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Advice from CCA onTariffs

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Dear colleagues,

On July 1, Canada implemented tariffs on a list of steel and aluminum products in response to a unilateral decision by the U.S. to impose its own tariffs under section 232 of the Trade Act of 1962. As we said in our press release, trade wars have negative effects on both sides of the border, and we understood that the Canadian government had to take prompt and decisive action to defend our industry and its workers.

The Canadian Construction Association (CCA) has long advocated for reciprocity and the establishment and maintenance of a free-flowing international system of trade, both in terms of goods as well as services. CCA supports international free trade agreements, including provisions respecting government procurement.

This situation has created a lot of uncertainty for our members – in terms of accurately pricing their projects and estimating timelines with concerns around shortages of material.

On August 13, the Government of Canada, in response to concerns from Canadian steel producers, initiated a short 15-day consultation period to get the industry’s reaction to potential new tariffs, quotas or combination of both on the import of steel into Canada.

This new development further creates uncertainty and risk for the industry across the country and would fundamentally alter supply chains if implemented. CCA will prepare a submission to the government. In the meantime, please share with your members how they can mitigate some of these risks.
Recommendations

For signed contracts:

  • Review your contract to determine if there are provisions that provide for price adjustment due to changes in taxes and customs duties, e.g. Conditions 10.1 of CCDC 2 ‘Stipulated Price Contract’ and CCA 1 ‘Stipulated Price Subcontract’ (“Duty Provisions”).
  • If your contract does not include such duty provisions, you may be liable for covering the increased cost. CCA urges all owners to be fair to contractors caught in this situation and give sympathetic consideration to requests for price adjustment where the contractor has been hit with cost increases that could not be reasonably foreseen.

For new contracts:

  • If the contract of a potential project does not have duty provisions, particularly if you are aware of proposed new or increased taxes and customs duties that are to be implemented, you should formally raise this to the owner and encourage the owner to include such duty provisions or address that in the bid documents.

Other considerations

  • You may want to use the general argument that you cannot anticipate new or increased taxes and customs duties and therefore the increase in cost is recoverable. This may be difficult without duty provisions as the general rule is that the contractor bears the risk of loss in a situation like this.
  • If a change, delay, or suspension in the work of an ongoing project causes delays in the purchase of materials that have escalated in price, then, in some circumstances, the contractor may be entitled to recover the increased cost.

CCA is proud to be supported by its 20,000 members and will continue to defend the industry’s best interests. In the meantime, if you have any questions about the steel and aluminum tariffs, please contact our vice-president of public affairs Rodrigue Gilbert at 613-808-7435 or rgilbert@cca-acc.com.

Regards,

 

Mary Van Buren, MBA, CAE
President
Canadian Construction Association
1900 – 275 Slater Street Ottawa ON K1P 5H9
613-236-9455, ext. 414

 

Employment Law Update – Sherrard Kuzz LLP

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Changes Coming to Minimum Pay for On Call Work

Unpredictable workflow can make scheduling a challenge. One common tool employers use to address this challenge is on-call staff: an employee remains available to be called in to work and must work if called.

The concept of on-call work is not itself problematic. Many jobs lend themselves to an on-call arrangement. Electricians, plumbers, IT professionals, doctors, and nurses are just a few examples. However, while holding oneself on standby may not be particularly onerous it is, as the Supreme Court of Canada recently noted “a period of time during which the employer exercises a degree of control over the movements and activities of [an employee].
This exercise of control benefits the employer, who might otherwise have to employ [other employees] to work [after hours] to ensure a timely response to urgent [matters]”. To address this, Bill 148 will amend the Ontario Employment Standards Act, 2000 (“ESA”) to require compensation for an on-call employee even if the employee is not called in to work.

Read the full article

BCA Board of Directors Meets with Mayor Lehman

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On April 17th the BCA hosted an informal meeting to discuss member’s experiences in dealing with the city’s building department.
We were seeking feedback – good or bad, with the objective of improving project timelines and alleviating red tape.

On May 2nd, the BCA Board of Directors met with Mayor Lehman to have an open discussion of the many issues brought to light in our meeting with members.

The Mayor was aware that there was a problem in the departments, and he assured the Board that it is a priority at the City to rectify the issues.

The BCA board will be coordinating with the Chief Administrative Office and the Director of Planning and Building Services to work on solutions together.

Huronia Alarm Donates In-Kind to Hospice Georgian Triangle

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Huronia Alarm & Fire Security Inc. makes donation-in-kind to Hospice Georgian Triangle, Campbell House.

 Huronia Alarm & Fire Security Inc. (HAFS) recently installed and donated a security system, access control and door entry systems as well as security cameras to Hospice Georgian Triangle.  Hospice Georgian Triangle, Campbell House, is a residential palliative care residence for patients with a terminal diagnosis who are in the last stages of their life.  This organization also provides support for the families and friends of the patient and provides a home-away-from-home experience with 24/7 professional care.

Hospice Georgian Triangle’s Campbell House hospice serves residents in the communities from the Town of Blue Mountains to Collingwood, to Wasaga Beach and Clearview Township.

