WCA is consistently advocating on behalf of the ICI construction industry with all three levels of government. Have an issue you’d like more information on, or are you concerned about something going on in the industry? Get in touch with us here.
Here are just a few of the files we’re currently working on:
Prompt Payment Legislation for Manitoba
Prompt Payment legislation for the construction industry is coming to Manitoba.
Ontario has been leading the way in this area with their legislation being passed in late 2017. In Manitoba, there are currently two streams of work in this area. In the past two years there has been two Private Member’s Bills introduced into the Legislature but have not reached Royal Assent. We are working with industry partners to make Prompt Payment a reality for Manitoba Construction.
The purpose of the legislation will be to ensure that Owners are required to pay contractors in a set amount of time and then the Contractors will be required to pay the sub-contractors in a certain amount of time.
The exact time frames, dispute resolution process and available recourse for all members of the industry are all issues that are areas to be determined in this quickly evolving policy issue.
Limitations of Actions Act
The Limitations of Actions Act sets the maximum length of time a customer of a service has to bring an action against a provider of a service. Currently the Actions Limitation timeframes in Manitoba are much longer than other provinces in Canada.
|Province||Basic Limitation Periods (yrs)||Ultimate Limitation Period (yrs)|
A much longer time period in Manitoba causes higher insurance costs in the industry, increased risk of stale and unfair claims and places Manitoba at a competitive disadvantage to other provinces.
The Provincial Government has recently introduced Bill 51 (The Limitations Act) which will reduce the Ultimate limitation period to 15 years and create clarity on the Basic Limitation period making it 2 years. WCA is supportive of these changes and looks forward to this bill progressing through the legislation and be adopted as the new act.
Bill 32 – The Election Financing Amendment and Elections Amendment Act
The Provincial Government has introduced a bill which will clarify rules on what type of advertising can be done during a pre-election ‘black out period’. We have seen in the past a reduction of public tendering for construction projects during the pre-election period. This slows the renewal of public assets and creates a post-election ‘boom’ on projects that would normally be tendered in the months previous.
WCA has been seeking clarification for the past five years and these amendments will ensure that Government can publish requests for proposals or tenders during that time frame. WCA is supportive this amendment and look forward to the bill’s passage through the legislature.