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Ontario Erectors Association

Construction in Ontario Newsletter – October 2017 Edition

In This Issue

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 25Wednesday, November 1 and Wednesday, November 15 (those who wish to make presentations at these hearings should contact the clerk of the Committee at
  • 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

Accreditation Update
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.
  • Will be voluntary
  • Will integrate with other health and safety programs on a continuum from compliance to excellence
  • Will recognize excellence
  • Will recognize a multitude of health and safety management systems
  • Will include leadership and accountability
  • Include worker participation
  • Provide benefits for those who apply and meet the standard
  • Must have demonstrable implementation and execution
  • Has Ministry of Labour oversight with CPO approval
  • Not change in any way the powers of Ministry of Labour inspectors to attend at a workplace

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:
  • establishing apprenticeship programs and other training programs
  • promoting the trades
  • ensuring that individuals performing compulsory trades have the training and certification required to legally practice in Ontario
  • issuing certificates of qualification and statements of membership
  • maintaining a public registry of its members
  • determining apprentice to journeyperson ratios
  • establishing the scopes of practice for trades
  • Working with other jurisdictions
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:
  • Support the College and its duty to protect the public interest
  • View issues and solutions objectively
  • Know the needs of their trade or trade sector
  • Think strategically
  • Reflect the diversity of Ontario
If selected to serve you will:
  • Have a voice in shaping your trade through updates to training and curriculum standards
  • Actively participate in the growth and evolution of your trade/sector
  • Demonstrate your commitment to quality, safety and professionalism of your trade/sector
  • Enjoy networking and professional development opportunities
  • Receive remuneration
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:
  • Visiting
  • Reviewing the position descriptions
  • Completing the application form
  • Submitting your resume, along with your completed application form via email or mail
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):
  • The project was strongly supported by the PLCAC’s members and its four union partners
  • The PLCAC and its union partners had invested heavily in time, energy, effort and good faith in the project from its very beginning
  • The project would have created more than 14,000 high quality skilled labour jobs over the seven year construction phase
  • When completed, the pipeline would transport up to 1.1 million barrels of crude oil per day from Western Canada to refineries and port terminals in Quebec, and New Brunswick
  • The Energy East Pipeline would have added approximately $55B to Canada’s GDP
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
  • Doctor talks workplace cannabis impact at symposium
  • National Strategy Summit takes on construction industry’s biggest challenges
  • Construction Lien Amendment Act Passes Second Reading; Prompt Payment Ontario Applauds Swift Action
  • Many Ontario workers exposed to cancer-causing hazards: report
  • COCA members anxious over lien reform timeline
  • Annual Minimum Wage Increase to Come into Effect October 1
  • WSIB unveils lower premiums for constructors
  • Ontario’s marijuana framework receives mixed reviews
  • CCA announce that Mary Van Buren has accepted CCA president’s position
  • Stakeholders laud Gritziotis move to OCOT