Road2Growth Issue 4 2024 by Kelman & Associates

BUILDING A BR GHTER FUTURE FOR

Celebrating 75 Years 1949 to 2024

“ Smook Contractors Ltd. is a community-oriented provider of heavy construction services and materials to customers in both the public and private sectors. We are committed to being an industry leader through our quality of work, standard of safety, employee satisfaction and the protection of the environment.”

BUILDING A BRIGHTER FUTURE FOR ALL OF WINNIPEG

BOARD OF DIRECTORS

MHCA EXECUTIVE COMMITTEE

Board Chair John Highmoor, B.A., B.Sc. (C.E.), Tri-Core Projects

Vice-Chair Kevin Brown, P.Eng., G.S.C. Maple Leaf Construction Ltd.

Immediate Past Chair Dennis Cruise, CET, G.S.C., Bituminex Paving Ltd.

Secretary Tony Teixeira, J.C. Paving Ltd.

Treasurer Marcel Machado, B.Sc. (C.E.), Nelson River Construction Inc.

President and CEO Chris Lorenc, B.A., LL.B.

EXECUTIVE DIRECTORS AT LARGE

Nicole Chabot, B.A. G.S.C. L. Chabot Enterprises Ltd.

Richard Wilson CET, G.S.C. M.D. Steele Construction Ltd.

BOARD DIRECTORS

Tyler Bennett, M.E.T. Sigfusson Northern Ltd.

Michael Byrne AON Reed Stenhouse Inc.

Denis Collet, B.Comm Gravier Collet Gravel Inc.

Alex Gray, CET Russell Redi-Mix GIP Group

Tina Larson, P.Eng., M.Sc Lafarge Canada

Michelle Magdic BFL Canada

Greg McKee SMS Equipment Inc.

Peter Paulic Brandt Tractor Ltd.

Managing

Design/layout: Tabitha Robin

Advertising Coordinator: Sabrina Simmonds

ABOUT

The MHCA is a prominent membership-based advocate for the heavy construction and related industries in Manitoba, representing over 400 contractors, suppliers and financial companies.

Founded in 1943, the MHCA advances progressive public policies and innovative programs in a manner consistent with the broad public interest.

The MHCA serves as the primary ‘go to’ resource for the heavy construction and related industries for information, networking, public policy advocacy and member services.

It promotes sustainable investment in core infrastructure – streets, highways, bridges, water/wastewater systems, active transportation, water-control structures, trade gateways and corridors – to support economic growth and social development that benefits our province and country.

MHCA champions workplace safety education and training through its leading-edge WorkSafely program established in 1990.

It actively participates in local, provincial, regional and national advocacy groups and collaborates extensively with public and private-sector stakeholders to advance common core values, including economic growth, diversity, and safe work, which benefit our communities, province and country.

It has an earned reputation for effective advocacy.

A GOOD IDEA, A CRITICAL STEP FORWARD FOR CITIES

In advocacy, it is sometimes tempting to despair. Yes, advocacy is a marathon, not a sprint, but some priorities seem so abundantly necessary that their failure to catch like fire can be bewildering.

For decades, the MHCA and other advocacy groups have campaigned for the necessity of a new fiscal deal for Manitoba’s municipalities.

I am no naif. I know why, politically, there has been little take-up at the province to expand the revenue sources and taxing authority of cities and towns. Sometimes it is an aversion to contemplating tax hikes, but also, it is resistance to ceding ‘tax room.’

Municipalities have to choose their battles wisely. Facing a ‘hard no,’ they are inclined to approach negotiations for increased transfers in more familiar approaches.

Gillingham, who writes in this issue about the City’s economic growth plans on pages 12-14, has very directly laid out Winnipeg’s financial quandary, in seeking from the Kinew government access to new revenue sources.

He has repeatedly stated that this is an idea whose time has come; it’s going to happen, and once one provincial government implements a new funding deal, all others will follow.

Premier Kinew, he continues, can make history by taking this step in Manitoba.

All true. All good. All necessary. But negotiation is just that. There has to be a sense of win-win, and Winnipeg has to contribute something to the table.

There needs to be a stronger ‘economic growth’ focus in a whole-ofgovernment approach from the City,

Municipalities cannot afford to post deficits and need to find new revenue-raising strategies to meet the demand for core services.

But now, Winnipeg Mayor Scott Gillingham is changing tack, insisting the City cannot continue to ask the Province for higher transfers. Winnipeg needs a share of revenues tied to economic growth – something along the lines of a percentage of the retail sales tax.

where it proves it has the intent and the mechanism to put its best foot forward, ensure all departments, programs and guiding strategies consider how their initiatives contribute to raising Winnipeg’s GDP with the environment for business expansion, attracting new business, sustainable development

and making Winnipeg a magnet for new residents.

Winnipeg needs a Chief Economic Development Officer, a champion in the executive offices who leads the economic growth campaign.

From that office, we would expect a scan of what other jurisdictions have successfully done to grow the economy and make upfront investments that yield a high return on GDP.

When Manitoba’s largest city spurs investment and economic activity, provincial revenues rise too.

Mayor Gillingham has long been a voice for sustainable development and growth.

He is to be commended for taking a new funding deal to the steps of Broadway. The Kinew government is listening but is grappling with its own priorities, understandably –one of which is beating back a mammoth deficit.

Municipalities cannot afford to post deficits and need to find new revenueraising strategies to meet the demand for core services.

Let’s hope the new fiscal deal idea, having smouldered tenaciously, is now gathering heat, oxygen and tinder to rise like a prairie grass fire.

Chris Lorenc, B.A., LL.B. President and CEO, MHCA

ANY COMPANY WORKING WITH THE HEAVY CONSTRUCTION INDUSTRY IN MANITOBA WILL BENEFIT FROM MEMBERSHIP.

Members say five of the biggest reasons they value the association are:

1 2 3 4 5

NETWORKING

Our members, big and small companies throughout Manitoba, meet and learn from each other at our premier events and by participating in our standing committees, where industry, policy and budget concerns are addressed.

ADVOCACY

The MHCA is a prominent advocate respected across Manitoba for its informed and progressive approach to shaping public policy. It is often sought out for advice and opinion by media, governments and the public.

MEMBERSHIP DIRECTORY & EQUIPMENT RENTAL RATES GUIDE

This directory is the go-to tool used by contractors, suppliers, government and purchasers of all industry services in Manitoba. It includes the annually updated and relied-upon equipment rental rate guide.

SAFETY TRAINING

The MHCA WorkSafely Program, established in 1990, provides workplace safety and education training to reduce workplace incidents. This includes the Certificate of Recognition (COR®) recognized by SAFE Work Manitoba as the required safety training standard.

HEAVY NEWS

Our weekly newsletter keeps members aware of MHCA activities, events, concerns, advocacy activities and includes tender ads and results.

Are You Interested in Joining?

