A Landscape Alberta Nursery Trades Association member publication
The Next Generation of Landscape Horticulturist - The kids are all right! Arboriculture in Alberta Matters
September/October 2015 Vol. 3, No. 5
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CALENDAR
Advancing the professional landscape industry. MANAGING EDITOR | Joel Beatson LAYOUT & PRODUCTION | Kyla Hardon EDITOR | Marnie Main ADVERTISING | Erynn Watson
Landscape Alberta Green for Life is a professional publication for the landscape trade in Alberta. Editorial and Advertising Landscape Alberta 200, 10331 - 178 Street NW Edmonton, AB T5S 1R5 P: 780-489-1991 F: 780-444-2152 admin@landscape-alberta.com
Landscape Alberta does not assume responsibility for and does not endorse the contents of any advertisements herein. All representations or warranties made are those of the advertiser and not the publication. Views expressed herein are those of the authors and do not necessarily reflect the views and opinions of Landscape Alberta or its members. Material may not be reprinted from this magazine without the consent of Landscape Alberta. ISSN No: 1929-7114 (print) ISSN N0: 1929-7122 (online)
Landscape Alberta Board of Directors Chris Brown, CLP, JLG, CSO, CRS Brown Landscape Services Ltd., Chair Brian Gibson, Green Drop Lawns Ltd., Vice Chair
Steve Wheatcroft, B. Comm, ULS Maintenance & Landscaping Inc. Cody Brown, Tree to Tree Nurseries Ltd.
Jeff Oudyk, CSLA, AALA, JLG, Land Tec Landscape Contractors Ltd. Jordan Voogd, JLG, Sunstar Nurseries Ltd.
John van Roessel, CLP, CLT, JVR Landscape (2006) Inc.
September 9 & 10, 2015 CanWest Hort Show Tradex Exhibition Centre, Abbotsford, BC www.canwesthortshow.com September 23, 2015 National Tree Day www.nationaltreeday.com
September 30 - October 3, 2015 Communities in Bloom 2015 National Symposium Kamloops, BC www.communitiesinbloom.ca October 1, 2015 Soil and Compost Symposium Edmonton, AB Details TBA
October 7 & 8, 2015 Canadian Greenhouse Conference Scotiabank Convention Ctr, Niagara Falls, ON www.canadiangreenhouseconference.com October 19 - 20, 2015 2015 ISA Prairie Chapter Confernce Lethbridge, AB www.isaprairie.com
November 16 - 18, 2015 HortEast Conference & Trade Show Moncton Coliseum Complex, Moncton, NB www.horteast.ns.ca November 19 & 20, 2015 Green Industry Show & Conference BMO Centre, Calgary, AB www.greenindustryshow.com
Anita Heuver, JLG, Eagle Lake Nurseries Ltd. Landscape Alberta Staff Joel Beatson, CAE, CLP, Executive Director joel.beatson@landscape-alberta.com
Marnie Main, Member Services Director member.services@landscape-alberta.com Erynn Watson, Member Services Assistant erynn.watson@landscape-alberta.com Valerie Stobbe, Trade Show Coordinator valerie.stobbe@landscape-alberta.com Kyla Hardon, Communications admin@landscape-alberta.com
Cheryl Teo, Bookkeeper accounting@landscape-alberta.com
On the Cover 2014 Award of Excellence Winner JVR Landscape (2006) Inc. Howard Residence
The Next Generation of Landscape Horticulturist - The kids are all right, Page 7 Arboriculture in Alberta Matters, Page 9
Follow us on Twitter @landscapeab Green for Life September/October 2015 I 3
Industry and Association News...
Alberta Minimum Wage Increase Effective October 1 The Government of Alberta is making changes to the province’s minimum wage. Effective October 1, 2015, Alberta’s general minimum wage will increase as indicated below: • an hourly minimum wage of $11.20 for most employees; • an hourly minimum wage of $10.70 for employees serving liquor as part of their regular jobs (note the liquor server rate will be eliminated in 2016); • a weekly minimum wage of $446 for many salespersons, including land agents and certain professionals; and • a monthly minimum wage of $2,127 for domestic employees.
