Road2Growth Issue 2 2025 by Kelman & Associates

LEAVING A LEGACY BUILDING A FOUNDATION,

BUILDING A FOUNDATION, LEAVING A LEGACY

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

Peter Paulic Brandt Tractor Ltd.

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 SPRING STORM CALLS FOR STRONG ECONOMIC LEADERSHIP

This spring has been marked by a flurry of tariffs, escalating trade tensions and sweeping policy shifts, signaling a turbulent new chapter for global commerce.

We’re still living through “unprecedented times” – a phrase that remains just as relevant now as it was five years ago during the height of the COVID-19 pandemic, though for very different reasons.

In the span of mere months, Prime Minister Justin Trudeau resigns under pressure, US President Donald Trump imposes unjustified tariffs, Mark Carney becomes Liberal leader and, in less than eight weeks and seemingly against the odds, returns the party to power.

We’re deep into a trade war with a country that was once our closest ally. Our relationship with the United States has changed forever. No part of Canada –region, jurisdiction, or sector –is immune to Trump’s global trade war. Today’s global trade crisis, marked by rising protectionism, geopolitical tensions and weakening international institutions, contrasts sharply with the cooperative spirit that shaped the post-WWII world, including the formation of NATO.

In that earlier era, leaders like Lester B. Pearson championed multilateral diplomacy and the creation of rules-based systems to promote peace and stability.

Canada must work, now, to protect its economy and emerge from this storm stronger. It must realign its internal and global relationships.

Our industry, as part of a national effort, has suggested to each level of government, a four-pronged approach to reduce reliance on the US market and provide recovery and stability.

› Eliminate internal trade barriers costing nearly $200 billion annually in lost opportunities.

› Ensure we move our oil, gas, LNG, minerals, related resources and products to markets east, west and north – like the Port of Churchill.

› Harness existing trade agreements and engage with more countries for new markets; and

› Ensure we can move product efficiently. To do so, we must strategically invest in Canada’s trade gateways and corridors as called for in the July 2023 resolution of the Premiers’ Council of the Federation.

The Premiers’ Council endorsed the principles of the Canada Trade Infrastructure Plan, a strategy to invest in shovel worthy, not just shovel ready projects.

Its criteria would prioritize projects that offer national and global trade-productivity gains, maximizing the economic return to our GDP. In Manitoba, think an all-weather road to Churchill, Chief Peguis Trail extension, Route 90 enhancements, St. Norbert and Headingley by-passes –just to name a few.

Absent a strategy to diversify trade and grow our economy, Canada will be unable to recover from this trade war.

But the decisions are not just required at the national level.

Municipalities and provinces must together work for shared economic growth, making clearer their individual service roles and responsibilities. There must be a new fiscal deal that links investment, risk and revenue.

In that regard, we champion three key recommendations, the required political support for which is growing:

First, we call on the City of Winnipeg to appoint a Chief Economic Development Officer at the ‘C’ suite level to champion economic growth policies, reporting to a Council committee charged with a similar mandate.

We also need to press the Province of Manitoba to launch a review to redefine program service-delivery responsibility between Winnipeg and Manitoba, with appropriately identified revenue streams.

And, concurrently, press the province to negotiate a new fiscal deal, exploring new revenue sharing and sources like replacing property taxes with municipal personal and corporate income taxes.

There are two preconditions underpinning the above: it must work for Manitoba as the senior level of government; and municipalities, as now, cannot run operating budget deficits.

No one asked for a trade war, but it’s on us to make sure Canada – working with its provincial and municipal partners –comes out of it strong.

It is time for boldness from all levels of government.

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

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

CALENDAR OF EVENTS

Be sure to read the Heavy News, check out www.mhca.mb.ca, 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.

Consulting engineers can make a valuable contribution to projects at all stages of development, from determining and defining the scope and setting preliminary budgets, through to commissioning of the completed works.

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.

Welcome New Members!

PROMPT PAYMENT SETS NEW BAR FOR GETTING PAID

The Act sets out timelines for each party in the construction chain to make payment. In certain circumstances, these timelines can be suspended by the issuance of a “notice of non-payment”. The timelines for both are very important to be aware of.

PROMPT PAYMENT

The Builders’ Liens Amendment Act (Prompt Payment) (the “Act”) and associated Regulation came into force on April 1, 2025. The Act imposes deadlines for each party on a construction project to remit payment down the construction chain.

Who does prompt payment apply to Prompt payment applies to applicable construction contracts entered into on or after April 1, 2025 that are subject to the lien and trust remedies under the Act.

Construction projects on reserve lands, federal government projects, Manitoba Hydro hydroelectric projects, and highways and bridges owned by Manitoba (i.e. Manitoba Transportation and Infrastructure projects) are excluded from the prompt payment regime prescribed by the Act.

Starting the clock – a proper invoice

The issuance of a “proper invoice” by a contractor to an owner triggers payment obligations and timelines. A “proper invoice” is a defined term in the Act and must include not less than the following information:

› the contractor’s name and address;

› the date of the invoice and the time period during which the work, services or materials were provided;

› information identifying the contract or other authority under which the work, services or materials were provided;

› a description of the work, services or materials that were provided by the contractor and its sub-contractors, including quantity if appropriate;

› the amount invoiced for the work, services or materials that were provided and the payment terms; and

› the name, title, telephone number and mailing address of the person to whom payment is to be sent.