Visit https://mhca.mb.ca/benefits-of-membership or contact Christine Miller, MHCA Operations Manager, at 204-594-9053 or christine@mhca.mb.ca.

CALENDAR OF EVENTS

JANUARY

23 MHCA Annual Curling Classic

FEBRUARY

2-7

MARCH

11-14

APRIL

WCR&HCA Conference

The Heather Curling Club, Winnipeg, MB

Ka’anapali, Hawaii

Canadian Construction Association Annual Convention Quebec City, QC

TBD Chair’s Reception Location TBD

TBD Breakfast with Leaders Location TBD

Be sure to read the Heavy News, check out www.mhca.mb.ca, X (formerly Twitter), Facebook, Instagram, LinkedIn or contact Christine Miller, Operations Manager, at 204-594-9053 or christine@mhca.mb.ca for information on additional events throughout the year.

MHCA PUBLICATIONS ESSENTIAL BUSINESS TOOLS

MHCA’s publications are widely circulated, reaching the desks of the heavy construction industry, purchasers of its related services, stakeholder and business associations, government leaders, senior decision makers and numerous other government officials at all levels.

QUARTERLY MAGAZINE

Road2Growth – INFRASTRUCTURE: the foundation to economic growth

MHCA produces a quarterly magazine, Road2Growth – Infrastructure: the foundation to economic growth, which focuses on profiling the work of the heavy construction industry, including MHCA advocacy and WorkSafely news.

HEAVY NEWS

› Distributed to members, elected officials, senior public administrators and related stakeholder communities

› Provides current tender ads and results

› Posted online at www.mhca.mb.ca and via social media; delivered electronically every week by email

MEMBERSHIP DIRECTORY & EQUIPMENT RENTAL RATES GUIDE

› The annual MHCA Membership Directory & Equipment Rental Rates Guide is the definitive reference guide and business tool used by industry and purchasers of its services

› This “go-to” guide lists members and the full scope of the products and services they offer

› The only heavy equipment Rental Rates Guide in Manitoba

› Public and private sector project owners use the directory to contact suppliers of services, including contractors, materials, equipment, aggregates, oils, design and engineering

MHCA WEBSITE

Our website – www.mhca.mb.ca – promotes our vision, mission, services and provides members with the latest news, policy briefs and WorkSafely materials and resources, including the new e-News.

MEMBER UPDATE

Welcome New Members!

Thank you to all our current members, and welcome to our newest members!

BUILDING A BR GHTER FUTURE

Scott Gillingham Mayor of Winnipeg

GHTER FUTURE

As we celebrate Winnipeg’s 150th anniversary, we have an opportunity to reflect on where we’ve been and where we’re headed. For much of our history, Winnipeg’s economy has thrived as a transportation and trade hub. That foundation remains vital, but to build a

Winnipeg’s strategic location at the crossroads of major highways and rail lines gives us access to national and international markets. However, to maintain our status as a premier logistics hub, we must modernize our aging infrastructure.

truly vibrant economy for everyone, we need action on several key fronts.

Investing in Trade and Transportation

We’re finalizing the Transportation Master Plan, a roadmap for future investments that will keep goods and

people moving efficiently throughout the city. Projects like renewing Route 90 and extending Chief Peguis Trail are more than road improvements – they’re economic lifelines, connecting people and businesses across our city.

But we can’t do this alone. The success of these projects hinges on support from federal and provincial governments. I’ve made it clear to our partners that we need their commitment to make this vision a reality. The time to act is now because the economic benefits will be felt for decades.

It’s time for a new financial partnership that recognizes Winnipeg’s significant contributions to the provincial economy – we need a fair funding model that shares the benefits of growth.

Securing Our Wastewater Infrastructure

A critical component of our economic growth lies beneath our feet: water infrastructure. The North End Water Pollution Control Centre, the city’s largest wastewater treatment facility, is essential for residential, commercial and industrial expansion. But without upgrades, we risk running out of capacity.

This isn’t just an environmental issue – it’s an economic one. Without the ability to treat more wastewater, we can’t build new homes, attract businesses or support the city’s growth. Upgrading the North End plant is a massive project that requires significant provincial and federal funding. I’m calling on our partners to step up because the economic risk of inaction is too high.

A New Financial Partnership

Winnipeg’s population has grown by about 65,000 people over the past three years. While that’s great news, it also means increased demand for essential services like road maintenance, public safety and community programs.

Yet most of the new tax revenue from this growth flows directly to the provincial and federal governments, not the city. We can’t keep providing critical city services on a shoestring budget

The North End Water Pollution Control Centre, the city’s largest wastewater treatment facility, is essential for residential, commercial and industrial expansion. But without upgrades, we risk running out of capacity.

that is ready for future challenges starts. I’m committed to working with our provincial and federal partners to find a solution that works for everyone.

Tackling the Housing Crisis

Like cities across Canada, Winnipeg faces a severe housing shortage. The lack of affordable homes affects everyone – from young families trying to buy their first house to businesses struggling to attract workers due to high living costs. This crisis is holding our city back, and we must act quickly.

That’s why we’re implementing some of the most significant housing policy reforms in Winnipeg’s history. We’re making it easier to build throughout the city, cutting red tape and speeding up approvals. During my State of the City address in March 2024, I challenged us to approve 8,000 new housing units by November – and I’m proud to say we’re already over 12,000.

This is just the start. By creating more housing options, we’re addressing the immediate crisis and laying the groundwork for sustainable growth. Affordable housing is crucial to a thriving economy and a high quality of life for all Winnipeggers.

A Vision for the Next 150 Years

As we look ahead, we have a chance to build a Winnipeg that works for everyone. Economic development isn’t just about big projects or flashy investments – it’s about creating a city where people want to live, work and raise their families.

This vision requires a balanced approach: investing in modern infrastructure, securing our water future, establishing fair financial partnerships and tackling the housing crisis headon. It means working together – with other governments, businesses and the community – to create a Winnipeg that thrives for generations to come.

Scott Gillingham has been mayor of Winnipeg since October 2022 and previously served as councillor of the St. James ward.

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SOCIAL PROCUREMENT AND YOU:

FACING REALITY

VERSUS IDEALS

REALITY

Julia Waterer

Contributor, Craig Kelman & Associates

‘Equity’ in hiring practices and ‘social procurement’ should not be bad words.

“It makes sense that the City of Winnipeg, as it spends taxpayer money, would want to see fair distribution of those funds to everyone,” says Darryl Harrison, Director of Stakeholder Engagement and Advocacy for the Winnipeg Construction Association.

Winnipeg’s Social Procurement Framework document states, “The City of Winnipeg spends millions annually on goods, services, and construction. Achieving ‘best value’ for every dollar spent places the onus on the Public Service to maximize positive benefits and minimize adverse effects of procurement. Like other Canadian municipalities, the City of Winnipeg has begun to develop a Sustainable Procurement program to amplify the positive impacts of its spending.”