Unprofessional or intimidating behavior, by any party involved in the inspection, must be avoided. Such behavior by representatives of the contractor/developer (if unresolved on site) can cease the inspection immediately; such behavior by city staff (if unresolved on site) should be reported through an official complaint form provided by the city. This is an important addition to the process, and we ask that any complaint form submitted to the city is also submitted to the Executive Director of Landscape Alberta, Joel Beatson, so that we have a record of incident details beyond anecdotal comments. This will allow Landscape Alberta to determine patterns of behaviour and issues that need to be addressed in future standards reviews.
City of Edmonton: Memo on Inspection Site Readiness and Inspection Code of Conduct The City of Edmonton has released a memo regarding this year's tree inspection season. In an effort to increase understanding and reduce site visits, they provided details on the requirements of “site readiness” for inspections. In regard to warranty issues, they set out specific replacement ratios for projects with less-than or more-than 40 trees.
AAFC Rescinds Earlier Decision on Availability of Advance Payments Program The Canadian Nursery Landscape Association (CNLA) received the good news earlier this month that Agriculture & Agri-Food Canada (AAFC) will not require (for 2015) nursery and sod growers to participate in the AgriStability program in order to qualify for the Advance Payments Program. This reversal of an earlier decision was the result of a letter sent by the CNLA to AAFC and a subsequent conference call meeting which included representatives from industry, CNLA, Agricultural Credit Corporation and AAFC.
For more detailed information, see this document on the Alberta Employment Standards website (work.alberta.ca/documents/minimum-wage-faqs.pdf). The Employment Standards Contact Centre can be reached tollfree at 1-877-427-3731.
The memo also implements a new Code of Conduct policy intended to improve communication during inspections. It is important that contractors (and city staff) conduct themselves as the professionals they are - and recognize that this policy is a valuable tool for a successful inspection process.
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A copy of the memo and site complaint form can be accessed through the Members Only section of our website, or if you have any questions/concerns, please feel free to contact Joel at the Landscape Alberta office at: joel.beatson@landscapealberta.com or 780-489-1991.
In their announcement, AAFC acknowledged that industry was not given sufficient time to apply for the AgriStability program for the 2015 application deadlines. AAFC cautions
that this change is effective for 2015 only and they will advise the industry on decisions being made for 2016. It is hoped that program changes within AAFC will allow for other forms of security to support applications for 2016 and beyond. CNLA extends their sincere thanks to Agriculture Credit Corporation for their assistance in presenting the industry’s position to AAFC on this matter. Thanks are also extended to JC Bakker Nurseries and Eagle Lake Sod Farms for representing industry needs on this important conference call with AAFC.
Canadian Garden Council Secures MOU with China In mid-June of this year, the Canadian garden sector reached a new milestone with the signing of a Memorandum of Understanding (MOU) between China and Canada regarding the promotion of Canada’s garden experiences and positioning of the Canadian garden and nursery industry. The MOU is a tripartite agreement between the Canadian Garden Council, the Beijing Forestry Society and the Beijing Municipal Bureau of Forestry and Parks, with the vision of forging alliances to collaborate in the development of gardens and landscape spaces in their respective markets. This MOU is also a means of showcasing the expertise and wide palette of plants offered by Canadian growers.
City of Edmonton Herbicide Ban On June 23, 2015, Edmonton City Council voted in favour of a ban on herbicide use on all city land, with exemptions for noxious weed control and a list of specialized activities (effective immediately). Landscape Alberta and members of their Lawn Services Group, For more information on how your nursery along with many other concerned citizens, spent a great deal of time and effort can access interest-free operating funds through the Advance Payments Program, visit www.agcreditcorp.ca. Canada Blooms Contest for Garden Centres Over 450 retail garden centres will have the opportunity to promote a contest to their customers this season– the prize is a trip for two to visit Canada Blooms, March 11 - 20, 2016 in Toronto.
From July 1 to October 31, 2015, your garden centre will have the opportunity to take part in the Canada Blooms contest, which sends one lucky winner to Canada Blooms on VIA Rail and includes three nights at the InterContinental Hotel in Toronto. Each garden centre also receives two tickets to give away in-store.
