Regulations

Regulations

The construction industry is one of the most highly regulated industries in the world. In addition to the growing Workplace Safety and Health awareness in construction, there are several specific pieces of legislation / regulation that only apply to contractors. WCA endeavours to constantly monitor this environment and to represent its members as it evolves. The following information contains key links to the most important regulatory agencies.

The Employment Standards Branch of the Department of Labour and Immigration has several excellent guides available for downloading at http://www.gov.mb.ca/labour/standards/ or Employment Standards Guide/Brochure.

Manitoba Builders’ Liens Act (+)

All construction projects in Manitoba have protection under the Builders’ Liens Act. In Manitoba, the Holdback rate is 7.5 per cent and the Lien Holdback period is 40 days. But it is far more complex than that and we recommend that all firms involved in the construction industry, and having lien rights, obtain a copy of the Builders’ Liens Act by following the links below. The full Builders’ Liens Act and the Act Regulations are available online at:http://web2.gov.mb.ca/laws/statutes/ccsm/b091e.php and http://web2.gov.mb.ca/laws/regs/pdf/b091-127.89.pdf 

WCA offers a regular member training seminar on Builders’ Liens in Manitoba.

Manitoba (National) Building Code (+)

The ‘Building Code’ in Canada is actually a series of interrelated documents, and is the minimum construction standard for health and life safety. The Code currently enforced in Manitoba is the 2010 National Building Code of Canada (NBC) with the 2011 Manitoba Amendments, the National Fire Code 2010 and the National Plumbing Code 2010. The adoption of the NBC and the Manitoba Amendments are contained in The Buildings and Mobile Homes Act and Regulation which can be viewed by following the links below.Act: http://web2.gov.mb.ca/laws/statutes/ccsm/b093e.php

Regulations: http://web2.gov.mb.ca/laws/regs/b093e.php

WCA members can view the National Building Code, National Plumbing Code 2010, the National Fire Code 2010, and the Manitoba Amendments at the WCA office. It is not available for loan.

In Manitoba, the Building Code is administered by the Office of the Fire Commissioner. They can be contacted at:

508-401 York Avenue
Winnipeg, MB R3C 0P8
Telephone: (204) 945-3322
Fax: (204) 948-2089
Toll Free: 1-800-282-8069
Email: firecomm@gov.mb.ca

The National Research Council – Institute for Research in Construction in Ottawa manages the National Building Code through various subcommittees and commissions. Copies of the various code documents are available in print or CD-ROM from NRC-IRC. (These are relatively expensive documents.)

Get the NBC: http://irc.nrc-cnrc.gc.ca/pubs/codes/nrcc47666_e.html

Workers’ Compensation Board (+)

All Manitoba contractors are required to carry Workers Compensation coverage, and those that hire sub-contractors are encouraged to ensure that these subs have coverage as well via the Clearance System. WCB premiums in Manitoba compare very favourably to other provinces and they are based on both industry group and individual company claims history.WCA has been involved with the Workers Compensation Board for more than 30 years. The Association was the first group in Manitoba to lobby for setting up an industry wide system of Safety Advisors to serve all contractors, which now operates as the Construction Safety Association of Manitoba. These efforts started in 1983 and were successful when, in 1988, the Province established the system through the participation of the Workers Compensation Board.

For detailed information about WCB in Manitoba visit: www.wcb.mb.ca

Manitoba contractors working in other provinces MUST arrange coverage with the compensation board in that particular province.

Other Provinces

WCA members working, or seeking work, in other provinces are advised to obtain information from the Compensation program in the province in question:

Workers’ Compensation Boards (Canada)

Commission de la sante et de la securitie du travail

Workers’ Compensation Board of Alberta

Workers’ Compensation Board of British Columbia

New Brunswick Workplace Health, Safety and Compensation Commission

Newfoundland Workers’ Compensation Board

Ontario Workers’ Compensation Board

Workers’ Compensation Board of Prince Edward Island

Workers’ Compensation Board of Saskatchewan

Yukon Workers’ Compensation Health & Safety Board

Workplace Safety and Health (+)

Workplaces in Manitoba are governed by the Workplace Safety and Health Act and the accompanying regulations. Effective February 1, 2007 all Workplace Safety and Health regulations have been consolidated into one regulation called: The Workplace Safety and Health Regulation 217/2006.Visit Workplace Safety and Health at http://www.gov.mb.ca/labour/safety/index.html

The Act (w210) can be obtained here: http://web2.gov.mb.ca/laws/statutes/ccsm/w210e.php

The Workplace Safety and Health Regulations: http://safemanitoba.com/workplace_safety_health_act_and_regulations.aspx

For more information about how this Act applies to companies involved in construction, please contact the Construction Safety Association of Manitoba: www.constructionsafety.ca.