However, the ‘onus’ is being shifted onto the construction industry, leaving firms grappling with the logistical challenges of implementing this earlystage program.

“As an industry, from the very beginning, we said to the City that we absolutely understand and support the drive to extend opportunities to individuals or demographics who are not, for whatever reason, equally engaged in economic opportunities,” says Chris Lorenc, MHCA President and CEO.

“But we also reminded them the construction industry is already an extremely diverse workplace. Across worksites in Manitoba right now, we have wide representation, especially among newcomers. If someone is willing to get trained and do the work, we hire them.”

From the outset of this initiative, Harrison says, he knew it would increase administrative burden, but

now, more specific roadblocks are making themselves known.

“We’ve heard from members with pilot projects that this is not making interpersonal relationships on the job site easier. As it relies on selfdeclaration, the number of people willing to give up that information was low. But having what is essentially private knowledge being publicly declared is making it worse.”

Lorenc adds that this process is also making projects owned by the City more unattractive to tenders.

“This added burden is making the City of Winnipeg less likely to get a competitive number of bids, meaning down the line, the taxpayer is suffering from this non-competitive environment, keeping prices high.”

He says what is needed is a policy that is effective and doesn’t badger

We’ve heard from members with pilot projects that this is not making interpersonal relationships on the job site easier. As it relies on self-declaration, the number of people willing to give up that information was low. But having what is essentially private knowledge being publicly declared is making it worse.

– Darryl Harrison, Director of Stakeholder Engagement and Advocacy

for the Winnipeg Construction Association

“We are confounded that social procurement continues to be cluttered up by bureaucracy rather than through logical process and procedures,” says Lorenc. “The unnecessary micromanaging of a project’s hiring and staffing minutia has a noticeable impact on productivity, timelines and efficiency. We don’t test our employees for their ethnicity or lifestyle. They are who they are, and that is not our business.”

Logistically, there also appear to be major issues, considering how the workforce operates on a daily basis.

“There is no way to know which crews will be where and on which day. It changes constantly,” Harrison explains. “If, for example, there is a requirement for 20% of equity-seeking groups on a job site, and we don’t reach that on that specific day or job site, do we stop work on another project and pull people off jobs to reach quorum? It’s at this point where it quickly becomes unwieldy.”

people for information. “We want more bidders, not fewer, and we want to invite competition, not dissuade it.”

What, then, are the best options moving forward? The City of Winnipeg’s North End Water Pollution Control Centre has been used to launch some of the earlier stages of the social procurement initiative.

“As we didn’t know what the makeup was for each sector, we asked for realistic expectations to be set,” says Harrison. “The mandated level was at 5%, which was attainable. We had to demonstrate ‘best efforts’ to reach this mandate, meaning ‘the design-builder has made a commercially reasonable effort to satisfy the City, to achieve minimum thresholds, and can clearly demonstrate reasons as to why the minimum threshold was unachievable if not met.’1

“This approach had no negative effects, and I would say that demonstrable ‘best effort’ is the way forward if mandated percentages increase.”

We are confounded that social procurement continues to be cluttered up by bureaucracy rather than through logical process and procedures. The unnecessary micromanaging of a project’s hiring and staffing minutia has a noticeable impact on productivity, timelines and efficiency. We don’t test our employees for their ethnicity or lifestyle. They are who they are, and that is not our business.

– Chris Lorenc, President and CEO of MHCA

“The best and most prudent approach, in my opinion, is through assessing corporate structure,” says Lorenc.

In fact, at a pre-project presentation for NEWPCC, it was noted that research on current social procurement practices indicates “social procurement clauses in tenders are most successful when they are nonprescriptive, collaborative in nature and reflective of the community and marketplace context.”

Large national corporations in the industry, which work across Canada and with federal policies that advance diversity, have experience with social procurement policies.

“Lafarge has extensive experience with social procurement policies across numerous jurisdictions,” says Tina Larson, Vice-President of Lafarge, Manitoba and Saskatchewan. These policies require evidence of company-wide policies and programs to attract and retain diverse talent at all levels of the organization rather than using project-specific requirements.

“This approach has created a supportive environment within our company, noticeably enhancing workforce diversity,” Larson says.

“The entire corporate entity is assessed yearly, which eliminates the micromanaging,” Lorenc says.

Ironically, he notes, the City of Winnipeg itself does impose upon its own departments a mandated diversity target, but rather aspirational goals.

• Aggregates

• Asphalt Paving

• Excavation & Base Work

• Concrete

• Diamond Grinding & Maintenance

• Highway Paving

• Material Recycling

• Product Sales

• Rural Construction

• Sewer & Water Services, CCTV Inspection and Sewer Cleaning

“To me, this is evidence that the City sees it’s best to encourage diversity in hiring and promotion on a broad, corporate level rather than set hard targets for small operational units backed by penalties or consequences.”

To read the City of Winnipeg Social Procurement Framework, please visit www.winnipeg.ca/media/3522.

References

1 The City of Winnipeg, NEWPCC Upgrade; Biosolids Facilities. RFP Schedule- Appendix E, Section A.

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CENTREPORT CANADA: A GAME CHANGER FOR TRADE IN MANITOBA

Carly Edmundson President and CEO, CentrePort Canada

Manitoba can, and should, be a global leader in trade and transportation. It’s been our destiny as a province for a long time.

As the Chicago Record-Herald, written more than a century ago, in September 1911, said, “(Manitoba) is a gateway through which all the commerce of the East and the West, and the North and the South must flow. No city, in America at least, has such absolute and complete command over the wholesale trade of such vast an area. It is destined to become one of the greatest distributing commercial centres of the continent as well as a manufacturing community of great importance.”

Those words were true in 1911, and they are truer today. We are still destined to become one of the most important trade and manufacturing communities on the continent, and CentrePort Canada is that destiny realized.

It’s been 15 years since CentrePort Canada became a reality on lands straddling Winnipeg and the RM of Rosser.

At the intersection of multiple North American trade gateways, this inland hub is host to over 1,000 companies that are moving goods regionally, nationally and internationally every day. They are

reaching over 100 million consumers within a 24-hour drive from CentrePort and leveraging tri-modal transportation infrastructure, including three class one railways and a 24/7 international airport.

The inland port gives them efficient, reliable and cost-effective transportation options.

The value proposition of CentrePort, benefitting those companies and their customers, is evident to those who work in or rely on the transportation or supply chain sector. (Which pretty much means everyone, if you think of it.)

Think of anything you use – your phone, car or whatever is currently sitting on your doorstep from Amazon. It got to you via at least one mode of transportation, possibly multiple. On average, 60% of the cost of that product is a direct result of supply chain costs.

An efficient supply chain cuts product costs to consumers. It means savings to companies that allow them to be more competitive or invest back into their businesses for growth.

These kinds of efficiencies generate value not just for businesses but for every

citizen through economic growth, job opportunities and new tax dollars to pay for the services our communities need.

