Skills Pass and the Ministry of Labour are Live

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On March 4th, 2019 the Ministry of Labour has officially launched with SkillsPass for Working at Heights (WAH) and Joint Health and Safety Committee (JHSC) Certification training records. The database is called the Certification Management System (CMS) and it is powered by SkillsPass. The database is secure, meeting Ontario Government strict standards for privacy and security.

As a result of these changes, the Ministry of Labour is no longer printing and mailing CPO training cards as they now will be delivered electronically using SkillsPass.

Watch the video here

For more details on Skills Pass, click here

2019 BCA Member Directory

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The Barrie Construction Association Member Directory is an annual publication that lists all BCA member companies.  It is distributed to all members as well as key individuals in purchasing departments throughout Simcoe County and beyond.

This handy guide lists all members alphabetically and by division.  Advertisements are placed within your divisional category making your company stand out above the rest! Don’t miss out on the opportunity to showcase yourself to over 350 members and procurement professionals in our region! Click on the price links below to purchase ad space.

Full Page Advertisement (4.75″ x 7.5″)

  1. Colour – $350 + HST

  2. Black & White – $250 + HST

Half Page Advertisement (4.75″ x 3.5″)

  1. Colour – $225 + HST

  2. Black & White – $200 + HST

Business Card Size Advertisement (4.75″ X 1.75″)

    1. Colour – $175 + HST

  1. Black & White – $150 + HST


Artwork must be submitted by February 15, 2019.  Formats accepted are JPEG, PDF and TIFF.

Changes can be made to existing artwork.  The fee starts at $50 but may be higher depending on the scope of work.  Details can be discussed with Bryony prior to confirming ad placement in the 2019 edition.

All new ads will be charged a one time set up fee of $30 + HST

For further details, please contact Bryony at


Can a Construction Trust be Trusted?

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The Guarantee is pleased to announce a landmark decision by the Ontario Court of Appeal affecting the entire construction industry.

On January 14, 2019, the Ontario Court of Appeal released a unanimous 5-panel decision in the case of The Guarantee Company of North America v. Royal Bank of Canada, 2019 ONCA 9 providing much needed clarity on the interaction between the trust provisions of the Construction Lien Act in Ontario and the Bankruptcy and Insolvency Act. This decision confirms that the statutory trust created by the Construction Lien Act in Ontario is not in conflict with the provisions of the Bankruptcy and Insolvency Act and remains effective through insolvency protecting those trust funds for the benefit of trust claimants and not for distribution to creditors.

Across Canada, the entire construction industry is focusing on implementing prompt payment and adjudication changes to ensure subcontractors and suppliers down the construction pyramid are paid, and paid promptly, for work performed. The intent of the new legislation is a major step forward, but by itself does not address how subcontractors and suppliers are paid when a contractor becomes insolvent. Historically, if a contractor goes bankrupt, subcontractors and suppliers have found themselves in a dispute with other creditors claiming entitlement to statutory trust funds. These disputes can be costly to argue and take a considerable amount of time to resolve.      

“This decision is a significant win for subcontractors and suppliers that have trust rights and for the surety industry.  It is the result of a tremendous amount of effort and energy, and my team and I are pleased to have led such an important initiative,” says Tara Wishart, VP of Claims, Toronto Branch. “This ruling reinforces our IONA decision in providing the legal clarity needed to protect construction trust funds from being collected as property under the BIA and ending up in the hands of secured creditors.”

For The Guarantee Company of North America, this is the second decision that supports the argument that trust funds set out under provincial lien legislation should flow to subcontractors and suppliers.  The previous decision was set out of the Alberta Court of Appeal, in Iona Contractors Ltd. v. The Guarantee Company of North America, 2015 ABCA 240 (leave to appeal to the Supreme Court of Canada denied).

Matthew B. Lerner and Scott M. J. Rollwagen of Lenczner Slaght Royce Smith Griffin LLP represented the Guarantee at the Appeal hearing.
Please note that it is unclear, at this time whether The Royal Bank of Canada intends to apply for leave to the Supreme Court of Canada.

To view the full ruling, please visit:

Executive Director Year End Message

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Making memories at this time of the year has always been a source of joy to me. From the time I was a very little girl my Mum was always “Mrs. Christmas”. Not a square inch of our tiny condominium in Scarborough was unadorned. Even the front door was wrapped up like a huge present! Some traditions I have kept up and some replaced with my own style when I moved out on my own, but the memories created are always the same. Family first.

I would like to extend to our many members, friends and colleagues in the industry the wish for the happiest of Christmases. May you enjoy great feasts, family gatherings (always ending with a sing-along if you’re Scottish!) and a prosperous and active New Year.

The coming year holds many new opportunities, and also some challenges, but your board of directors and staff are committed to improving the lives of our members and all areas of our industry.

I hope you all have the opportunity to engage in some of the remarkable activities our region has to offer over the holidays; Shop at many downtown boutiques on Dunlop Street, Shop.Dine.Unwind. at Park Place, Barrie Farmers Market at City Hall (Saturdays 8 am to noon), Snow Tube, Cross Country or downhill Ski at Snow Valley, Hardwood Hills and Blue Mountain, Ice Skating at City Hall and Ice Fishing on Kempenfelt Bay.

Hopefully we can all keep the commerce of Christmas in our own backyard!

I would like to take this opportunity to offer my sincere thanks to the many volunteers, board of directors and my staff for their dedication to all things BCA. I wish them and all of you a very Merry Christmas and a Happy New Year!


