulated contractors, holding that the work was integral to, and inseverable from, the site operator's federal undertaking.

Background: Candu’s Nuclear Laboratory in Mississauga

Candu Energy Inc. and Candu Energy International Inc. (together, "Candu") are subsidiaries of SNC Lavalin Group Inc., now AtkinsRéalis, incorporated under the Canada Business Corporations Act. Candu's business involves the design, construction, and ongoing servicing of nuclear reactors, and its existence is “intrinsically connected” to Atomic Energy of Canada Ltd. (“AECL”), a