At CentrePort, we’re taking calls from other cities on a regular basis, asking us how we built this economic driver and hub of activity.

The short answer is: Go big and go bold.

Fifteen years ago, the people who created CentrePort could have set aside a very modest amount of land to create an inland port. The Global Transportation Hub out of Regina is 1,800 acres, and the Port of Vancouver is situated on 1,600 acres.

Instead, they chose 20,000 acres, an area of land larger than Manhattan.

They believed that a bold vision would invite big investments and big ideas and that it would make a big impact.

People have said, “If you build it, they will come” about CentrePort, but that’s only half true. I’d suggest that it’s actually, “If you build strategic infrastructure, private industry will invest.”

CentrePort Canada Way, a $213-million expressway that opened in 2013, now sees over five million vehicles a year. It allows companies located in the interior of CentrePort to reach highway speeds within five minutes or less.

Further, all three modes of transportation on-site have seen significant enhancements: Highway upgrades, expansion of the Richard International Airport campus and, in 2023, the CentrePort Canada Rail Park broke ground – a transformational project to allow enhanced rail access for companies.

More recently, we’ve seen construction start for water and wastewater servicing in CentrePort South, with industrial and residential development to begin there by the end of 2025.

CentrePort’s value proposition was not obvious to everyone; lots of people were quick to call it a pipedream.

Fortunately, there were many more ‘bold believers’ – hundreds of people at multiple levels of government, private industry and the community – who only saw potential.

To ensure the return on investment happens quickly for all of this infrastructure investment, groups dedicated to expedited development approvals were put in place – concierge services at the City of Winnipeg and the RM of Rosser to oversee and steward the permitting and approvals process.

Fastfrate Group, the first company to move into the Rail Park, recently said its

development experience in Manitoba was among the best it has had in Canada.

As of today, hundreds of new companies have relocated to CentrePort, thousands of new jobs have been created and Manitoba has started to showcase its destiny as a world leader in trade and transportation.

Over three million square feet of new industrial space has been built or is under construction, and well over $1 billion has been invested by private industry to build new industrial developments and operations at CentrePort.

At full build-out, the construction impacts alone will have boosted Manitoba’s GDP by just shy of $8 billion and spun off about 100,000 person-years of employment.

CentrePort has hit its stride and is getting bigger. The Rosser lands will continue to see development, and CentrePort South will be home to up to 12,000 residents, in addition to the industrial development that will come along with the expansion of the airport campus.

Our inland port is moving from a local success story to an international hub as a vital gateway connecting North America with the world.

We are, as foreseen in 1911, a transportation and trade powerhouse.

We did this – Manitobans working together, believing together and telling naysayers to get out of the way of destiny.

Carly Edmundson is the President and CEO of CentrePort Canada. The above is taken from her address at a Winnipeg Chamber of Commerce lunch celebrating CentrePort’s 15 years of going big.

4Tracks Ltd. celebrating the opening of their 20,000 sq/ft expansion at CentrePort North.

CentrePort South groundbreaking ceremony in August 2024.

JOHN HIGHMOOR: STEERING THE FUTURE OF MANITOBA’S HEAVY CONSTRUCTION INDUSTRY

In the world of heavy construction, where shifting landscapes, complex engineering and seasonal challenges dominate, leadership is key to navigating these turbulent terrains. Stepping into this critical role is John Highmoor, the 2025-26 Chair of the Manitoba Heavy Construction Association’s Board of Directors.

Highmoor brings decades of hands-on experience and a deep commitment to the industry, offering a vision rooted in collaboration, integrity and advocacy. As the MHCA prepares for the next chapter in its storied history, Highmoor’s leadership will be pivotal in addressing the challenges and seizing the opportunities ahead.

A Career Forged in Construction

John Highmoor’s journey to becoming one of Manitoba’s most respected figures in the construction industry began early. Growing up in Flin Flon, a small mining city in northern Manitoba, Highmoor was exposed to the world of construction from a young age.

His grandfather established a construction company in the 1960s, and

it wasn’t long before Highmoor found himself working with heavy equipment in the family business.

“At the age of 14, I was running heavy equipment in our pits over the summer holidays,” Highmoor recalls, noting that this early experience instilled in him a love for the industry that has lasted a lifetime.

After graduating high school, Highmoor completed a Bachelor of Arts at the University of Manitoba before shifting to business and civil engineering. He completed a Business Administration Diploma at Red River College and later returned to the University of Manitoba to earn a Bachelor of Science in civil engineering. His academic achievements and practical experience laid the groundwork for a successful career. In 1995, he began working at Nelson River Construction, one of Manitoba’s largest civil contractors. There, he honed his skills in the sewer and water division before co-founding Tri-Core Projects Ltd. in 2003, which has since become a prominent player in Manitoba’s heavy construction sector.

One of our industry’s biggest challenges is attracting, developing and retaining our workforce.

– John Highmoor

“My background in construction from the family business and working on my civil engineering degree made a career within the heavy construction industry a perfect fit for me,” he explains.

His career trajectory highlights not only his technical expertise but also his deep-rooted passion for the evolving nature of the construction field.

A Vision for Collaborative Leadership

Highmoor’s experience has given him a unique perspective on the importance of collaboration, both within the industry and with external partners.

His introduction to the MHCA came during his time at Nelson River Construction, where he quickly

Photo Credit: Tri-Core Projects Ltd.

recognized the value of the association’s networking and advocacy services.

“The networking opportunities were very valuable,” Highmoor recalls. When he co-founded Tri-Core Projects, becoming a member of MHCA was a priority.

As the 2025-26 Chair, Highmoor sees his role as a continuation of the work that has made MHCA a respected voice in Manitoba’s construction sector. “I am very proud to have the opportunity to chair the Board of Directors and work on these important files,” he says.

One of his key objectives is to focus on the association’s relationships with stakeholders at all levels of government.

“I believe the MHCA can provide a lot of support to the many stakeholders within our industry,” he adds, highlighting the association’s role as an advocate for infrastructure investment and economic growth.

Highmoor is particularly intent on addressing the pressing issue of workforce development. “One of our industry’s biggest challenges is attracting, developing and retaining our workforce.”

To tackle this, he aims to develop a comprehensive plan that showcases the exciting career opportunities within Manitoba’s heavy civil sector, ensuring that competitive wages and ongoing training are part of the industry’s commitment to future workers.

Challenges and Opportunities

The construction industry in Manitoba faces many significant obstacles, with infrastructure investment topping the list.

Highmoor emphasizes that government agencies must commit to timely and consistent infrastructure investments so that companies can plan and prepare for Manitoba’s short construction season.

“It is critical that government agencies invest in infrastructure in a timely and consistent manner,” Highmoor asserts. Such investments would boost private sector confidence, encouraging longterm investments in the province.

Further, heavy construction is facing the same labour shortage that has affected many industries.

