| March 2004 |  |
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WCA
Launches New Website |
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*Please note , WCA members already
on the list to receive this newsletter* |
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Upcoming Industry Events Rotary Career Symposium (Wpg Convention Ctr) CCA Conference (Las Vegas) Tuesday, March 22 to Saturday, March 26 All Day |
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In recent weeks, WCA has been involved in a heated debate with the various proponents of the Winnipeg Floodway Expansion project. The Manitoba Floodway Expansion Authority has recently made known its intentions to negotiate a Project Labour Agreement (PLA) with the Manitoba Building Trades Council. Such an agreement would impose a specific collective agreement on each and every contractor that successfully bids work on this $700 million project.
The Floodway Expansion project involves the widening and deepening of the existing floodway through the removal of 45 million cubic yards of earth, the replacement or reconstruction of 15 road and rail bridges, several siphons, control structures, and other infrastructure. This project is expected to take 3 years to complete.
The effect of the Floodway Authority's decision would require non-unionized companies to become unionized in order to participate in this project. It is the position of the Winnipeg Construction Association that such a project agreement is not needed and that the project should proceed with open and fair tendering with contracts awarded to the qualified low bidder. WCA is strongly advocating this position with both federal and provincial governments and through the media. We welcome your comments.
WCA has now launched its new website www.wpgca.com
(actually it has been up for a month and is now fully functional.) The
address hasn't changed but we have added a number of new features, and
TONS of links to construction related information.
Updated
features include a new bulletin board for member use, improved access
to the most popular pages, quick navigation to event info, direct links
to the planroom and Online planroom, a feature that allows users to search
for a list of contractors or suppliers based on our existing Buyers Guide
(without actually sharing peoples names and phone numbers), much easier
access to new member info, and more.
We have also tried to provide a faster way to gain access to the most relevant info sources for contractors (rather than attempting to provide our interpretation of the info) by finding the best links to Provincial Tax bulletins, CCRA - Contractor Reporting, Independent contractor guides, CIWA regs and schedules, Employment Standards codes, NEW section on Building Codes, and Workplace Health and Safety Regulations. Have a look!
Will
Bill C-45 Impact You?
An Act to Amend the Criminal Code (Criminal Liability of Corporations)
Bill C-45 was passed by the House of Commons and Senate on October 30, 2003 and given Royal Assent on November 7, 2003. The Criminal Code amendments outlined in Bill C-45 are in part a response to the findings of the Westray mining disaster public inquiry. On May 9, 1992, 26 miners died after an explosion at the Westray coal mine in Plymouth, Nova Scotia. A subsequent inquiry laid blame on Westray management and two provincial government departments.
The Westray experience brought attention to the current difficulty in finding criminal liability on the part of corporations, (see explanation below). It also contributed to a perceived need for a clear statement in the Criminal Code that wanton or reckless disregard for the safety of workers and the public at large in a workplace setting is a criminal offence.
Bill C-45 introduces amendments to the Criminal Code that amend the definition of "everyone" and "person" to include "an organization". It also establishes rules for attributing criminal liability to organizations, including corporations, for the acts of their representatives and also creates a legal duty for all persons directing work to take "reasonable steps" to ensure the safety of workers and the public.
(Information provided by the Canadian Construction Association, for more details, go to:
www.cca-acc.com/news/government/billc45/summary.pdf
or visit the CCA home page at www.cca-acc.com .)
Workplace Safety and the Criminal Code
With the Federal Government's 11th hour passage in November of Bill C-45, some in the construction industry began predicting doom and gloom for construction company executives and managers. Their dire warnings remain that the effect of these amendments is to create a new criminal liability for workplace safety that could inflict severe criminal penalties on construction corporate executives and managers for workplace safety breaches.
The fact is that there is only one new provision dealing with workplace safety. It arguably does not introduce a new criminal offence related to workplace safety but simply clarifies that there is a legal duty on the part of those who direct the work of another to do so in a manner that is not criminally negligent.
In short, the legislative intent would appear to be to make it clear that the criminal negligence provisions in the Criminal Code do in fact apply to a workplace setting. In addition, the intent would appear to be to hold this new/clarified legal duty to the same criminal negligence standard, i.e. wanton or reckless disregard, and not simply some provincial due diligence standard.
