Nuclear commission serves orders to Ottawa manufacturer as labour dispute reaches 200th day

Best Theratronics on March Road in Ottawa's west end. (Google)

Canada's nuclear safety regulator is taking action against an Ottawa manufacturing facility relating to safety, security and financial problems amid an ongoing strike by the company's employees that reached its 200th day on Sunday.

The Canadian Nuclear Safety Commission (CNSC) found Best Theratronics Ltd. is no longer in compliance with its Class 1B licence, which allows for the processing and manufacturing of radioactive materials, including uranium, thorium or plutonium.

The facility located on March Road in Kanata, manufactures external beam radiation therapy units and other medical devices that are often used for patients undergoing cancer radiation therapy.

Nuclear facilities in Canada with a 1B licence are required to provide regulators with financial guarantees to ensure they have sufficient funds available in case a site requires decommissioning and to ensure that all high-risk materials can be properly disposed of.

After an investigation, CNSC has ordered the company to cease operations of any particle accelerators it possesses and the use of any nuclear substances that are required for manufacturing. The order does not impact the company's ability to possess and store nuclear substances and it must continue to maintain its inventory of nuclear materials in a safe way, the commission said.

The commission says it accepted a financial guarantee of $1.8 million from Best Theratronics in 2017 but that the company had about $1.5 million outstanding since 2021.

A separate order served by the commission requires the company to put in place "additional measures and take additional actions related to security and emergency preparedness." CNSC did not provide more specifics on the reasons for the order or the actions to be taken, citing "sensitive security information."

The company will have to prove it has the financial capability to operate a nuclear facility and provide a plan to ensure it can resume its operations safely.

"As of Nov. 5 2024, Best Theratronics Ltd., has not responded to CNSC's Oct. 29, 2024 request for information on the status of the financial guarantee," CNSC said.

CSNC said in a statement to CTV News that there are no operational activities at the facility and nuclear substances on site are being stored safely. There is no risk to public safety or the environment, CSNC said.

"Both orders will be reviewed. The licensee will be offered the opportunity to be heard in respect of the review of each order, which will each be reviewed separately and confirmed, amended, revoked or replaced. Failure to comply with an order can lead to further regulatory measures, including prosecution or licensing actions," a CSNC spokesperson said in an email.

"As Canada’s nuclear regulator, our rigorous oversight of this facility is ongoing, and we continue to monitor Best Theratronics Ltd. and all nuclear licensees for regulatory compliance to ensure the safety of workers, the public and the environment."

No progress on labour dispute

The orders escalate an already tense labour dispute between the company's owner, Krish Suthanthiran, and his employees. More than 40 workers at the company went on strike on May 1 after being without a contract for over a year. Unions representing the workers have called the situation unprecedented, alleging Suthanthiran has refused to bargain with the employees and has engaged in illegal bargaining practices.

Unifor, the union who represents most of the striking workers, has been calling on the provincial and federal government to step in to resolve the strike as concerns over the state of the facility without unionized workers increases.

In an interview with Newstalk 580 CFRA's Live with Andrew Pinsent on Saturday, Unifor president Lana Payne said employees continue to be frustrated by the lack of progress from federal officials to put an end to the strike, saying the company has been able to get away with a "blatant" disregard for the bargaining process that is "tantamount to union busting."

In a social media post this week, Minister of Labour Steven MacKinnon wrote that he met with the employees and the union involved on Tuesday.

"We continue to monitor the situation closely, and I have requested a meeting with the employer," MacKinnon wrote on X.

"A negotiated solution is the best outcome for all involved."

The Minstry of Labour said in a statement to CFRA that two counciliation officers have been appointed to assist the parties in their negotiations.

"The parties are responsible for reaching agreements. The Federal Mediation and Conciliation Service remains in contact with the parties and are available to assist them in their negotiations," the Ministry of Labour said, in part.

"The parties must put in the work at the table to get deals."

Payne called the comments from MacKinnon and similar statements to be "insulting."

"Some of the comments that we've heard, including from the Minister, is that all it takes is to sit down at the table and work hard and get an agreement. Well, I would say, that is exactly what we've been trying to do," Payne said.

"When one refuses to recognize the union, when one blatantly disregards their right to free and fair collective bargaining, this is the kind of impasse you get into."

Payne says the employer has not responded to requests from MacKinnon and the union to meet.

"This is an employer that's missing in action and that's not living up to the laws of the land," Payne said.

"Where does it end and when do the authorities in this country step in?"

Suthanthiran previously declined an interview with Newstalk 580 CFRA and CTV News but said in an email that operations ceased at the facility six months ago, citing a "blockade" by the unions. He added he would share more details at a later date.

"I am preparing the challenges of doing business in Canada , with the Blockade by the Unions , no one can enter our building , staff , Fire / Safety / HVAC Engineers into our building . This is Bizarre," he wrote in an email to CFRA.

"I am preparing a summary, I will forward them next week to you and others."

With files from Newstalk 580 CFRA