His leadership will also be defined by his efforts to attract and retain a skilled workforce, ensuring that the industry thrives for years to come.

Highmoor recognizes that attracting workers to the heavy civil industry requires more than just competitive wages. It demands a clear and compelling career path that offers long-term opportunities for growth and development.

“I want us to develop a plan that will show potential workers there is an exciting career path in the heavy civil industry,” he says, emphasizing that the industry is ready to support workers as they gain the experience and knowledge needed for career advancement.

Integrity at the Core

Throughout his career, Highmoor has been guided by one fundamental leadership principle: integrity. “To me, it is the absolute most important trait as a leader.”

Central to the success of Tri-Core Projects, the focus on integrity will be equally important as he takes on the leadership of the MHCA.

“Trusting relationships are the key to great results, and I will carry that with me during my work on the Board.”

As Highmoor steps into his role as Chair, he hopes to leave a lasting impact on the construction industry in Manitoba.

“I’m hoping that we can continue to improve the relationships between the MHCA and industry stakeholders,” he says.

His leadership will also be defined by his efforts to attract and retain a skilled workforce, ensuring that the industry thrives for years to come.

A Legacy of Leadership

John Highmoor’s vision for the MHCA and the heavy construction industry in Manitoba is one of collaboration, integrity and growth.

“Integrity, hard work and leading by example. If you show you care and are willing to do what it takes to get it done properly… others will follow.”

Highmoor’s leadership at the MHCA will undoubtedly help shape the future of Manitoba’s heavy construction industry, ensuring that it remains a vital and growing sector in the province’s economy.

ENVIRONMENTAL PRODUCT DECLARATIONS: INCREASINGLY A ‘BUY GREEN’ BID REQUIREMENT

Matt Dalkie Senior Sustainability Manager, Lafarge Western Canada

An Environmental Product Declaration (EPD) is like a nutrition label for a product. It provides detailed information about the product’s environmental impact, covering aspects such as material extraction, resource use and the environmental impact of the manufacturing process.

Although most users of EPDs are primarily interested in the Global Warming Potential, or carbon footprint, EPDs

present up to 37 different indicators, including how a product contributes to smog creation, waste generation, use of fresh water and energy consumption.

EPDs are independently verified documents designed for businessto-business communication. In North America, they focus on the cradleto-gate part of a product’s lifecycle, i.e. raw material extraction and preparation, transport of materials

to the manufacturing facility, and the manufacturing process.

The construction industry has been a leader in developing EPDs for construction materials, particularly cement and concrete. Other materials are quickly catching up as governments are starting to mandate the use of EPDs to provide transparency around a product’s impact through ‘buy green’ policies. EPDs are also used in rating systems like LEED to develop a whole-building life cycle assessment that considers not only the manufacturing impact of construction materials but also the operational impacts and end-of-life material disposal and recycling.

Build your case on a strong foundation. We have the expertise, the experience and the right tools for every job.

The demand for EPDs began with architects interested in understanding the environmental impact of buildings they designed and intending to reduce it. However, government agencies are increasingly driving demand by using their purchasing power to encourage improvements in the production of construction materials to address climate change.

In Canada, the federal government introduced the Standard on Embodied Carbon in Construction in 2022. This policy requires EPDs for government-funded projects and requires concrete used on projects to be 10% better than a baseline. Although concrete is currently the only

material included in the federal policy, other materials are being added, so it is only a matter of time before asphalt and aggregates are included.

The good news is that developing an EPD is relatively straightforward and can be completed within a few months. The process can be different depending on the product, but generically, it begins with a producer detailing all of their primary data, i.e. the things they have direct control over, such as how much of each raw material has been purchased over a year, where each material comes from, how much electricity and fuel is used in the manufacturing process and how much waste is disposed. This typically takes one to four months to complete, and all supporting information needs to be collected, such as monthly invoices from the electricity supplier. It should be noted that transportation distances are determined from the source location and not just from the local terminal.

Armed with this data, the next step is to complete the calculations for an EPD, which varies for different products. For asphalt, the data are entered into an online calculation tool managed by the National Asphalt Pavement Association (NAPA). This tool completes all calculations and generates an EPD that the user can review and then publish as a final document on the NAPA website.

In Canada, a separate contract is needed with the software provider (WAP Sustainability) to develop asphalt EPDs. The fee is around $6,000 per asphalt plant, and it includes using the software for five years, producing multiple EPDs, and verifying published EPDs.

Producers interested in developing EPDs should start the process early to gain potential benefits such as market differentiation and a more relaxed data-gathering approach. EPD provider companies can offer assistance in understanding the development process. The entire process can be timeconsuming to gather the information needed, so waiting to start the process when working on a bid that requires EPDs will mean a submission will be too late to meet the bid requirements.

The demand for EPDs is increasing and being extended to other products in the construction industry. Due to ‘buy green’ purchasing policies, EPDs are quickly becoming a required document for construction materials, helping to ensure transparency and sustainability in the sector.

The following companies can be contacted to develop EPDs for the products listed:

› Athena SMI – Aggregates

› Climate Earth – Aggregates, Cement, Ready Mix Concrete, Masonry, Precast

› WAP Sustainability – Steel, Asphalt, Glass, Cement, Slag, Ready Mix Concrete, Concrete Pipe

Matt Dalkie is the Senior Sustainability Manager for Lafarge Western Canada, focused on sustainability and providing transparency documentation across multiple construction products.

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PROGRESS REPORTS

The ‘strength in numbers’ equation is solid in industry advocacy, especially for an industry that relies on long-term investment planning.

The MHCA’s advocacy gets results:

HIGHWAYS PROJECTS ‘24

Manitoba Transportation and Infrastructure committed in July to tender an additional $150 million in highways projects, $90 million of which will be expended in the 2024 program. This was to ensure the $500-million highways infrastructure program is fully expended in the budget year.

MTI’s October update of the tender/award of projects indicates $98 million in projects awarded since mid-summer and $87 million tendered and awaiting award.

MHCA’s review in early October found that of the $90 million in additional projects to be awarded in 2024, $36 million was awarded, and another $20 million was tendered and awaiting award.

WINNIPEG PUBLIC WORKS TENDERS

The City of Winnipeg Public Works department has accelerated the design engineering tenders for the 2025 construction year to see construction projects advertised to the heavy construction industry earlier, allowing for work to start earlier and finish on schedule.

The tendering to the industry in 2024 was delayed, in part because design engineering was delayed. MHCA is pressing

Public Works to have 80% of the annual construction season’s projects tendered and awarded by late February/early March of the same year.

The City has also begun using qualification-based engineering services selection for assigning design engineering work, with the planned target to have 2025 construction tenders ready for posting by the end of February.

WINNIPEG SOCIAL PROCUREMENT PILOT PROJECTS

MHCA formed an industry working group to get feedback on how the City of Winnipeg’s pilot clauses worked in some 2024 construction projects. Among the experiences, members noted staff are generally reluctant to fill out voluntary self-identification forms regarding ‘equity’ status.

