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Seismic Change Comes Yet Again to Construction in Ontario: A Series of Articles and Seminars on the Good, the Bad and the Ugly of Soon to be Implemented Construction Act Changes

By news

Rob Kennaley
February 26, 2025

Bill 216 – An Act to implement Budget measures and to enact and amend various statutes was passed into law on November 7, 2024, as part of an “omnibus” bill which contained amendments to 17 pieces of Ontario legislation. It will change Ontario’s Construction Act in significant ways and of the changes will be controversial. They were made further to recommendations made by Duncan Glaholt, a very well-known construction lawyer, arbitrator and author, in his 110 page Report, The 2024 Independent Review: Updating the Construction Act. While the Report most often summarized the views of various stakeholders Mr. Glaholt had consulted with, it did not propose actual legislative language for the changes.

The changes will come into force on a future date “to be named by proclamation”. In the meantime, Mr. Glaholt and others are also working on changes to the Regulations passed under the Act, which will introduce even further changes.

To put the changes in context, by way of the Construction Lien Act Amendment Act, 2017 1 , the name of the Construction Lien Act was changed to the Construction Act, lien expiry triggers and time-frames were changed, holdback provisions were significantly altered and sweeping new prompt payment and adjudication provisions were introduced. The changes were made further to recommendations made by Bruce Reynolds and Sharon Vogel in their Report, Striking the Balance: Expert Review of Ontario’s Construction Lien Act 2. It was

1 SO 2017, C24
2 Report Prepared for the Ministry of the Attorney General and the Ministry of Economic Development, Employment and Infrastructure, Delivered April 30, 2016)further to a Reynolds and Vogel recommendation that Mr. Glaholt was retained to further review the Act.

Curiously, Bill 216 passed first reading in Ontario’s Legislative Assembly without debate on the same day Mr. Glaholt released his Report. Within a week, it had passed second and third reading and received Royal Assent, all without comment or debate about the Construction Act portions. The Act’s amendments were thus presented to the Legislature and passed into law before stakeholders had any opportunity to review or comment on whether the Report or the actual wording of the legislative changes. In addition, it does not appear that some of the more significant changes were discussed with stakeholders.

Continue reading the full Kennaley Construction Law report here

Senior ICI Construction Project Manager Position Available

By job-posting

We are looking for an experienced ICI Construction Project Manager to oversee a wide range of projects from start to finish. Projects could range from various Government Institutions, including municipal Government, Military Facilities, Hospitals, Penitentiaries. The Project Manager must be able to obtain the necessary security clearance for site access. Travel across Ontario will be required with expenses paid.

Experience Required:

– Managing ICI Construction projects with values from $500,000 to over $10,000,000
-Minimum five to ten years in the role of Project Coordinator and/or Project Manager
-Must have the ability to adapt & learn in changing environment
-Extensive knowledge in construction methodologies & procedures
-Able to coordinate different disciplines & be a team player
-Managing several individual projects in various stages of construction from time of award, deficiency, warranty completion & closeout
-Strategic planning including conflict resolution, risk management & change management
-Leadership skills a must, be able to provide guidance, clear instruction & motivation

Responsibilities:

-Strictly adhere to project specification requirements while ensuring the project is completed on time & in an efficient manner and with maximum profitability
-Organize & oversee all construction procedures in conjunction with the Site Superintendent & Senior Management
-Obtain permits and licenses from appropriate building authorities
-Control needed resources (manpower, equipment, materials) from start to finish while following budgetary limitations & opportunities
-Participate in meetings with clients, consultant & sub-trade contractors
-Support & direct the entire project team including Site Superintendent Project Coordinator, workforce, trade contractors, suppliers etc.
-Creating & managing project schedule to ensure project milestones are met & timely completion of project
-Budget control, invoice approvals & progress draw applications
-Reliability & punctuality a MUST

This is a permanent full time, in office only (no remote or hybrid option) located in Orillia. We thank all who apply, however only those selected for an interview will be contacted.
Please email cover letter & resume to christy@quinan.ca

Senior ICI Estimator, Quantity Surveyor Position Available

By job-posting

As part of our estimating team, you will have 5-10 years estimating experience and will be responsible for evaluating and completing full cost estimates within the ICI sector ranging upward to 10M. Continually communication with prospective project subtrades and suppliers leading up to the tender closings will allow for a collaborative effort with Senior Management for a successful closing. Post tender efforts will include procuring all subtrades and working with our project management division to assure a smooth project start through to completion. Knowledge of Canadian and Provincial building practices required. Experience working at the site level would be a definite asset.

Job Description:
o Complete knowledge of construction methodologies and practices relating to all divisions to allow for efficient performance at all stages of an estimate. Civil, mechanical, electrical knowledge an asset.
o Evaluate and comprehend project specifications, drawings and addendums. Have a full understanding of CCDC 2 and relating documentation. You will assemble, analyze and maintain accurate quantities from plans and specification. You will have superior analytical skills for complete take-offs, the ability to identify and assess risk, knowledge of Industry standards, construction materials and local building codes. An ability to work to tight deadlines and multi-task all with integrity and a sense of responsibility are a must.
o Knowledge and prior successful use of MS Office, MS Project, CAD and Plan Swift required.
o Transmit addenda, spec and drawings to subcontractors and suppliers. Solicit proper coverage from subtrades and suppliers while analyzing that pricing for tender closings. You will have strong written and oral skills to communicate and coordinate with owners, architects, engineers, project management, site superintendents and other project team members to resolve or discuss matters during planning, development, negotiation and contract execution.
o Being self-motivated, creative and resourceful to better relationships and pricing through existing and future new subcontractors will form part of your day-to-day efforts. You will be required to work independently and in a professional manner. Through effective management skills, you might mentor junior estimators and other estimating staff from time to time.

Salary:
o This is a full-time, in office, permanent position in Orillia, ON., with very competitive salary (commensurate with experience), bonus structure and an optional benefits package.

Company Profile:
o Quinan Construction Limited was established in 2002 and specializes in hard bid ICI work within all division of construction. With over 90 years of collective experience in our ownership group, we consider our culture to be communicative and team based. We commit to internally qualified promoting for growth while providing stability for our employees. We are COR certified and hold high standards for the safety of all employees and subtrades, while showing pride on our winning team environment and professional approach to all maters.

Interested candidates can send their resume to christy@quinan.ca