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Changing Workplaces Review and Bill 148

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Executive Summary and Commentary – Sherrard Kuzz LLP, Employment & Labour Lawyers – June 2017

In February 2015, the Government of Ontario announced it would review issues and trends affecting workers and employers in the modern workplace. Two Special Advisors were appointed to lead public consultations: C. Michael Mitchell, formerly of Sack Goldblatt Mitchell LLP, and the Honourable John C. Murray, former justice of the Ontario Superior Court and prominent management labour lawyer.

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A Summary of Bill 142

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Bill 142 – An Act to Amend the Construction Lien Act

On May 31, 2017, Bill 142 – An Act to Amend the Construction Lien Act – passed first reading in the Ontario Legislative Assembly. With some notable exceptions pertaining to liens, Bill 142 implements the recommendations made by Bruce Reynolds and Sharon Vogel in their report released in September 2016.

Read the full summary as prepared by Ted Dreyer, Construction Lawyer and Chair of the Construction Lien Task Force of the Council of Ontario Construction Association.

Construction Law Reform

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Announcement from Attorney General Yasir Naqvi:

I am pleased to announce that today our government introduced new reforms to Ontario’s construction laws.

Over the past year, we have been working with industry experts and stakeholders to make sure our proposed changes are practical, workable and address the needs of the industry.  Our new legislation, if passed, would introduce rules to ensure Ontario construction workers get paid, on time, for the work they do, and make the dispute resolution process faster and simpler.

Attached please find the following documents, which are now available on Ontario’s Newsroom:

News Release:

EN: http://news.ontario.ca/mag/en/2017/05/modernizing-ontarios-construction-laws.html
FR: http://news.ontario.ca/mag/fr/2017/05/modernisation-des-lois-dans-le-secteur-de-la-construction-de-lontario.html

 

Backgrounder:

EN: http://news.ontario.ca/mag/en/2017/05/proposed-updates-to-the-construction-lien-act.html
FR: http://news.ontario.ca/mag/fr/2017/05/modifications-proposees-a-la-loi-sur-le-privilege-dans-lindustrie-de-la-construction.html

In the next couple of days, you will be able to review the full text of the bill on the Legislative Assembly of Ontario’s website, here: http://www.ontla.on.ca/lao/en/bills/.  The bill will proceed through the normal course, with the opportunity for public participation at committee hearings. I am interested in hearing your feedback about the proposed legislation, and will provide more information in the coming months regarding stakeholder engagement in the legislative process.

Strengthening Ontario’s construction laws is part of our government’s plan to create jobs and help people in their everyday lives.

I look forward to continuing to work with you to ensure our construction sector prospers and drives our economy forward.

Yasir Naqvi

Attorney General of Ontario

BCA Attends Welcome to Construction Season at Queen’s Park

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From the desk of Alison Smith, Executive Director

BCA Board Director, Scott Garrett and I attended COCA’s annual Welcome to Construction Season Reception at Queen’s Park – this is an opportunity to keep our industry, organization, and issues top of mind with government officials.  The Welcome to Construction Season Reception is one of COCA’s most successful and highly anticipated annual events. A very encouraging announcement was made by the Attorney General:

 AG Confirms Introduction of CLA Reform Bill at COCA Reception

Most readers will know that the Council of Ontario Construction Associations (COCA) has been lobbying for Construction Lien Act reform for more than 20 years and for prompt payment legislation since 2011.  A giant step forward was made when the government engaged Bruce Reynolds and Sharon Vogel to conduct a review of the Construction Lien Act and to consider the chronic issues of delayed payment that are endemic in the construction industry.

Another giant step was made when the Reynolds-Vogel Report was made public on June 26, 2016.  Their report presented 100 recommendations to modernize the Construction Lien Act, introduce a quick “real time” dispute resolution system for project disputes and introduce a prompt payment regime.   Legislative Counsel in the Ministry of the Attorney General has been busy ever since, translating those recommendations into a Bill, receiving practical advice and guidance from Reynolds, Vogel and the panel of industry experts they used as part of their review.

At COCA’s Annual Welcome to Construction Season Reception at Queen’s Park, in his keynote address Attorney General and Government House Leader Yasir Naqvi stated that “unless something totally unexpected occurs, the Bill will be introduced for first reading before the Legislature rises for its summer recess on June 1st”..

He went on to say that he would make every effort to move the Bill through the legislative process to become law before the end of the fall 2018 session.

In their remarks following the Attorney General’s address, both Progressive Conservative MPP Monte McNaughton and New Democratic Party MPP Paul Miller gave words of support.

Click here to read COCA’s Construction in Ontario Newsletter

Huronia Alarms acquires Peerless Security & Muskoka Fire Protection Services Limited

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Peerless Security & Muskoka Fire Protection Services Limited is the leading security, monitoring, fire installation, and service provider in the Muskoka, Parry Sound and Haliburton regions. This acquisition will solidify Huronia’s presence in the Muskoka, Parry Sound and Haliburton markets, further propelling the growth of their product and service offerings in this region.

Read the full press release here.

Press Release_Huronia acquires Peerless Security_Rob Thorburn Jr and Doug Spiller_05102017 - Copy

Ride for Cancer – June 17, 2017

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Help us to raise as much money as possible by getting pledges!  Click here to access the pledge form – every dollar counts!  Thank you!

Thank you to these companies for their sponsorship:

Lunch: Eagle Construction Services

T-Shirt:  Atlas Dewatering, Brian’s Little Electric, Cambium Inc., Chalmers Construction, Corix Water Products, Currie Heavy Towing, Duivenvoorden Haulage, Eisses Brothers Excavating, Georgian Chevrolet Buick GMC, Hardship Acres Landscaping, John Eek & Sons, Lafarge Canada, MAK Mechanical, Midhurst Roofing, Plumbtech Plumbing, Positano Paving, Rutherford Contracting, Sarjeant HUB International, SDS – Safety Design Strategies, Simcoe Building Centre, Sky High Roofing & Sheet Metal, Steel Tile Co.

To learn how you can become a T-shirt Sponsor email info@barrieca.com

 Click to view the map for this year’s ride!  Route Map

Pre-registration is available at www.rideforcancer.ca

Poster Final 2017 8.5x11  copy

Working at Heights Training Extension FAQ

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Training Requirements on Construction Projects
What are the Ministry of Labour’s requirements for working at heights training?
The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) requires employers to ensure that workers on construction projects successfully complete a working at heights training program if they may use specified methods of fall protection.
The program must be approved by the Chief Prevention Officer (CPO) and must be delivered by a training provider approved by the CPO.
The working at heights training requirements apply to the employers of workers on construction projects who are required by O. Reg. 213/91 (Construction Projects Regulation) to use any of the following methods of fall protection:
 travel restraint system
 fall restricting system
 fall arrest system
 safety net
 work belt
 safety belt
This training requirement is in addition to existing training requirements for workers who use fall protection systems on construction projects, as set out in the Construction Projects Regulation (O. Reg. 213/91).

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