This makes tracking and recording the percentage of hours worked by individuals who identify with the equity groups difficult.

This and other issues will be shared with the City’s Social Procurement Advisory Table at a meeting at the end of November, where the City’s report on the pilot projects’ outcomes will be discussed. The City is planning to include social procurement tender clauses in 2025 construction contracts.

REFLECTING ON A YEAR OF ACCOMPLISHMENTS AND LOOKING AHEAD

It’s been a busy year since I assumed the WorkSafely Program director position, and I am proud of what our team and industry companies have accomplished. This year has been full of growth, innovation, and progress.

With the foundations we are building in 2024, I am confident that 2025 will

be a year of even more significant achievements.

In 2024, we expanded our training programs, reaching over 1,461 participants, and launched new initiatives like the Learning Management System, which streamlined training registration and certificate management for our industry companies. We modernized our COR® required courses, making them more interactive and ensuring they remain relevant to our industry’s evolving needs. Our partnership with SAFE Work Manitoba led to the introduction of a Hearing Conservation Pilot Program, offering creative noise-control solutions that improved safety and saved our company’s money.

We’ve also made significant strides in our COR® program, including launching the CFCSA (Canadian Federation of Construction Safety Associations) harmonized audit tool and adopting the COR® National Logo to align with national standards. These updates are crucial in supporting the consistency and quality of the safety practices within our member organizations.

Looking ahead to 2025, I am excited to continue building on this momentum. We have ambitious plans to further engage employers who have a high impact on the WCB rates of the industry classification codes and extend our outreach to new sectors, including companies under the newly added classification code 50103 (Waste Management, Snow Removal and Towing). We will also focus on expanding our consulting services, promoting timely and safe return-to-work practices and modernizing and diversifying our training offerings.

One of our key priorities in the coming year will be leveraging data and statistics to drive our program’s focus. For example, we know that workers in our industry are most frequently injured with fractures and dislocations. By analyzing these trends, we can better understand the sources of these injuries and develop targeted prevention services. This approach allows us to provide data-driven solutions that directly address the needs of our members, ensuring that our efforts lead to meaningful improvements in safety outcomes.

With the foundations we are building in 2024, I am confident that 2025 will be a year of even more significant achievements. Together, we can improve safety and health in the heavy construction industry, protect our workforce and ensure employers receive the value and support they need to thrive.

Thank you for your continued commitment and collaboration. I look forward to the exciting year ahead!

Jacquelyn Oduro Director, MHCA WorkSafely Education & Training

Jacquelyn

Oduro Director, MHCA

NEW COR® COMPANIES

These companies have been verified by (and certified through) WorkSafely as meeting all elements of the COR® program.

MHCA applauds all of its members who have achieved the nationally recognized COR® through any member of the Canadian Federation of Construction Safety Associations (CFCSA).

2024 – QUARTER 4 As of November 8, 2024

› 10085906 MB Ltd. (Garrett Whitford)

› Beech Electric (2021) Ltd.

› Bloodvein Fist Nation o/a BFN Construction

› Dennis Friesen

› Evie Enterprises Ltd.

› Garden Hill First Nation

› Matheson Island Community Council

› Mehkana Development Corporation

› Nor-Win Construction Co. Ltd.

› Paskwayak Sand & Gravel LP

› Ross Industries Ltd.

› Submerged Underwater Services Inc.

› Under Pressure Mechanical Ltd.

ENHANCING MANITOBA HEAVY CONSTRUCTION’S EXCAVATING PRACTICES WITH E-LEARNING

Mathias Leiendecker Contributor, Craig Kelman & Associates

Since 2010, Manitoba Hydro has provided an Electric Safety Watch Program for contractors. Initially, this program was primarily used by large excavation firms within Winnipeg but was only minorly available to others due to time and travel restrictions.

Manitoba Hydro has redeveloped its Safety Watch Program from a four-day in-person training to a four-hour online module, significantly reducing damages on electric and gas utilities during excavations.

This new system has produced a massive uptake in training across the province, from just over 100 individuals qualified in the excavation sector to over 600 certified outside of Manitoba Hydro, spanning 90 companies.

Manitoba Hydro is looking to increase that number.

Since 2010, Manitoba Hydro has provided an Electric Safety Watch Program for contractors. Initially, this program was primarily used by large

Manitoba Hydro is continuing to prioritize ways to streamline and leverage technology. Morrison says that the training program’s success and the relationship between Manitoba Heavy Construction, Manitoba Hydro and the excavation community allows everyone to pivot further.

excavation firms within Winnipeg but was only minorly available to others due to time and travel restrictions. The program’s reach throughout the province was minimal, resulting in little opportunity for Manitoba’s heavy construction industry.

Manitoba Hydro’s Contractor Electric Safety Watch Program administration was moved in 2020 to Rob Morrison, Damage Prevention & Services Supervisor at Manitoba Hydro, to administer the program. Morrison quickly pivoted to seeking new opportunities due to the pandemic and numerous major excavation projects planned throughout the province.

This adjustment has proved critical to the heavy construction industry.

“We developed a hybrid training model that allowed us to adjust training to be more conducive to the industry’s needs while maintaining the program’s integrity and safety standards. Trending started to show that the more people that were able to get trained, the less damage there would be to our infrastructure,” says Morrison.

Morrison realized the program could be further enhanced by switching to an e-learning model. The professional excavating community can pre-schedule their training needs and plan their staff’s certification based on their availability. The online certification is structured in modules, followed by a review/quiz at the end of each section. The final exam is 50 questions; passing requires an 80% or higher score.

Once completed, the certification allows excavators to perform their own electric safety watch services when digging within one meter of underground distribution primary voltage (<25,000v) cables. This has been set up in four easy steps and guidelines:

1. Your company must be registered with Manitoba Hydro Damage Prevention.

2. You must have a signed contract with Manitoba Hydro outlining roles, responsibilities and performance expected by each party.

3. Once your company is registered, you can request access to the program for your staff.

4. Certifications are valid for two years, and then participants will be asked to re-certify.

Manitoba Hydro has seen a 30% reduction in electric and gas damages from the previous year.

Morrison believes this is a testament to the industry’s commitment to ensuring more individuals have proper excavation training. This has resulted in more eyes ‘on-site’ to ensure guidelines are being followed.

“The more people you can train, the more you can educate, the more opportunity out there to reduce damages,” says Morrison. “Industry bought in.

Manitoba Hydro has seen a 30% reduction in electric and gas damages from the previous year. Morrison believes this is a testament to the industry’s commitment to ensuring more individuals have proper excavation training. This has resulted in more eyes “on-site” to ensure guidelines are being followed.

LOOKING FOR MORE INFORMATION, INCLUDING WHETHER YOUR COMPANY CAN BE CERTIFIED?

