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Covid-19 Construction Site Re-Opening Guide

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Advice from Petrela, Winter, Bonding & Risk Advisors

As lockdown restrictions are eased across the country and construction projects that were previously shut down are restarted, contractors will face a host of issues and risks in effectively managing project resumption.
As a follow up to our earlier publication on “Managing Temporary Project Suspensions”, this article is intended to provide a summary of some of the key issues for contractors to consider in order to help manage the unusual circumstances of reopening a construction site during Covid-19.

Read the full article here

#Lunchbox Challenge

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The BCA Launches the #LunchBox Challenge to our members!!

This initiative is trending across our country and we invite BCA members to participate in the #LunchBox Challenge.

The idea of the #LunchBoxChallenge is simple: construction companies buy lunches locally for their site (or sites) and nominate another company to do the same.

It all starts with one member willing to accept the challenge, then nominate another member to do the same, and so on and so on.

Remember this initiative is a great way to thank the hard working crews as well as support our communities’ small local restaurants.

A list of some of the restaurants open for lunch delivery can be found HERE.

 

 

Still, there are additional measures to consider with ordering lunches for sites.

The measures shared include:

• Ordering lunches that can be individually wrapped – do not order family-style meals that require individuals to serve themselves from large containers;
• Asking the restaurants to include any condiments, cutlery and napkins in the individually packed lunches – do not share condiment bottles;
• Maintaining physical distancing while individuals collect their meals – six feet apart at all times; and
• Sanitizing common surfaces before food is delivered and as needed during distribution to reduce potential cross-contamination.

For more information or to challenge a member, contact Alison Smith at alisonsmith@barrieca.com

The BCA will be sure to share all of your LunchBox challenges!

The BCA will start the challenge by ordering lunch for the staff on Friday May 22nd and we challenge Brian Westermann of Brian’s Little Electric!!

 

Covid-19 Frequently Asked Questions

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COVID-19 Frequently Asked Questions to Assist Employers

Updated: April 21, 2020

As the 2019 novel coronavirus (COVID-19) continues to spread around the globe, employers need to know their legal rights and obligations as it relates to the Canadian workplace.

The following are some of the most pressing Frequently Asked Questions.

We have organized this Briefing Note in Sections. Most Sections apply to all or the vast majority of businesses. In addition, we have included Sections that provide further information for selectindustries such as Construction and Healthcare.

Please Note: Information changes daily (sometimes within a day), including the details of the various government initiatives, announcements and regulations. As such, it is important to
carefully review each updated Briefing Note to ensure you are aware of current information. Some content in older Briefing Notes may no longer be accurate.

If you have questions or need assistance, please contact your Sherrard Kuzz LLP lawyer or, if you are not yet a Sherrard Kuzz LLP client, our firm at info@sherrardkuzz.com with the
re: line: COVID-19. We’ll respond promptly.

Frequently Asked Questions

Construction Act to be Exempt From Order Suspending Limitation Period

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Rob Kennaley April 10, 2020

Construction Act to Be Exempt From Order Suspending Limitation Period

Regulation 73/20, issued under Ontario’s Emergency Management and Civil Protection Act, ordered statutory limitation periods suspended as of March 16, 2020, for the duration of the COVID-19 state of emergency. A significant concern was that, if the Order were to apply to construction lien expiry timeframes, holdback funds would have to be retained from contractors and subtrades for the duration of the emergency, and beyond.
The stakes, of course, were high. In response to concerns raised both formally and informally, Ontario’s Attorney General, Doug Downey, announced yesterday that Regulation 73/20 would be amended to expressly remove the “procedural time periods under the Construction Act” from the scope of the prior Order, effective April 16, 2020. Significantly, the announcement is that all “limitation periods and procedural time periods under the Construction Act” be excluded from the Order’s operation. Although at the time of writing the actual amending Regulation has not been posted for public access, this will have significant consequences for those who participate in construction in Ontario.

Kennaley Law and Sherrard Kuzz LLP are hosting free webinars every Tuesday morning at 9am to review changes made to the construction industry due to Covid-19.  You can register for the webinars at www.kennaley.ca and click on Our Webinars tab.

 

Read the full Kennaley Law article

What Construction Can Continue in Ontario after April 4, 2020?

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On April 3, 2020, the Government of Ontario revised its Order in relation to
essential services passed under s. 7.0.1 of the Emergency Management and
Civil Protection Act, R.S.O. 1990, c. E9 . The Order provides that, as of April
4, 2020 at midnight, a limited scope of construction projects will be allowed to
proceed in Ontario. In announcing the changes, Premier Ford advised that,
towards ensuring compliance, the Ministry of Labour would put ongoing
construction under extremely high scrutiny.
Yet it appears, however, that the revised Order is in some ways no clearer
than its predecessor as regards what construction activities can, and cannot
continue. We do not mean to be critical when we say this. It is incredibly
difficult to draft generally applicable language to surgically draw the line in
an almost infinite number of scenarios. It is even harder when the goal is to
both protect health and safety and meet the essential needs of the public.
Our goal in this article is to simply point out, and discuss, the “grey-areas”.

Read the full Kennaley Law article

Covid-19 Essential Services List

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Overview

On March 17, 2020 the Province of Ontario, pursuant to an Order-in-Cabinet, invoked its powers under the Emergency Management and Civil Protection Act (EMCPA) to declare a state of emergency in Ontario due to COVID-19. Pursuant to section 7.02(4)5.of the EMPCA Cabinet has the power to Order the

Closing [of] any place, whether public or private, including any business, office, school, hospital or other establishment or institution.

On that same day, the Government of Ontario released lists of both essential and non-essential businesses and business activities. All non-essential businesses were ordered to shut down.

Under the original order most projects in the construction industry, including all of those in the industrial, commercial and institutional (ICI) and residential sectors were deemed essential and exempt from closure.

On Friday, April 3, 2020, the Province announced that it had revised the list of businesses and business activities deemed to be essential. As it pertains to the construction industry, the following business activities remain essential and therefore exempt from closure:

Continue reading the CCPartners article

Construction Has Been Ordered Substantially Shut Down in Ontario

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Who bears the costs of delay, and what might those be?

As of April 4, 2020, at midnight, only a very limited scope of construction projects will be allowed to proceed in Ontario. This, due to an Order passed by the Government of Ontario (the “COVID-19 Order”). In this article we will review the contractual consequences of this province wide, government ordered, shut down.

As we have reiterated before, the starting point is the contract or subcontract between the parties. We will address the issue from the perspective of the Owner/Contractor relationship, although our comments apply to every rung of the construction ladder. Subcontractors and suppliers should consider whether they are governed by the prime contract or other subcontracts above them, in determining what provisions apply to their circumstance.

Read the full article from Kennaley Law

Wage Subsidy Update April 1

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UPDATE COVID-19: FEDERAL GOVERNMENT ANNOUNCES NEW CANADA EMERGENCY WAGE SUBSIDY FOR EMPLOYERS – NOW WITH MORE (BUT NOT ALL) DETAILS

Last week the government of Canada announced that it will offer a wage subsidy of up to 75% for qualifying businesses, backdated to March 15, 2020.  You can read CCPartners’ blog on that announcement here.  At first we thought this was a substantial increase from the 10% federal wage subsidy for small businesses introduced previously, and a welcome expansion to the previously announced subsidy only for small and medium businesses (undefined).  However, it now appears that the Canada Emergency Wage Subsidy is an additional subsidy accessible for employers.  Some details remain unannounced, but now we have somewhat of a clearer picture – pending legislation actually being passed.

Here is what we know as of April 1, 2020:  Click here to read more on the CCPartners website