Canada Blooms will promote all participating garden centres on their site – another great way to showcase your store to gardening enthusiasts! This free opportunity is for Garden Centre Canada members only. Contact Claudia at the CNLA office for more information or to sign up: claudia@cnlaacpp.ca or call toll-free 1-888-446-3499 ext. 8635.
Mark’s WorkWearhouse ImageWear Discount Cards The Mark’s WorkWearhouse ImageWear 10% discount cards formerly available through Landscape Alberta expired as of June 30, 2015. Mark’s currently offers a 15% discount coupon program to association members across the country through an agreement with the CNLA. The coupon/card is available in digital format and will be emailed to members upon request – contact the CNLA member services team at memberservices@cnla-acpp.ca.
Green for Life September/October 2015 I 5
attempting to educate city council regarding the relative safety of registered herbicides and the benefits of wellmanaged green infrastructure – to no avail. The motion exempts noxious weed control (as required by the Provincial Weed Control Act) along with many of the city’s most common uses for herbicides, including LRT line and right of ways, storm water retention ponds, golf courses, various levels of sports fields, and civic/public event spaces.
Landscape Alberta members with current development projects that include the “maintained weed free” clause will not be affected by this recent motion as any work “pre-Final Acceptance Certificate” is considered exempt. For those contractors providing services to Community Leagues or Home Owner Associations, it will be necessary to determine which areas of the property are city-owned and which are titled to the third party. Members are advised to work with the City of Edmonton and the third party to clarify property rights prior to beginning service. Council has requested that city staff provide a report on improving and expanding horticultural practices in the city to maintain quality standards for their wide variety of land uses. Also, as part of this process, Landscape Alberta’s Executive Director appeared on CTV’s Alberta Prime Time program to discuss the issue – see the video online at http://alberta.ctvnews.ca/video?clipId=643696.
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Save the Date for Soil The United Nations has declared 2015 the International Year of Soils. Landscape Alberta, with support from both the City of Calgary and City of Edmonton, will be hosting a Soil and Compost Symposium on October 1, 2015 in Edmonton.
Ron Alexander and Britt Faucette, Ph.D. will be leading discussions on the benefits of improving municipal soil and compost standards. The symposium will also address best practices in soil standard management and encourage open dialogue between municipalities, developers, landscape architects and contractors towards developing modern soil and compost standards for Alberta. Event details will be announced soon. Please contact Landscape Alberta for more information at 1-800-378-3198. Dutch Elm Disease Found in Saskatoon In late July, one case of Dutch Elm Disease was confirmed within Saskatoon city limits. The infected tree was immediately removed and the area will face increase monitoring to ensure the disease has not spread. This is the first reported case in Saskatoon and the city’s actions will help us learn best response techniques if or when the disease makes it across the Alberta border.
National Tree Day is September 23 On September 23, plan to take a moment to reflect on the many benefits that trees provide. Celebrate this valuable natural resource by hosting a planting event, holding a sale or helping to educate others. To increase your event's exposure, you can register at www.nationaltreeday.com.
The Next Generation of Landscape Horticulturist - The kids are all right! Have you considered the advantages of training an apprentice? According to the Canadian Apprenticeship Forum, employers could see big potential payoffs - up to $1.47 average return for each dollar invested in apprenticeship training. Other advantages include: • Employee retention • Improved performance quality and productivity • Industry recognition
completion grants, scholarships, and pay increases. Along with that, I got to learn things in school that I could then apply that summer while at work. Also, doing only two months of school at a time really appealed to me, even though I ended up doing all my semesters back to back.
Landscape Horticulturist (formerly Landscape Gardener) is a certified trade in the province of Alberta; the apprenticeship training program is delivered (as directed by the government) through Olds College. The program offers hands-on learning techniques in both hard and soft landscape skills including pavers, wood construction, plant identification, landscape design, and more. Students apprenticing as a Landscape Horticulturist may also have the opportunity to participate in the Skills Alberta and Skills Canada competitions. These exciting trade and technology competitions for students and apprentices across the province and the country, provide a forum for apprentices to compete and highlight their trade, providing hands-on demonstration of skilled trades and technology careers.
During the two-day competition, each student (or team) must complete a project that has been designed by experts in their trade/technology. Participants who place first at their provincial event earn a spot to represent Team Alberta at the National Skills Competition that same year.