New Amendments to the Construction Act

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Ministry of the Attorney General Office

We are writing to advise you that as part of Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, introduced on November 15, 2018, the government has proposed a series of technical amendments to the Construction Act (the “Act”), which are set out in Schedule 8:

The amendments would, if passed, support the changes previously enacted and ensure that they work effectively.

Proposed Amendments

Bill 142, Construction Lien Amendment Act, 2017 was enacted in December 2017. It amended the Act to:


  • Modernize the construction lien and holdback rules (effective July 1, 2018); and
  • Establish prompt payment and adjudication processes (scheduled to take effect on October 1, 2019).

The Ministry of the Attorney General worked closely with construction experts Bruce Reynolds and Sharon Vogel, as well as an Advisory Group made up of experts in key industry sectors, to develop the previous amending legislation and related regulations.

The ministry has continued to communicate with stakeholders and the experts as the construction industry prepares for the full implementation of the amended Act. During recent consultations with Mr. Reynolds, Ms. Vogel, and the expert Advisory Group, the experts recommended a number of additional amendments to address technical gaps, provide clarity, and ensure that the benefits of the new processes under the Act are realized.

Based on these recommendations, Schedule 8 to the Restoring Trust, Transparency and Accountability Act, 2018 would, if passed, amend the Construction Act to:


  • Revise and clarify the transition rules, including (but not limited to):

o   Clarifying that if an improvement is subject to the “old” (pre-July 1, 2018) Act, it is also subject to the old regulations, including forms;

o   Changing the current transition rule related to leasehold interests by providing that the existence of a leasehold interest is not relevant to the transition rules, subject to a narrow exception;

o   Setting out a specific transition rule for the amendments related to liens against municipalities;

o   Ensuring that the transition rule for prompt payment and adjudication addresses the commencement of a procurement process;

  • Revise and clarify the procedural rules for adjudication;
  • Clarify the fees that may be charged by the Authorized Nominating Authority; and
  • Make other technical and housekeeping amendments.

Please review the full text of Schedule 8 for complete details of the proposed amendments to the transition rules, as well as the other proposed amendments.

If the proposed amendments are passed, their implementation would be tied to the existing implementation timelines for the previous amendments. Therefore, the amendments related to the “modernization” changes to the Act would come into force upon Royal Assent, since the modernization amendments took effect on July 1, 2018. The amendments related to prompt payment, adjudication and liens against municipalities would come into force when the previous amendments to which they relate come into force (scheduled for October 1, 2019).

Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 will proceed through the normal course, with an opportunity for debate and a vote by members of the House.

The ministry would like to acknowledge and thank Mr. Reynolds, Ms. Vogel, and the Advisory Group, whose expert feedback and recommendations were critical to the development of the proposed amendments.

Ministry of the Attorney General

City of Barrie November Building Bulletin

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On behalf of the Development Services Division of the Finance Department, this Bulletin clarifies the
existing Development Charges By-law 2014-108 regarding the addition of dwelling units to existing
residential buildings.
No development charge shall be imposed where the only effect on an action is to:
a. Permit the creation of one or two additional dwelling units within an existing single detached
dwelling, provided that the total gross floor area (as defined in the Development Charges By-law)
of the additional one or two units does not exceed the gross floor area of the existing dwelling
b. Permit one additional dwelling unit in any semi-detached dwelling or row dwelling, provided that
the gross floor area of the additional unit does not exceed the gross floor area of the existing
dwelling unit.
c. Permit one additional dwelling unit in any other existing residential building, provided that the total
gross floor area of the additional unit is less than the gross floor area of the smallest dwelling
units contained in the said residential building.
The exemption to development charges shall only apply to the first instance of intensification in an
existing dwelling. The addition of a second suite is considered intensification.
If one or more dwelling units are being added to an existing building, only one building permit application
is required and will be subject to the conditions above to determine if an exemption will be applied.
If you have questions or require clarification, please email:

Kim Cunningham
Deputy Chief Building Official

Ontario’s New Police Record Check Legislation

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Check It Out! Ontario’s Police Record Check Legislation Comes into Force November 1, 2018

In the first quarter of 2016 we wrote about the Police Record Checks Reform Act, 2015 (the “Police Record Checks Act”) – new legislation to standardize the process by which police record checks are requested, conducted and obtained in Ontario. Although the Police Record Checks Act was passed and received Royal Assent on December 3, 2015, it lay dormant waiting to be proclaimed into force. On November 1, 2018, after almost three years, the legislation will finally be proclaimed into force.

Read the full bulletin here

Making Ontario Open for Business Act

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Making Ontario Open For Business Act Executive Summary
October 2018

In 2017, Ontario’s Liberal Government introduced and passed Bill 148, referred to as the “Fair Workplaces, Better Jobs Act, 2017” (“Bill 148”). Controversial on many fronts, Bill 148 made sweeping changing to Ontario’s employment and labour landscape.

This week, Ontario’s Conservative Government under Premier Ford introduced Bill 47, the Making Ontario Open For Business Act, 2018 (“Bill 47”) which, when passed, will in large part return Ontario’s employment and labour laws to their pre-Bill 148 status, with some exceptions. Changes are also proposed to the province’s apprenticeship system and it appears the College of Trades will be wound down.

We expect to see Bill 47 move through the Legislature quickly. If passed in their present form, the amendments to the Employment Standards Act, 2000 (“ESA”) will take effect on the later of January 1, 2019 and the date of Royal Assent. The amendments to the Labour Relations Act, 1995 (“LRA”) will come into force on the date of Royal Assent.
We have prepared the following Executive Summary of key proposed amendments together with our Firm’s brief commentary. By and large, the proposed amendments are welcome news for Ontario employers.


Read the Council of Ontario Construction Association’s reaction to the Government’s announcement.

Full Press Release