Construction in Ontario Newsletter – October 2017 Edition
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The Council of Ontario Construction Associations (COCA) is a federation of construction associations; the largest and most representational group of industrial, commercial and institutional (ICI) and heavy civil construction employers in Ontario. Our member organizations represent more than 10,000 construction businesses and more than 400,000 employees.
As industry advocate, COCA brings the concerns of our members to the attention of Queen’s Park and works with the government to ensure that Ontario’s legislative landscape is one in which our industry can grow and prosper.
Bill 142 Update
Here’s what we know about Bill 142 Construction Lien Amendment Act 2017:
- The Bill does three things: 1) modernizes the Construction Lien Act;’ 2) introduces a payments regime; 3) introduces a dispute resolution process
- The Bill passed second reading in the Ontario Legislature on October 4, 2017 by a vote of 92-0 and was referred to the Committee on the Legislative Assembly
- The chair of the Committee on the Legislative Assembly is Tory MPP Monte McNaughton who is believed to be a big supporter of Bill 142 and who led his party’s Blue Ribbon Panel on Prompt Payment
- The Committee has scheduled public hearings as follows: Wednesday, October 25, Wednesday, November 1 and Wednesday, November 15 (those who wish to make presentations at these hearings should contact the clerk of the Committee at firstname.lastname@example.org)
- Following the hearings, the Committee will meet to conduct a clause-by-clause review of the Bill and will consider amendments on Wednesday, November 22 and Wednesday, November 29
- Then the Bill as amended will be reported back to the Legislature for third reading and Royal Assent
- The Legislature rises for its winter break on Thursday, December 14, 2017 so there will be only nine sitting days remaining in the fall session after the clause-by-clause stage for Bill 142 to be reported back to the Legislature for third reading and Royal Assent
Here’s what we believe and speculate:
- The government is sincere when it says it intends to have Bill 142 passed before the end of the fall 2017 session
- During second reading debate the opposition parties stated that they support Bill 142 in principle but objected to some elements of it; the NDP said it has no teeth and that it should include stronger enforcement measures; the Tories objected to the payment timelines; the opposition parties are likely to introduce amendments of their own in the clause-by-clause phase; we hope these will not disrupt the delicate balance that Reynolds and Vogel have miraculously achieved
- The government is likely to introduce several if not many amendments to refine and clarify the Bill’s language but none will represent a policy shift
- The Association of Municipalities of Ontario (AMO) and the City of Toronto will very likely appear at the hearings and object strongly to the tightness of the proposed payment timelines (imagine that, an organization that requires its ratepayers to pay for municipal services in advance demanding its suppliers to wait 90 – 120 days and more for payment. I think there’s a word for that. Come on AMO, get with the program, embrace the 90s! Modernize your business processes.)
- If passed, there will be a need for industry education and support, to acquaint industry participants with the provisions of the new law; this will be a tremendous opportunity for associations
- If passed, Bill 142 will very likely come into force in two phases with the modernization of the Construction Lien Act provisions coming into force about 6 month after Royal Assent and the payment and adjudication provisions coming into force 18 – 24 months after Royal Assent
The latest from the Ministry of Labour’s Prevention Office is that the Draft Accreditation Standard will be published for consultation sometime in late October or early November. But don’t hold your breath; this is about the fourth or fifth time a new postponed date has been announced. The consultation period will be 45 days.
WSIB Extends Consultation Deadline
In August, the WSIB published seven draft policies relating to the implementation of the new Rate Framework and invited stakeholders to provide feedback. The original deadline for feedback from stakeholders was October 13, 2017. That deadline has since been extended to December 5, 2017.
COCA’s WSIB Committee met recently to consider the policies and will be making a detailed submission.
The WSIB is planning working sessions with stakeholders to refine the policies before the new deadline.
OCoT Needs You to Lead Your Trade
The Ontario College of Trades is responsible for:
The College of Trades Appointments Council is an agency of the Government of Ontario, independent of the Ontario College of Trades, responsible for appointing individuals to serve on the College’s governance structure. The College’s governance structure includes the Board of Governors, the four sector Divisional Boards (Construction, Motive Power, Industrial and Service) and the various Trade Boards in each sector.
The Appointments Council is currently seeking applications from construction employers who:
If selected to serve you will:
There are currently or there will be in the next 6 -8 months, vacancies for employer side members on almost every construction Trade Board. We encourage interested and qualified employers to apply by:
Mail: College of Trades Appointments Council, 400 University Ave., 12th Floor, Toronto, ON M7A 1T7
COCA Disappointed with Cancellation of Energy East Pipeline
COCA joins with the Pipe Line Contractors Association of Canada, the Provincial Building and Construction Trades Council of Ontario and many others from across the country in expressing our enormous disappointment at the cancellation of the Energy East Pipe Line project.
According to an October 6, 2017 statement by the Pipe Line Contractors Association of Canada (PLCAC):
In the release, PCAC Executive Director Neil Lane stated “It is important to remember that pipelines continue to be the most responsible energy transportation solution and a significant contributor to Canada’s economy and everyone’s standard of living. The cancellation of this project will take a heavy toll on Canadian pipeline construction jobs in communities across Canada.”
In a Daily Commercial News article published on October 11, 2017, Patrick Dillon, business manager for the Provincial Building and Construction Trades Council of Ontario, was quoted as saying, “Construction workers are deeply upset. We have worked with TransCanada laying the groundwork to provide enough trained and qualified workers to ensure that there would be no delays due to staffing.”
In the article, Dillon went on to say, “Energy East represented a lost opportunity to strengthen the country much as the creation of the Canadian Pacific Railway did nearly 150 years ago. It is a shame that a cumbersome regulatory environment has caused a $15 billion investment to go south.”
COCA’s Chair, Gary van Bolderen expressed his disappointment this way, “This seems to be a huge mistake for Canada’s long term economy and our country’s infrastructure needs, as well as our own ability to be able to supply our energy needs within our own borders. To succumb to the environmental concerns, which can be overcome, and which are minor compared to the alternative repercussions of not proceeding, is to abdicate our responsibility as citizens of our country.”
IHSA Annual General Meeting
The Infrastructure Health and Safety Association held its AGM in the conference centre at the Centre for Health and Safety Innovation on October 4th.
Management Co-Chair David Johnson of Toronto Hydro led the meeting through the obligatory AGM elements and Enzo Garritano followed up with a review of the organization’s considerable accomplishments over the past year.
Mark Elias gave an impressive overview on the IHSA’s marketing and communications activities and various awards and recognitions were presented including to about 75 companies that achieved Certificates of Recognition (CoR).
The Gil Samson Award was presented to the Kingston Regional Labour Management Committee.
The Roy A Phinnemore Award was presented to Al Wilder
The John M Beck Award was presented to Plan Group for the Milton District Hospital health and safety committee.
Matthews and Sandals Not Seeking Re-election
On October 8th both Deputy Premier and Minister of Advanced Education and Skills Development Deb Matthews and Treasury Board President Liz Sandals announced they will not seek re-election in the June 2018 Ontario general election.
Matthews is the MPP for London North Centre and Sandals the MPP for Guelph.
Matthews and Sandals join the list of Liberal MPPs not seeking re-election that includes Minister of Economic Development and Growth Brad Duguid, Speaker Dave Levac and backbenchers Monte Kwinter and Mario Sergio.
New on the COCA Website
|In This Issue|
|Bill 142 Update|
|WSIB Extends Consultation Deadline|
|OCoT Needs You to Lead Your Trade|
|COCA Disappointed with Cancellation of Energy East Pipeline|
|Matthews and Sandals Not Seeking Re-election|
|New on the COCA Website|