Despite the rainy weather, we had a record breaking year for donations at the Rider for Cancer! A total of $15, 311.00 was raised for the local unit of the Canadian Cancer Society.
Thank you to committee members Scott Ward – Accu-Temp Systems, Dave Mayne – Dave’ll Do It, Bill Fligg – Spyderwebs.ca, Paul Cormier – Sunbelt Rentals, Scott Everton – Sunbelt Rentals, Mike Kubica – The Sarjeant Co and John Cuppage.
And thank you to all of the sponsors and riders for your contributions to the Rowdy Ride for Cancer, we couldn’t have done it without you!
Visit our Photo Gallery page to view all of the day’s photos.
Barrie Regional Glass
Calow Benefit Partners
Duivenvoorden Haulage Ltd.
Eisses Brothers Excavating
Georgian Commercial Fleet Centre
Hardship Acres Landscaping
John Eek & Son Ltd.
North Rock Group
OFS Fire Prevention
Patene Building Supplies
Sarjeant Hub International
SDS – Safety Design Strategies
Ontario Cutting Red Tape to Support Jobs and Growth in the Construction Industry
July 18, 2019
Changes Will Help Workers and Businesses Resolve Disputes Faster and Get Paid on Time
TORONTO — Today, Attorney General Doug Downey announced an essential next step to the full implementation of a first-in-Canada prompt payment regime to support jobs and growth in the construction industry. This regime will help cut through red tape, help create and protect jobs and attract investment to the province.
The implementation of these changes will prevent payment disputes from delaying work on construction projects, speed up the payment process and reduce time and money spent on litigation for businesses.
Following a fair and open selection process, ADR Chambers was selected as the successful candidate to serve as the Authorized Nominating Authority. This new body will oversee the adjudication process for construction disputes, including the training and qualification of adjudicators.
This adjudication system brings into force a new process that will give people and businesses a cost-effective and efficient alternative to settling payment disputes in court. Starting October 1, 2019, subject to applicable transition rules, parties to construction contracts and subcontracts will be able to receive a binding decision from an experienced construction adjudicator in approximately six weeks, a process that could take months or even years in the court system.
“Ontario is open for business and open for jobs, and our government is implementing industry-leading changes to the construction sector as part of our plan to restore the province as an economic powerhouse,” said Attorney General Downey. “The new construction adjudication system, as overseen by the Authorized Nominating Authority, will cut through the red tape that slows down the dispute resolution process – getting projects back on track and ensuring workers are paid on time.”
• The Construction Act is intended to regulate how payments are made, to help ensure that workers who have provided services or materials during a construction project are paid for their work.
• The Authorized Nominating Authority will be self-funded and operate independently of government.
• ADR Chambers has provided dispute resolution services across Canada for over 20 years.
• Ontario’s construction industry employs more than 400,000 people and accounts for nearly seven per cent of the province’s GDP.
“ADR Chambers is honoured to have been selected as the Nominating Authority for Ontario’s prompt payment framework. We look forward to drawing on our expertise and experience as we work with the Ministry of the Attorney General and the construction community to realize full implementation of this exciting endeavour.”
— Allan Stitt, President, ADR Chambers
“The appointment of the Authorized Nominating Authority is an important step in the creation of the dispute resolution system that is scheduled to be in place on October 1, 2019. We applaud our government for making this announcement and we look forward to working with the Ministry of the Attorney General and the ANA going forward.”
— Ian Cunningham, President, Council of Ontario Construction Associations
“OGCA welcomes the appointment of the ANA as the vital last step in implementing the new Construction Act. It will oversee and implement mandatory adjudication of construction disputes for the prompt payment requirements that will be in effect this October. The Construction Act is the biggest change to construction law in a generation and we require the ANA to provide quality adjudication services to ensure a smooth transition.”
— Clive Thurston, President, Ontario General Contractors Association
“Prompt Payment Ontario would like to thank the entire Ford Government for its commitment to delivering prompt payment in Ontario. The announcement of the Adjudication Nominating Authority has been highly anticipated and we are pleased that this crucial milestone has been reached. Prompt payment and the new adjudication regime will be a monumental change that will create a more positive and fair business environment in Ontario’s construction industry. PPO looks forward to the October 1st when prompt payment comes into effect.”
— Sandra Skivsky, Spokesperson, Prompt Payment Ontario
Ministry of the Attorney General
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
|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: http://www.ontariocourts.ca/decisions/2019/2019ONCA0009.htmm.
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!
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.
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
ADDITION OF DWELLING UNITS TO EXISTING BUILDINGS:
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
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
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: DevelopmentCharges@barrie.ca.
Deputy Chief Building Official
DEVELOPMENT CHARGES BY-LAW 2014-108
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.