“Continued support for services that we feel are an integral part of our community form the basis for our corporate donations program at Huronia,” said Rob Thorburn Jr, President & CEO at HAFS.  “We have a number of relationships with similar organizations in the communities that we serve, and we believe that donating time, products and ongoing monitoring services are just some of the ways that we can help reduce the financial burden that these charitable organizations face each year.”

“The Hospice Georgian Triangle is an important part of the healthcare system in our area that often gets overlooked,” said Chris Johnson, Sales Consultant at HAFS who donated his sales commission for this project.  “When the capital campaign to build an addition on Campbell House began, I had no idea that the hospice needed to raise 50% of their yearly operating budget, in addition to the funds being raised to construct the new wing.  This organization depends on the generosity of the community to operate, and that’s part of the reason I donated my commission.”

“At the start of any capital campaign, there’s a lot of enthusiasm, but as the project nears completion we depend more and more on the support of our community partners to help our staff, volunteers, residents and visitors continue to receive the ongoing physical, emotional and spiritual care that they need to help them through coping with life-limiting illness,” said Kelly Borg, Executive Director at Hospice Georgian Triangle.  “Huronia has proven to be been one of those special community partners who is committed to working with us for the long haul.  And for that, we are truly grateful.”

Huronia Alarm & Fire Security Inc. has been in business for over 45 years and is Central Ontario’s leading provider of home and business security and monitoring services, CCTV, fire and safety, lock, key and safe products and services, home theatre, audio and video consultation and entertainment room design, as well as cabling and smart home wiring for today’s home automation requirements.

 

 

 

 

 

 

Photo Caption:  Rob Thorburn Jr. (President and Chief Executive Officer) and Chris Johnson (Sales Consultant) from Huronia Alarm & Fire Security Inc. presents Kelly Borg (Executive Director), Bruce West (Board Chair, HGT Foundation) and Janet Fairbridge (Donor Relations Coordinator) of Hospice Georgian Triangle a cheque for $19,164.80. This represents the in-kind dollar-value amount for the supply and installation of a security system and camera system and related sales commission that Huronia donated to the Campbell House palliative care residence.

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For more information contact:

Media Inquiries:  Jaclyn Jones, President at Whiting & Holmes Limited, 289-337-3662, jaclyn@whitingandholmes.com.

Specific Inquiries relating to Huronia Alarm & Fire Security Inc:   Rob Thorburn Jr., President and Chief Executive Officer at Huronia Alarm & Fire Security Inc., 705-445-4444, rthorburn@huroniaalarms.com

Specific Inquiries relating to Hospice Georgian Triangle &/or Campbell House: Kelly Borg, Executive Director at Hospice Georgian Triangle, 705-444-2555, borgk@hospicegeorgiantriangle.com

DCC Security Clearance & eBidding Presentation

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On January 16th, 2018, Defence Construction Canada held a seminar for the Barrie Construction Association on how to obtain a security clearance to work at CFB Borden, a construction forecast for 2018 and an overview of their ebidding process.  Copies of their presentations are below.  If you have any questions regarding this material, you can contact the Barrie Construction Association office at info@barrieca.com, or visit the Defence Construction Canada website at https://www.dcc-cdc.gc.ca/english/homepage/ .

1 Borden Program Forecast BCA

2 DCC Security Requirements Overview BCA

3 Goods and Services E_tenders BCA

Huronia Alarm donation-in-kind to Operation Grow

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Huronia Alarm & Fire Security Inc. (HAFS) recently donated an access control security system to Operation Grow.  Operation Grow is an initiative of Huronia Transition Homes.  The program is designed to provide women with low-barrier employment opportunities a chance to gain valuable work experience apprentice-skills, earn a living wage and transition to mainstream employment, by growing fresh produce and herbs year-round, through unique vertical farming and cultivation practices.  The greens will be sold by volunteers from a retail space at their new location; 436 Bay Street, Midland, Ontario.

“Security for the new premises and the safety of the people who work and visit the property is of the utmost importance,” said Kevin Leonard, COO of HAFS.  “Huronia has been long-time supporters of Huronia Transition Homes, and I personally fundraise for this organization through my association with the Midland Y’s Men and our annual Walk a Mile event.  To be able to donate and install security equipment that will help ensure that the women and volunteers at Operation Grow can work safely and securely is a perfect fit to HAFS’s corporate giving policy, and we are thrilled to be involved in this really unique self-sustaining program.”

“There is a peace of mind that these access control products give our staff, volunteers, residents and visitors,” said Kathy Willis, Executive Director at Huronia Transition Homes. “Huronia has been an outstanding community partner and this donation is an indication of their commitment to ensuring a safe and secure environment for our women.”

Huronia Alarm & Fire Security Inc. has been in business for over 45 years and is Central Ontario’s leading provider of home and business security and monitoring services, CCTV, fire and safety, lock, key and safe products and services, home theatre, audio and video consultation and entertainment room design, as well as cabling and smart home wiring for today’s home automation requirements.

 Photo Caption:  Kevin Leonard, Chief Operating Officer of Huronia Alarm & Fire Security Inc. presents a cheque for $3,000 to Kathy Willis, Executive Director at Huronia Transition Homes’ new social enterprise Operation Grow.  This represents the dollar-value amount of the access control security system that Huronia donated to the Operation Grow facility.

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