First Bill C-45 Charges Resolved

The first health and safety related criminal negligence causing death case as a result of the passing of Bill C-45 was recently resolved in an Ontario court of law. In August 2004, construction supervisor Domenico Fantini was charged under Bill C-45 with criminal negligence causing death as a result of his role as the supervisor of two employees who were repairing a drainage problem in the foundation of a house on April 19, 2004 in the township of King, Ontario. The trench collapsed while the workers were in it, killing one of them.

A plead of guilty on three counts of “failing as an employer to ensure the measures and procedures prescribed are carried out in the workplace”, as per section 25.1.C of the Occupational Health and Safety Act was entered on behalf of the defendant, Mr Fantini. In exchange for this plea, the criminal charges were dropped and Mr Fantini received a fine of $50,000. Upon sentencing, the judge stated that a corporate defendant would have received a much greater fine. Mr Fantini, a small contractor with over thirty years of experience, had no prior health and safety or criminal convictions

The decision to charge Mr. Fantini should be a cause of concern to “front-line” managers and supervisors. When accidents occur that result in the death of a worker, it may well be that the police investigating the matter will focus on whoever was in charge of the situation. In most cases, that will not be executives or directors, but the supervisor. Presumably, where more systemic issues exist, the focus will shift to the management of the company.

Mr Fantini's lawyer, Mr De Rubeis, expressed that Bill C-45 is intended for the prosecution of larger corporations who may cut corners for profit while endangering the lives of their employees. He emphasized that consistent documentation is critical for a good defence and recommends that a safety consultant be hired to review the company's health and safety program when charged for a serious occupational health and safety offence.

Bill C-45 was 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.

Bill C-45 introduced amendments to the Criminal Code that amended the definition of "everyone" and "person" to include "an organization". It also established 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.

A Plain Language Guide to Bill C-45 is available on the Government of Canada's Department of Justice Web site at: www.canada.justice.gc.ca/en/dept/pub/c45/index.html.

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Wanted: Work Experience

"First Nations Construction Technology Program" Grads

In the first week of June 2005, fifteen individuals will graduate from the WCA sponsored First Nations Construction Technology Program. Upon completion of the program, each grad is seeking a six-week work experience opportunity, particularly one that could lead to long-term employment. The graduates of this thirty-six week program are trained in carpentry, electrical, plumbing and welding.

Companies who are interested in providing an opportunity for a graduate should contact Eva Wilson-Fontaine of Anishinabek Consultants Inc for more specific information by telephone at 334-9395 or by email at evawilson@shawbiz.ca.

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CCA News for March 2005

New CCDC Documents

On behalf of CCA, WCA is offering two new CCDC documents:

CCDC 23: “A Guide to Calling Bids and Awarding Construction Contracts,” (Published in February 2005) and CCDC 40: “Rules for Mediation and Arbitration of Construction Disputes.” (CCDC 40 has been revised and the new version supersedes the old).

CCDC 10 “Stipulated Price Bid Form” (hardcopy and electronic version) has been withdrawn and is replaced by CCDC 23; refer to the model forms and explanatory notes within the new document. Remaining CCDC 10 hardcopy docs can still be used but new documents can no longer be acquired from CCA. Seals for the electronic version of CCDC 10 can no longer be obtained from CCA. CCDC 23 documents do not require seals.

CCDC 23 refers to all aspects of the bid calling and contract award process including Principles of the Law of Competitive Bidding, Preparing the Bid Documents, Calling for Bids, Receiving Bids, Contract Award, and Model Bid Forms and Supplements.

CCDC 23's recommended practices reflect the broad consensus of Canadian Construction industry participants, including Owners and Consultants, and are intended to apply to any public or private sector project, large or small. The recommended “best practices” in CCDC 23 are intended to minimize the potential for costly misunderstandings, disputes, delays and other difficulties associated when procuring construction services by means of a competitive bidding process. It focuses primarily on the “lowest bid” selection method as well as other methods such as "negotiation" and “best value” selection.

The hardcopy versions of these documents are now ready to order through Winnipeg Construction Association. WCA does have some remaining CCDC 10 hardcopy docs and seals for the electronic version of CCDC 10. 

Also, CCDC 2's revision is now complete and publication is pending on the endorsement by CCA and other constituent organizations; and may be published by Summer 2005 at the earliest. Upon release of the new CCDC 2, all contract forms will only be available in electronic format; guides will be published in both hardcopy and electronic format.

For more information, contact CCA's Eric Lee at ericlee@cca-acc.com or tel: (613) 236-9455 ext 416.

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CCA Creates On-Line “Green Building Resource Centre”

With the growing volume of information available on the topic of green buildings, CCA has created a “one stop shopping” page on its website which provides links to a number of green building related websites. The website contains links to information on green building rating systems, design and construction practices, training opportunities, and perhaps most important, information on federal government financial incentives available to designers and owners to help underwrite the costs of green building activities.

This Green Building Resource Centre will be updated on a continual basis as more information becomes available on-line. In order to access this Centre, visit the webpage at: www.cca-acc.com/greenbuilding. As interest in the concept of green buildings expands, we expect that this site will continue to grow quickly.

Canadian Design-Build Award of Excellence

The Canadian Design-Build Institute (CDBI) is pleased to announce its 3rd annual Design-Build Awards. The Deadline for submissions has been extended to April 1, 2005. For a complete look at the competition requirements and the terms of reference please visit the CDBI web site at www.cdbi.org.

(The above is courtesy of Canadian Construction Association, "CCA News", Issue #68 March 2005, 400-75 Albert St., Ottawa, ON K1P 5E7, Tel: (613) 236-9455, Fax: (613) 236-9526, www.cca-acc.com).

WCA News

Announcements

WCA recently hired Kristin Froese for the position of Administration Assistant for the term of Holly Waytiuk's leave. We are very happy to have Kristin on board and welcome her to the WCA team.

Congratulations to Holly Waytiuk and her husband Kelly on the birth of their son, Alexander, born March 15, 2005. Alexander weighed 6 lbs, 15 oz and we are happy to report that all parties are doing well. On behalf of WCA and its members, we wish the new family much happiness and prosperity.

WCA Membership & Education News

Skills Manitoba

On April 14, 2005, Red River College will once again be the site for the Skills Canada – Manitoba Competition. Winnipeg Construction Association will be organizing the Carpentry and Cabinetry Competition.

WCA will also be recruiting judges, providing building materials and presenting prize money. All donations received from members toward the bursary, materials, and prize money are greatly appreciated for this worthy cause of promoting the construction industry to the youth of today. (All participants are high school students.)

The top three competitors in each category will receive a bursary which is presented at the end of this day-long competition. Successful competitors can go on to national level competition. Every student that has participated in this event has gone on to a successful career in our industry.

Skills Canada - Manitoba - is a non-profit organization that brings students, employers, and educators together with a goal to develop a skilled and technical workforce, and to improve the public perception of trade based careers.

If interested in making a donation, please follow this link to the: Skills Canada - Manitoba High School Building Competition.

*Stay tuned to "WCA Education News", updated on a timely basis; containing new and current course and seminar information. For further information please visit our website address:  www.wpgca.com and click on "Current Events" or call Kelly at the WCA office at (204) 775-8664.

Consulting Engineers of Manitoba

2005 Awards of Excellence

On April 14, 2005, the Consulting Engineers of Manitoba (CEM) will hold the sixth annual evening of Manitoba Awards of Excellence in consulting engineering at the Winnipeg Convention Centre. Winnipeg Construction Association is proud to be a major sponsor of this industry event.

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Edited by Jackie Petrus, WCA Construction News Reporter.

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