Contact Rob Morrison at rwmorrison@hydro.mb.ca or Manitoba Hydro at www.hydro. mb.ca/service/permits/hot-dig.

To register your company or to request access to the training program, email the following information to sm-safetywatchcoordinator@ hydro.mb.ca:

› Company name

› Billing information

› Email address

› First and last name

› Username, if applicable, from previous writes

Company work procedures have evolved and are now mirroring Manitoba Hydro’s expectations when excavating around any of our facility types. Now the program can reach Virden, Roblin and Thompson because they can easily access the e-learning certification and documents available with the curriculum.”

“I see a lot of opportunities off of this program that we can continue to leverage to provide a better customer experience. If I can work with industry to develop mutually beneficial initiatives, I’ll advocate to move it forward. It’s a shared responsibility,” says Morrison.

“I think over the last 10 years, the most pleasant part of my job is those relationships and how we’ve transformed it to where it is today.”

EDWARD LE: WINNER OF THE WORKSAFELY SAFETY LEADER AWARD

In an industry where risks are high and safety is paramount, Edward Le, Occupational Health Safety Specialist at Heidelberg Materials, stands out as a leader dedicated to workplace safety. Winner of the prestigious WorkSafely Safety Leader Award, Edward’s efforts have transformed his organization’s safety culture, offering valuable lessons for the heavy construction industry.

Practical Solutions for a Safer Workplace

One of Edward’s most impactful contributions is the TAKE 5 Hazard Assessment, a tool that encourages employees to spend at least five minutes assessing all hazards and possible risks before beginning any task.

“We identified that ‘rushing’ and fast-paced environments often lead to incidents,” Edward explains. His initiative promotes a slower, more methodical approach, drastically reducing workplace accidents and reinforcing the importance of taking time for safety.

Leadership:

The Key to Embedding Safety

Edward believes that embedding safety into a company’s core values starts with leadership. “Management at all levels must be engaged with field staff, discussing high-risk tasks and sharing real-life experiences,” he says.

Edward’s approach fosters trust and accountability, bridging the gap between leadership and frontline workers to create a culture where safety is a shared responsibility.

Honest Engagement to Drive Change

One of Edward’s strategies for motivating employees is direct and honest

engagement. “Identify the issues, provide solutions, and explain the outcomes of decisions,” he advises. Edward emphasizes the importance of reviewing real incidents, like injuries or fatalities, to remind workers of the high stakes and drive long-term safety engagement.

Tools and Training for the Future

At Heidelberg Materials, Edward promotes a consistent safety management system that is visible at all levels. He believes training that managing workplace culture is essential and uses key moments to influence behaviour. His forward-thinking approach highlights the need for ongoing training and the adoption of new technologies to improve safety industry-wide.

Inspiring Broader Change

Though his focus is on Heidelberg, Edward sees a future role for himself as a safety consultant, advisor, or trainer. His passion for sharing best practices signals his potential to elevate safety standards across the industry.

Conclusion: Leading by Example

Edward Le’s commitment to safety leadership offers a blueprint for others in the heavy construction industry. By promoting practical tools, engaging

Management at all levels must be engaged with field staff, discussing high-risk

tasks and sharing real-life experiences.

– Edward Le

with employees openly, and leading by example, Edward proves that a strong safety culture is achievable – and essential. His work continues to inspire, reminding us that safety must be at the core of every task and decision.

WORKSAFELY SAFETY LEADER AWARD

At WorkSafely, we believe in the power of a SAFETY LEADER to foster a strong safety culture within the heavy construction industry. Leadership is not just about guiding a team through day-to-day operations; it’s about setting an example, inspiring others, and thinking creatively to solve complex safety challenges. Safety leaders play a pivotal role in protecting lives and promoting a workplace environment where safety is paramount and deeply integrated into every aspect of work.

CALENDAR OF EVENTS

WILSON HOPES TO BUILD BRIDGES BETWEEN WORKERS

AND INDUSTRY

Katie Woychyshyn Contributor, Craig Kelman & Associates

Having a guide for how to reach the job they want would help potential workers plan for the future, set goals and hit milestones. Worker development would then allow workers to grow and provide incentives to stay within the industry.

On November 22, Richard Wilson officially became the Chair of MHCA’s WorkForce Development Committee.

Wilson comes to the table with years of experience in heavy construction. He is currently the President of M.D. Steele and has been involved in building

bridges, working on infrastructure and developing institutional buildings for 24 years. He believes that heavy construction has a lot to offer.

“A lot of people join the construction industry because you can make a decent living, you can make good

money, early on,” says Wilson, adding that heavy construction is also an excellent option for those looking for a career path in a field that is constantly evolving.

Wilson hopes to focus on three pillars of workforce development:

attract, develop and retain. He wants to get people – particularly young people – excited about the heavy construction industry.

“We’re competing with other markets when it comes to labour,” says Wilson. “So it’s important to give people reasons why they should get into heavy construction.”

This may start by showing that the industry is a lot different from what it was 20 years ago. “The use of technology is becoming a lot more sophisticated in the heavy construction industry,” says Wilson. “Everything from the equipment to the surveying and the layout to the tools that we use, whether it’s an app on your phone or high-tech grade control equipment attached to a dozer.”

Wilson comes to the table with years of experience in heavy construction. He is currently the President of M.D. Steele and has been involved in building bridges, working on infrastructure and developing institutional buildings for 24 years.

Wilson hopes to focus on three pillars of workforce development: attract, develop and retain. He wants to get people – particularly young people – excited about the heavy construction industry.

This is where new workers may thrive, especially young workers. Wilson works with staff in their 20s and 30s and sees how fast they adapt when new technology is thrown their way. “I think they can see the potential. It’s part of life, and it’s something you just adapt to, just like breathing air.”

Wilson believes that it is also beneficial to provide clarity on the types of heavy construction positions available and then present a clear, concise path to pursue each position. Unlike other trades, there is no set path to advancement in the heavy construction industry, which has many options and niches.

“If a worker has been operating the highway paving machine for 25 years, obviously that person would be a certified operator, right?” asks Wilson. “But there’s no real model to get there.”

Having a guide for how to reach the job they want would help potential workers plan for the future, set goals and hit milestones.

Worker development would then allow workers to grow and provide incentives to stay within the industry.

“We want to develop these individuals into highly skilled, heavyconstruction workers. There’s a lot of skillsets required to be able to do these jobs,” says Wilson. “If we can develop these different skillsets and job descriptions, we can start attaching different types of certifications, trainings and skill development relative to whatever each job entails.”

It could allow workers in the heavy construction industry to become wellrounded and forward-thinking.

There is a lot of work to do to build up the workforce, but Wilson is excited to work with the WorkForce Development Committee. “At the end of the day, these are the people who will be responsible for building tomorrow’s infrastructure projects in all shapes and forms, whether it’s a bridge, installing a new water main system or building new roads.”