To gain a better understanding of the Landscape Horticulturist apprenticeship program, and what it means to compete in the Skills program, we interviewed Jeff Oostlander and Joshua Van Hierden, apprentices and 2015 Skills Canada gold medal winners, as well as Stephen Carlton, Skills Alberta and Skills Canada Landscape Gardener Chair, certified journey person, and graduate of the Olds College program.
What attracted you to a career in landscaping? Jeff: Upon completing high school, I knew I wanted a job where I could be outdoors. I liked being able to see results at the end of the day. Landscaping seemed like a good choice. Josh: My current boss asked me to help him out once when I was 14. I have been working for him since. The career aspect of it came along when I grew up and needed something to do long-term, and I liked landscaping, so I stuck with it. How did you start in the apprenticeship program? Jeff: My boss was a journeyman and had completed the apprenticeship a few years prior. He highly recommended it and helped me get started. Josh: I started apprenticing after I finished school and needed something to do in the winter. Apprenticeship had a lot of financial perks to offer such as Employment Insurance benefits while in school, Government incentive and
What do you see is the greatest benefit to apprenticeship? Jeff: Working throughout the summer you learn how to do a lot of things. Apprenticing and attending college makes you realize why things are done the way they are. It's a great advantage to bettering landscapes when you can fully understand what's going on. Apprenticing also makes you more valuable to a company. That's a great benefit for owners. Josh: I believe that the greatest benefit to apprenticeship is the confidence it instills in you. It helped me to really understand that I am good at something and can apply my knowledge in real world situations. Stephen: I think the greatest benefit to apprenticeship is the training itself. Having a chance to learn on-the-job techniques in your chosen field. As well, the book/classroom setting provides confidence, contacts and a range of knowledge that sets new apprentices up for success.
Tell us about representing Alberta at Skills Canada? Jeff: Going into the competition in Saskatoon we weren't really sure what to expect. Personally, I was kind of nervous, but once the competition orientation was completed and competition started, it was just another day at work. It's the same stuff we always do. We knew what was expected of us and just had to do our best. Meeting other competitors was also really fun. We had a couple of group activities and spent a lot of time together. Josh: Representing Team Alberta was an awesome experience. The energy, the feeling like you’re part of something more was amazing; it really helped me try harder and push more, knowing that I was on Team Alberta! When everyone was going up to the podium to receive their medals, it gave me a sense of pride for our province - this was magnified when we got called up to the podium! Green for Life September/October 2015 I 7
“Skills competition is changing the stigma attached to blue collar jobs and teaching kids that being skilled in a trade is something to be proud of and aspire to, not as a fall back career, but a as a lifelong passion.” – Stephen Carlton, Skills Alberta Chair and Skills Canada Co-chair, Landscape Gardener
Tell us about your involvement with Skills Alberta/Skills Canada and why Skills is important to you and the industry. Stephen: I got involved with Skills in 2008, competing in the provincial landscape gardener competition in Calgary, then again at the national competition 2009 in PEI. I joined the provincial technical committee for landscape gardener in 2010 and became national technical committee representative in 2012. The Skills organization is vital to the recruitment and growth of all trades. Getting young people involved and engaged in their future early on provides them with the best career start possible, and provides the industry with eager and educated young minds.
representing your school, company, province and country. It gives you a sense of pride and accomplishment that is described only by professional athletes after a championship match.
What advice do you have for other young people starting their career in landscape horticulture? Jeff: Work hard and stay committed. There are many opportunities out there for people with a journeymen skill set. Josh: Advice for others? Maybe to refrain from doing the technical training part of the apprenticeship program back to back. I felt The Skills competition provides a stage to show off your trades talents to peers like I could have retained more knowledge and potential employers. It also challenges you to give your absolute best while from the training had I only done one semester at a time rather than two. This could give you a chance to apply your skills during the summer and also be a little more eager to come back! Other than that, try hard and get educated.