(For a full description of proposed changes please visit:
www.cca-acc.com/news/government/billc45/summary.pdf
or the CCA home page at www.cca-acc.com . )
Canadian Construction Association Releases Mould Guidelines For The Construction Industry
The Canadian Construction Association (CCA) released its long-awaited guidelines intended for contractors and other stakeholders on how to minimize, identify, and remediate mould in the building process. These guidelines have been in development since June 2002 by a Task Force of 20 mould-related experts, representing a wide range of interests.
The document provides useful information on the health, insurance, and legal ramifications of mould. It examines construction methods to minimize moisture intrusion during the building process (moisture being the prime factor required for mould growth), details how to assess buildings for mould intrusion, and goes into step-by-step instructions on how to remediate mould growth if discovered. Areas also covered include disposal of mouldy materials, demolition considerations, and guidelines on how to select a proper remediation expert.
"I am proud of the work achieved by this Task Force. This document will meet a growing demand by contractors for information on how to help protect themselves from the growing threat of mould-related legal action," stated Lionel Neveu, Chairman of the CCA Mould Task Force. "We hope that contractors will be able to use this document to assist them in minimizing the potential for mould growth and to implement effective remediation practices when required," he added.
(For more information, contact Canadian Construction Association, Mr Lionel Neveu, Chairman, Mould Task Force,
(780) 435-9748, LNeveu@pcl.com or
Mr. Jeff Morrison, Director of Environment, (613) 236-9455 ext 432, jeff@cca-acc.com.)
Copies of the mould guidelines can be downloaded from the CCA website at www.cca-acc.com , or printed copies will shortly be available from CCA member construction associations.
Manitoba Hydro Downtown Office Project
Manitoba Hydro is proceeding as planned with its Downtown Office Project. Thus far, the provincial utility is right on schedule in its plans for what will ultimately be the erection of Winnipeg 's largest office tower. As timing is everything, especially in the construction business, what follows are a few details that will lead to ground breaking.
The site has been announced. Some of the key players have been selected and plans are underway for construction. The provincial utility is measuring up quite well in comparison to its proposed timeline and true development. In April 2003, Prairie Architects Incorporated of Winnipeg were selected by Manitoba Hydro to serve as Advocate Architect to assist in facilitating site selection and the design process. On December 19, 2003, Manitoba Hydro announced the New Downtown Office Site would be the city block on the south side of Portage Avenue between Carlton and Edmonton Streets extending south to Graham Avenue and will be purchased from Gendis Inc. The property was pinpointed as the optimum downtown spot to generate new investment, increase downtown activity and positive integration into the existing infrastructure of transit, walkway systems and retail space. For more details regarding site selection criteria, visit the following link to the Manitoba Hydro web site: www.hydro.mb.ca/issues/downtown_site_selection.shtml.
The second major component for the downtown project was identified on February 18, 2004 when Manitoba Hydro announced the architectural team of Kuwabara Payne McKenna Blumberg (KPMB) Architects of Toronto as Design Architects from the list of finalists from around the world to design the new office building. Smith Carter Architects and Engineers Incorporated of Winnipeg will act as the Architect of Record to provide local expertise, design and production support to KPMB. The rest of the design team should be in place by the end of March 2004 according to Hydro's projected timeline,which can also be found on their web site.
If all continues along the straight and narrow path that the company has put forth, we should expect to see approximately 2000 Hydro employees gracing the selected block on Portage Avenue sometime in the targeted 2006. This would easily honour the deadline set in the 2002 deal that saw Manitoba Hydro purchase Winnipeg Hydro on the promise to build a new 400,000 square foot downtown headquarters by 2007. The new headquarters will feature state-of-the-art energy efficient and cost-effective construction making it not only a healthy and effective contemporary office environment for its own employees but also a leader in sustainable and green building design that benefits the community and limits its environmental impact.
The remainder of 2004 should project the unveiling of design concepts later in the year and construction anticipated to commence by the end of this year. The foreseen date for commissioning and occupancy is sometime in 2006. Go to Manitoba Hydro's web site for more details and to see firsthand how much environmental thought was considered in the project's design, http://www.hydro.mb.ca/issues/downtown_home.shtml .
(by Jackie Petrus, WCA, Construction News Reporter)