Manitoba Employment Standards (+)

In May, 1999 three previous legislative Acts were combined – the Employment Standards Act; the Vacations with Pay Act; and the Payment of Wages Act. The new name is The Employment Standards Code.The Employment Standards Code is available at the following address: http://web2.gov.mb.ca/laws/statutes/ccsm/e110e.php

The Employment Standards Regulation is available from the following link:

http://web2.gov.mb.ca/laws/regs/pdf/e110-006.07.pdf

The construction industry has several unique regulations and applications and all members are advised to review the Employment Standards guides that are specific to construction.

The Employment Standards Branch of the Department of Labour and Immigration has several excellent guides available for downloading at http://www.gov.mb.ca/labour/standards/category,construction,factsheet.html.

Construction Industry Wages (+)

In Manitoba, the minimum construction wage is established in the Construction Industry Wages Act. This Act was recently amended and does not apply to residential construction, or minor renovation work. Schedules within the Act and its Regulation provide minimum wage levels for most occupations and establish weekly hours permitted before overtime per week.Please Note: A review of the wage schedules was conducted in 2007, with the 119/2006 Regulation updated in March 2008 and three wage adjustments released in June 2008, January 2009 and January 2010. Effective June 1, 2009, all industrial, commercial and institutional (ICI) construction projects will follow the same province-wide minimum wage schedule. This eliminates the need for a rural wage schedule. Members are encouraged to read the following documents carefully.

The CIWA Act can be viewed here: http://web2.gov.mb.ca/laws/statutes/ccsm/c190e.php

The CIWA Regulation can be viewed here: http://web2.gov.mb.ca/laws/regs/2008/056.pdf

Facts about Heavy Construction Wages and Employment Conditions

Facts about Industrial, Commercial, and Institutional Construction Wages and Employment Conditions

Federal Fair Wages Act and Hours of Labour Act (+)

The Federal Fair Wages and Hours of Labour Act sets construction minimum wages for certain trades involved in work on Federal Government contracts for construction, renovation, repair, or demolition. This Act attempts to set a minimum standard much like the Construction Industry Wages Act, and it is the stated intention of Labour Canada to update this regularly. Contractors are advised to review the project documents carefully for information on the applicability of this Act/Regulation.Letter to accept the current provincial rates for the purposes of the FWHLA and Regulations.

The Federal Fair Wages and Hours of Labour Act and Regulations are located here:
http://www.hrsdc.gc.ca/en/lp/lo/opd-ipg/opd/870toc.shtml

Export Information(+)

From time-to-time, the WCA receives requests for information from members wishing to export products or services into the USA. This is a highly regulated activity and the rules are constantly changing. WCA has several documents on file which may be reviewed upon request. In 2008, the Canadian Construction Association completed a document called ‘Guide to Doing Business in the United States’. It is available HERE.

CCRA and Tax Issues (+)

Retail Sales Tax Act of Manitoba — “Provincial Sales Tax”. Whether you call it RST or PST it means the same thing. In 2002 major changes were made to the way in which Electrical and Mechanical work is taxed under this Act. To help members understand the application of this tax, please refer to the following relevant tax bulletins that have recently been revised:Bulletin 005, June, 2005 – Information for Contractorshttp://www.gov.mb.ca/finance/taxation/bulletins/005.pdf

Bulletin 031, June, 2005 Mechanical and Electrical Trades – http://www.gov.mb.ca/finance/taxation/bulletins/031.pdf

Bulletin 008, June, 2005 Installation, Repairs and Improvements to Real Property – http://www.gov.mb.ca/finance/taxation/bulletins/008.pdf

Additional bulletins can be issued at any time. The link to all the Manitoba Tax Bulletins is: http://www.gov.mb.ca/finance/taxation/index.html

CCA’s Guide to Employer Provided Vehicles and Allowances Canada Customs and Revenue Agency (CCRA)

Canada Customs and Revenue Agency (CCRA) recently changed the tax rules as they apply to vehicles supplied by employers to employees. The new rules are summarized in this document developed by the Canadian Construction Association. http://www.cca-acc.com/documents/taxguide/ccataxguide.pdf

Independent Contractor or Employee?

Canada Customs and Revenue Agency (CCRA) during regular company audits, has been rigorously applying the tests for independent contractor vs. employee. Contractors are advised to review this guide and to ensure compliance. http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html

Contract Payment Reporting – CCRA

In 1998, the Federal Government announced that mandatory reporting requirements for service contracts would be implemented for construction sector by January, 1999. This measure is an attempt to discourage the underground economy in construction by forcing contractors to report all payments to sub-contractors. http://www.cra-arc.gc.ca/tx/bsnss/cntrct/menu-eng.html