Setting up an apprenticeship training program is easier than you think - there are a plenty of resources available to employers (and employees) with information on everything you need to know about hiring and training an apprentice. • Canadian Apprenticeship Forum (caf-fca.org) • tradesecrets.alberta.ca • apprenticeshippays.com • Olds College (oldscollege.ca) • Alberta Learning: alis.alberta.ca/ps/ep/pps/apprenticeship.html Thank you to Jeff, Josh and Stephen for providing their insight and enthusiasm for the trade. Keep our industry strong, knowledgeable and professional – consider training an apprentice, or becoming one yourself.
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Other Links www.skillsalberta.com www.skillscanada.com
Arboriculture in Alberta Matters!
Laurie Newsham, Arboriculture Instructor, School of Animal Science and Horticulture, Olds College A little more than eleven years ago, Alberta acknowledged an occupation that was previously unrecognized, yet was practiced every day by dozens of people throughout the province. Few Albertans actually knew what an arborist was. That all began to change when Part 39, Tree Care Operations became a part of the Occupational Health and Safety Code on April 30, 2004. Even so, many people who hire arborists are unaware of Part 39 and as strange as it might sound, some of those practicing the art and science of arboriculture in this great province are also unaware of it. In order to have safe, knowledgeable arborists working on your trees, they need to know all about Part 39.
Section 792 is the application of Part 39 and reads, This Part applies to arboriculture activities that involve pruning, repairing, maintaining or removing trees or cutting brush if a worker works at height and depends on the tree for support. There are rules to follow if arboriculture activities are to occur safely. If the arborist hired is unaware of these rules, then there is a risk that he or she could be injured or damage property. The person or organization that did the hiring could be held responsible for the care of the injured person if Worker’s Compensation Board insurance was not in place. Of course, there is no guarantee that a worker who knows and follows the rules that apply to arboriculture activities is automatically a bona fide expert on tree care. However, it might be an indicator that the arborist does know what he or she is doing. Included in Section 793 is the requirement that the employer must develop and implement safe work
practices and procedures that include the assessment of hazards at the work site. The Explanation Guide further details what this would look like.
Hazards specific to tree care operations that need to be considered in the hazard assessment include: (i) condition of the root zone e.g. cracks, lack of root flare, soil mounding; (ii) condition of the tree trunk e.g. cracks, loose bark, swellings or depressions; (iii) condition of the tree crown e.g. lodged branches, dead branches, stinging insects, electrical conductors; (Check out Part 39 to see more hazards – link below).
A knowledgeable arborist will know what a root flare is, why soil mounding might be problematic, when loose bark is a concern, and where cracks in the tree are indicating a risk of failure. Knowing the rules and seeing them applied correctly helps identify the bona fide expert. Indeed, many other parts of the Code apply to the work that an arborist does but Part 39 recognizes the specialized nature of Tree Care Operations just as Part 31 does for Diving Operations and Part 36 does for Mining. The Occupational Health and Safety Code can be found and searched here: http://work.alberta.ca/SearchAARC/38.html
The Explanation Guide for Part 39, Tree Care Operations can be found at: http://work.alberta.ca/documents/WHSLEG_ohsc_p39.pdf
Call for Entries! Showcase your expertise and creativity... Enter the 2015 Landscape Awards Early Bird Entry Deadline: October 23, 2015
Information and entry package available at www.landscape-alberta.com or email admin@landscape-alberta.com Green for Life September/October 2015 I 9
The Plight of Horticulture Education I am a horticulturist and I feel privileged to be one.
When I first got the opportunity to teach horticulture, I felt honoured. I also felt it was my duty to impart the love of plants, environment and the planet that I have been so privileged to enjoy. I soon realized this was harder to do than I might ever imagine.
Initially, I thought it best to attract students by enticing them with the lure of equipment. What 15-year-old wouldn’t want to strap 20 lbs of screaming metal on their back and blow leaves, or drive a tractor? I soon realized that it is far more than that, and the industry needs to do more to attract the right people.
