Advocacy

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.  There has been a Private Member’s Bill (Bill 218) introduced into the House and there has been considerable work done to update the Builders’ Liens Act.

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)

Alberta

2

10

B.C.

2

15

Ontario

2

15

Manitoba

2/6/10

30

Saskatchewan

2

15

 

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 WCA is working with other partners in the industry for there to be a considerable review of the Act to bring the limitation period closer in line with other provinces.

 

Community Benefits in Public Tenders

Worldwide, there is increasingly more interest and use of Community Benefit Clauses in tendering of Government Contracts.  This is seen by the Government as a way to leverage their considerable investment dollars to help deliver on social, economic or environmental outcomes.

The Canadian Construction Industry firmly believes in giving back to the communities in which we live, work and invest.  However, there is the concern that using procurement of construction services to advance unrelated community benefits and other public policy objectives may jeopardise the competitive bidding system.

Where Community Benefits Provisions exist, the Tender documents should:

  • Itemise and be specific on the desired Community Benefit outcomes.  This will put all prospective bidders on an even playing field when establishing their bid.
  • Included the relative weight of the Community Benefit portion of the Tender if a weight system of evaluation is used.