Photo Credit: Gaune Studios Photography

AWARDS BREAKFAST & AGM

November 22, 2024

Thank you to our sponsor!

WorkSafely Director Jacquelyn Oduro presents Nelson River's Ed Le with Safety Award.

MHCA Chair Dennis Cruise presents 80-Year Membership Awards to (L to R): Taillieu Construction, Nelson River Construction Inc., Maple Leaf Construction Ltd.

CCA Chair Francis Roy presents Gold Seal Certificate to Larry Jamieson, Tri-Core Projects.

CHAIR'S GALA

November 22, 2024

Thank you to our sponsors!

BYRNE

NANCY & MICHAEL

MHCA 2025 BOARD OF DIRECTORS

(Front Row, L to R): Peter Paulic, Brandt Tractor Ltd.; Chris Lorenc (MHCA President & CEO); Kevin Brown (Vice-Chair), Maple Leaf Construction Ltd.; John Highmoor (Chair), Tri-Core Projects; Dennis Cruise (Immediate Past Chair), Bituminex Paving Ltd.; Nicole Chabot, L. Chabot Enterprises Ltd.; Richard Wilson, MD Steele Construction Ltd.

(Back Row, L to R): Denis Collet, Gravier Collet Gravel Inc.; Michelle Magdic, BFL Canada; Michael Byrne,Aon Reed Stenhouse Inc.; Tony Teixeira (Secretary), J.C. Paving Ltd.; Marcel Machado (Treasurer), Nelson River Construction; Greg McKee, SMS Equipment; Tyler Bennett, Sigfusson Northern Ltd.; Alex Gray, Russell RediMix GIP Group.

Missing: Tina Larson, Lafarge Canada

2024 MANITOBA INFRASTRUCTURE AWARD WINNERS

(L to R): Water Operations Projects – PCL Construction Inc.; Minor Structures –ArmCon Ltd.; Special Projects – Strilkiwski Contracting Ltd.; Urban Works and Paving –GIP O/A Russell Redi-Mix Concrete; and Major Structures – GIP O/A Russell Redi-Mix.

MOVING THE GOAL POSTS: MANITOBA’S LABOUR RELATIONS ACT AMENDMENTS

William S. Gardner, KC, Pitblado Law, Alyssa Thomas, Student at Law, Pitblado Law & Christina Lopez, Paralegal, Pitblado Law

The Manitoba legislature passed Bill 37 last month, which significantly amended the Labour Relations Act. This included provisions for certifying a union as a bargaining agent and using replacement workers in the event of a strike or lockout.

The changes, approved as part of the Budget Implementation and Taxation Statutes Amendment (Bill 37), or BITSA, now allow:

Automatic certification without a secret ballot vote if the union demonstrates support of more than 50% of the employees of the bargaining unit –50% +1 is sufficient.

› The Manitoba Labour Board must automatically certify a union as a bargaining agent for a unit if it receives support from more than 50% of its employees.

› If the union receives support from at least 40% but fewer than 50% of employees in the unit, then the

Manitoba Labour Board will conduct a secret ballot vote for all employees in the unit.

› Further, the Labour Board can certify a union on an interim basis even if there are disputes surrounding the composition of that unit; so long as the Board is satisfied, the disputes cannot affect the union’s right to certification.

› ‘Support’ can be demonstrated by application for membership cards or by evidence of membership in good standing in the union.

Use of replacement workers during a strike or lockout is prohibited except in strictly limited circumstances.

› An employer cannot use the services, paid or unpaid, of replacement workers to perform the work of an employee in a unit that is on strike or locked out, or to perform the work normally performed by an employee in the unit that is on strike or locked out.

An employer cannot use the services, paid or unpaid, of replacement workers to perform the work of an employee in a unit that is on strike or locked out, or to perform the work normally performed by an employee in the unit that is on strike or locked out.

› An employer or a person acting on behalf of an employer who fails to comply with the prohibition on the use of replacement workers during a legal strike or lockout commits an unfair labour practice

Exceptions to prohibition on replacement workers: Very limited exceptions are made for employers to use replacement workers or others during a strike or lockout.

› Persons hired or provided to the employer before notice to commence collective bargaining was given to perform the work of or similar work to employees who are on strike or locked out may continue to be used by the employer throughout the strike or lockout involving the unit.

› The employer may use the services of persons prohibited as replacement workers strictly to deal with a workplace situation that presents or could present:

› A threat to the life, health or safety of anyone.

› A threat of destruction or serious damage to the employer’s property or premises.

› A threat of serious environmental damage.

Persons hired or provided to the employer before notice to commence collective bargaining was given to perform the work of or similar work to employees who are on strike or locked out may continue to be used by the employer throughout the strike or lockout involving the unit.

The exception for dealing with actual or imminent threats does not include using replacement workers to continue the supply of services, operation of facilities or production of goods, except if these are considered ‘essential services.’

Anti-Replacement Worker

Legislation is Complex and Untested

The legislation is complex and untested and, because violation is an unfair labour practice, an employer who runs a foul of the legislation risks significant financial and other penalties.

Accordingly, expert advice prior to a strike or lockout is recommended.

Essential services that must be maintained (subject to a two-part test):

› The employer, the bargaining agent and the employees in the unit affected must continue to provide essential services, including the supply of services, the operation of facilities or the production of goods which are necessary:

› To prevent a threat to the health, safety or welfare of Manitobans.

› To maintain the administration of justice.

› To prevent a threat of serious environmental damage.

Conclusion

Amendments to the LRA dramatically change the balance between Management and Labour.

The provisions substituting automatic certification if a card check demonstrates 50% +1 support for the union, eliminates the secret ballot vote as the standard way to test union support.

This means employee wishes will be demonstrated as a result of face-to-face interactions or evidence of membership in good standing, which could come as a result of employment elsewhere that has a collective agreement requiring membership as a condition of employment.

Employers will have to be alert to ‘hard sell’ union membership drives.

The ban on replacement workers goes well beyond what is traditionally

considered a ‘replacement worker,’ namely a person hired for the express purpose of replacing employees who are on strike or locked out. How widely the net is cast, and the application of exceptions remains to be determined.

Essential services legislation is now more extensive. It is possible that the definition of an ‘essential service’ may be met in the construction industry under certain circumstances (particularly relating to environmental damage). Again, this will have to be worked out over the coming months and years.

Bill Gardner practices in all areas of labour and employment law and is Head of the Pitblado Law’s labour and employment, and healthcare practice areas. He is also Chair of the Manitoba Employers Council.

The above summary is a précis of a more comprehensive paper, which can be obtained by contacting the author at gardner@pitblado.com.

is made possible by the companies below who convey their important messages on our pages. We thank them for their support of MHCA and its publication and encourage you to contact them when making your purchasing decisions. To make it easier to contact these companies, we have included the page number of their advertisement, their phone number, and, where applicable, their website.