So what is the problem with getting the right people into horticulture? In a word, affluence. We live in a country which is very affluent, despite what people might say about taxes, health care or general government spending. With affluence comes a culture of entitlement. My parents were part of the post-war boom in which you didn’t need to have a university education to succeed. It was a time when factory workers not only made a living wage, but a really good one. Despite this, my parents also grew up in a time when thrift and hard work were also valued. They were able to impart these values to me. But this was an artificial economy, which could not be sustained, as demand for consumer goods rose and unions demanded higher and higher wages. Resources became more expensive, manufacturing jobs went overseas and service industry jobs were farmed out to the least skilled or most eager to work. In some cases, migrant workers, who had ample motivation to work for wages lower than Canadian workers, took up the slack. It was in this economy that I emerged as a fully-fledged horticulturist from the Niagara Parks School of Horticulture. Contrary to the rhetoric of the school at the time, I could not “name my price” and there were scant municipal or government jobs that paid what I expected.
I opted to start my own business. That was something I was ill-prepared for, and ended the way one might expect of someone who was not prepared for the business world. I learned a lot though, and these are lessons I teach my students every day.
I did not, because of my parents, grow up to feel I was entitled. Yet I still feel that the industry that I love does not do enough to pay a living wage. Not everyone needs to make a $100,000 salary, but at the same time everyone deserves enough to be happy. My point is that there is a disconnect between what the industry pays and what the labour is worth. Perhaps it is because the old adage, “Everyone is a gardener,” applies.
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Perhaps it is because the industry does not sell itself as a skilled trade.
When I think back to my years as a renovator, I realize that I had no difficulty in charging rates that far exceeded what I made as a landscaper, despite the fact that I had far lower overhead. Maybe that was because things like electrical wiring and plumbing had a greater mystique for homeowners than grass cutting and retaining walls, or maybe it was because we, as an industry, had not done a good enough job of selling the mystique. Landscaping is hard work and it should be paid for.
Hard work, low pay and seasonal employment are hardly things I would use to persuade my kid to do this for a living, and yet I know there is so much satisfaction from seeing a yard transformed, a well-pruned hedge, or retaining wall built. That is enough for most people, if they have money in pocket. I know that there are viable jobs for all the kids I teach, but if you really want them to choose landscaping over a BA, then you have to deliver on several fronts. These include: • Cultivate a culture of education in your company for your employees and your customers. When your customers see how much actually goes into maintaining or building their garden, they will probably want to pay you more, maybe as much as arborists. Swinging from a tree with a chainsaw in hand looks like the stuff most homeowners would be glad to have someone else do, whatever the cost. • Embrace the apprenticeship program. I know I had enough paperwork with employees, let alone dealing with the apprenticeship board, but you receive a tax credit. It’s up to $2000 per year for each eligible apprentice who completes in-class training and you get and retain skilled workers by doing so. Visit http://bit.ly/1LZX5kC for more information. • Understand that you are dealing with parents who still view this industry as low rent and dirty work, seasonal and not viable, or simply blue collar. • Work ethic is not something that can be taught in schools. You have to do it because school is not real life, but your workplace is. As a teacher, 75 minutes a day is not enough to teach work ethic. • Pay and promote workers in your company. People you have trained will stick around, because they know there is a chance for upward mobility. • Find ways to keep the money flowing during seasonal lulls by keeping skilled workers on the payroll through snowplowing, taking on seasonal work, profit sharing or moving into related trades. • Sell the trade as a trade. You do not just cut grass or lay pavers, you are a professional and deserve to be treated as such. Remember, if your customers could do it, then they wouldn’t hire you. • Demand horticulture education in schools. Construction
•
classes exist in almost every high school, but horticulture runs in only a handful. For more information on horticulture and apprenticeship programs, visit the CNLA website at http://bit.ly/1LZWm2X.
Many of you reading this already do many of these things, but ask yourself which of the things on the list you could do a better job of, and if you could, how would it change your business, your life, your everything. Jake Kurtz NPD Horticulture and landscaping teacher Saltfleet District High School, Hamilton, ON
Reprinted with permission from Landscape Ontario Green for Life, June 2015.
In Memoriam
Albert John Bergsma passed away suddenly on August 4, 2015 surrounded by his family. Albert was born in Leeuwarden Friesland, Holland and immigrated to Canada with his parents in 1953. Al married Shirley Wadman in 1970 and after living in Edmonton, Carvel and Spruce Grove, in 2004, they moved to Rocky Mountain House. Al was an entrepreneur and business man. He had his own trucking company at the age of 18, started Soils West, and was partner in Land Tec Landscape Contractors. In 1989 he joined Great West Life Assurance and established Main Street Financial and then Rocky Ridge Financial when he moved to Rocky in 2004. A Celebration of Life was held at the First Christian Reformed Church on August 10, 2015. In lieu of flowers and gifts, donations can be made to The Heart and Stoke Foundation or West Country Family Services Association of Rocky Mountain House.
New Members Welcome to our
Green Haven Contracting Inc. Jason Lavender 230 Sioux Road Sherwood Park, AB T8A 3X5 Tel: (780) 416-9000 Fax: (780) 665-7464 jason@seinc.ca www.strathconaexcavating.ca Green for Life September/October 2015 I 11
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Defining Responsibility: Creating a Clear Snow Contract will Avoid Disrupted Work By Robert Kennaley
Disagreements and claims relating to changes in the work can lead to significant disputes under all contracts, and winter maintenance contracts are no exception. Since disagreements and claims can arise in many different ways, managing the risk of change is something contractors should think about from the time they start negotiations to long after the work is done. As a starting point, many disputes over changes arise because the original scope of work is not clear: the client says the disputed work is “included,” while the contractor says it is an “extra.” Any ambiguity in a contract will generally be interpreted against the person who drafted it. If the contractor has drafted the contract and presented it to his client, any vagueness or ambiguity will generally be interpreted in favour of the client, so long as the client’s proposed interpretation is reasonable.
It is important for contractors to make sure their contracts are sufficiently clear and detailed to leave no question about what the contractor is, and isn’t, required to do. With respect to winter maintenance, this is particularly true in relation to who decides when, where, and how much ice-melting product is to be applied in any particular circumstance. As a starting point, winter maintenance contracts should clearly specify who is to make these decisions. Contracts must specify who assumes risk If the contractor is to assume risk, he or she should be given the discretion to make decisions, without limitation, unless the contract says otherwise. In the case of winter maintenance, the contractor should be paid for all ice-melting product used. Contractors should not let the owners pass on the risk of the slip and fall to them, nor limit their ability to manage that risk by applying ice-melting products as they see
Green for Life September/October 2015 I 13
fit. If the owner wants to limit, in any way, the contractor’s ability to apply ice-melting products, the contract should require the owner to assume the risk of that decision.
Where the contractor is to be “on-call” with respect to the application of ice-melting products, or where the application of these products is to be an “extra,” the client generally makes the call as to when and how they are to be applied. This should be made clear in the contract. The contract should include terms and conditions that confirm the client retains the sole responsibility to monitor the weather conditions in the vicinity of the premises and determine if and when a request for the application of ice-melting products should be made. The client can choose to specify, in advance, that the contractor will apply ice-melting products only in certain circumstances, for example: when the contractor attends to clear snow. Also, the contract can treat other requests for the application of ice-melting products as an extra under the contract, on a by-request basis. (Once a request is made, the contractor should have discretion to put down as much of the ice-melting product as he or she believes is appropriate).
The on-call/extra request should be outlined in the contract and should require that the request be submitted in writing prior to the work being performed - email and text technology should be available to meet this requirement. Requests should also be clear and unambiguous. Utilizing a pre-arranged format for the form of the request is advisable.
Set out reasonable response times The contract should generally only require the contractor to respond to such a request within a reasonable period of time. The contractor should not guarantee or imply they will respond within a specific time frame unless the contractor is being paid to be on-call, 24/7. This is because the contractor’s response time will generally depend on the timing of the request, the weather and driving conditions, and the volume of work the contractor is committed to elsewhere. Contractors who are concerned that they may not be able to meet the client’s needs upon such a request should immediately advise the client (preferably in writing) that they cannot reasonably respond until a certain time. Often, clients who are concerned about the cost of winter maintenance services under an all-inclusive contract will approach the contractor with a request to limit the application of ice-melting products to particular quantities or circumstances. When this occurs, the contractor should only agree to then assume full responsibility to decide when and if ice-melting products should be applied. The contract should then be formally amended to impose this risk on the client. Also, the contractor should be aware that, generally speaking, he or she will be entitled to the lost profits that would have been earned had the services not been removed from the contract. Last, in relation to extra work, and as is the case with all 14 I Green for Life September/October 2015
winter maintenance services, the contractor must prepare and engage a reasonable system to meet his contractual obligations and keep good records to be able to prove, if necessary, that his or her contractual obligations were met. Robert Kennaley has a background in construction and now practises construction law in Ontario. This material is for information purposes and is not intended to provide legal advice in relation to any particular fact situation. Reprinted with permission from Landscape Trades magazine.
Members of Landscape Alberta can access a sample standard snow and ice contract in the Members Only section of our website www.landscape-alberta.com. Forgot the password? Email admin@landscape-alberta.com for login details.
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Network Like a Pro by Barry Siskind One of the highest ranking reasons that attendees identify for visiting an exhibition or event is their ability to connect with high value people. This rationale is at the heart of any trade event which has buyers and sellers from a broad geographic reach under one roof for a finite amount of time. Networking always has been and will continue to be what trade shows are all about.
With the advances in technology, which seems to have moved people away from face to face contact, the need to network in person has never been greater. Yet, meeting strangers is, for many people, on the top of the list of social fears. These people ignore the potential benefits of networking and use excuses like: “I don’t want to seem pushy.” “I’m not a sales person.” “I hate when strangers try to pressure me.”
Networking isn’t just about finding people to sell stuff to, it is about building solid business relationships. Networking is also not just for sales people, everyone does it at some time whether they are at work, home or at a trade show.
How do you network effectively? Here are six points to follow to add value to your networking activities at your next trade show. 1. Remember that networking is a two-way street Whenever someone asks you about your service, product, or business, be sure you ask them about theirs as well. You can start from the basics. What company do they own or work for? How they are affiliated with it? Who are their clients? Once that's said and done, find out how you both can benefit each other.
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2. Create a networking strategy Before you and your team go to a show, get together and discuss your strategy for meeting people. If you are an exhibitor you will meet many people at the booth but the show offers many more places such as hospitality areas, hosted events, ceremonies, lounges, registration desk and participating hotels. Since each member of your team has different contacts, talk about who you know and who you are looking to speak with so each member of your team can be vigilant for contacts for each other. 3. Understand the event’s visitor profile Your show manager will have provided a summary of attendees from previous years. This information will help you save time. Your company has invested significant resources in your trade show so you want to ensure that you and your team spend the bulk of your time with high-value contacts. Much of who these contacts are can be gleaned from reviewing the summaries posted by show management.
4. Understand your team’s weaknesses and strengths. Some of us are more comfortable in a hospitality setting where people are mingling. Some of us are better engaging strangers at the booth. Others find it easier to strike up a conversation in a non-business setting like at a restaurant. When you understand your team’s individual preferences and have a list of the people each of you want to make contact with, you become a more effective unit working in complete harmony.
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5. Create an informal mentoring program One of the best tools for improving personal behaviors is through the development of a mentoring program. Initially you can ask for volunteers among those people familiar with the show who can take the first-timers under their wing while helping them adjust to the challenge and hone their networking skills. 6. Don't burn bridges A trade event is filled with people from your industry. They may not be interested in purchasing anything from you now but you never know what their needs may be in the future. While you are focused on high-value contacts, don’t ignore the future potential that everyone you meet holds.
Talking to strangers may not be the most comfortable thing to do but with a little planning you can make the process a lot easier. Remember, you are not alone. It’s a safe bet that the majority of the visitors you meet at a show are also uncomfortable with meeting strangers. Your approach may be welcome relief.
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Middle: Jim Wotherspoon
Helmut & Jane Huebner Hans Bron and Denny Mesluk
L-R: Len Novak, unknown, Phil Paxton
A look back at our association
Best-in-the-West Trade Show, Calgary, c.1980s
L-R: Mary Ann Bron, Al Barclay, Judy Barclay; LANTA Convention 1983
Gloria Beck and Arnold Heuver
18 I Green for Life September/October 2015
Nigel Bowles; Test & Drive Day, Grande Prairie
The people in these photos have been identified to the best of our ability. If we have made an error or if you are able to identify someone in a photo, please email admin@landscape-alberta.com, so we can update our records.
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