Prompt payment timelines

From owner to contractor:

An owner must pay the general contractor 28 days after a proper invoice is given to the owner. If the owner disputes any amount owing, they must issue a notice of non-payment to the contractor within 14 days of the date the proper invoice is issued, or the amount will be deemed to be owing.

From contractor to subcontractor:

A contractor who receives payment from the owner (in whole or in part), must pay its subcontractors within seven days of receiving payment. If the contractor does not receive payment from the owner, or receives only partial payment:

› The contractor must issue a notice of non-payment to its subcontractors within seven days of receiving a notice of non-payment from the owner.

› In the event of a partial payment, the contractor must pay its subcontractors the amount received within seven days, however:

› If the amount withheld by the owner relates to an identified dispute involving one or more subcontractors, then the remaining subcontractors must be paid without reduction; or

› If the amount withheld by the owner does not identify a disputed subcontractor, then the amount received by the contractor must be paid to all subcontractors on a proportionate basis.

If the contractor disputes any amount(s) owing to its subcontractor(s) (regardless of amount received by owner), the contractor must issue a notice of nonpayment to the subcontractor(s). If the owner does not pay the contractor within the 28-day period, and the contractor does not issue a notice of non-payment, the contractor must pay the subcontractors within 35 days of giving the proper invoice to the owner.

From subcontractor to sub-subcontractor:

A subcontractor who receives payment from the contractor (in whole or in part),

Bailey J. Harris

Thompson Dorfman Sweatman LLP

If a party disputes an amount claimed and/or wishes to suspend payment obligations, they must provide a notice of non-payment. Notices of non-payment can be issued if a party disputes the amount claimed, or if that party itself has not received payment for the amount claimed.

must pay its sub-subcontractors within seven days of receiving payment. If the subcontractor does not receive payment from the contractor, or receives only partial payment:

› The subcontractor must issue a notice of non-payment to its subsubcontractors within seven days of receiving a notice of non-payment from the contractor.

› In the event of a partial payment the subcontractor must pay subsubcontractor the amount received within seven days, however:

› If the amount withheld by the subcontractor relates to an identified dispute involving one or more sub-subcontractors, then the remaining sub-subcontractors must be paid without reduction; or

› If the amount withheld by the subcontractor does not identify a disputed sub-subcontractor, then the amount received by

the subcontractor must be paid to all sub-subcontractors on a proportionate basis.

If the subcontractor disputes any amount(s) owing to its subsubcontractor(s) (regardless of amount received by owner), the subcontractor must issue a notice of non-payment to its sub-subcontractor(s). If the contractor does not pay the subcontractor within the 28-day period, and the subcontractor does not issue a notice of non-payment, the subcontractor must pay the subsubcontractors within 42 days of the proper invoice being given to the owner.

Notice of non-payment and adjudication

amount claimed. The forms for this notice requirement can be accessed on the Manitoba Prompt Payment Adjudication Authority website (www.mppaa.ca).

The Act has established an adjudication regime as a means of providing “prompt” resolution of payment disputes on construction projects. Disputes relating to the following matters may be referred to interim, binding adjudication under the Act:

› a dispute that is the subject of a notice of non-payment given by the owner, contractor or sub-contractor;

› a failure to submit a proper invoice;

› a failure to make a payment in accordance with the prompt payment provisions;

› a dispute in respect of the valuation of work, services or materials provided under a contract or sub-contract;

› a dispute in respect of a payment under a contract or sub-contract, including in respect of a change order, whether approved or not, or a proposed change order;

› a dispute in respect of a set-off; and

› a matter agreed to by the parties to the adjudication.

For more information about prompt payment adjudication, including information about the fees and the list of adjudicators, visit www.mppaa.ca

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BUILDING A FOUNDATION, LEAVING A LEGACY

Adriana Mingo Manitoba Heavy Construction Association

From the Red River Floodway to the Z-dike to Portage & Main to CentrePort Canada – our province has a rich history for innovative construction projects that shape our fabric.

And it has all been built off the backs of the heavy construction industry.

“Our industry is the backbone of progress – the foundation of every bridge, building and road that brings communities to life,” said Chris Lorenc, MHCA President & CEO. “We’re first on site of any monumental project – big or small – that shapes Manitoba’s identity.”

The Portage & Main intersection is a key part of Winnipeg’s narrative. It has played a key role in the city’s physical and cultural landscapes – and truly is iconic.

Pedestrians have not been able to cross the intersection at street level

since 1979. After years of chatter about reopening the intersection, in March 2024, Winnipeg City Council voted to reopen Portage & Main to pedestrians.

Last fall, the City awarded the project tender to M.D. Steele, with work beginning in November.

‘The general public thinks – for the most part – that we just went in and removed a bunch of barriers,” said Richard Wilson, President, M.D. Steele.

“There’s a lot more to it.”

The project’s scope includes removing the concrete, including the barriers, rebuilding it, bringing signaling up to today’s standards, waterproofing, utility work – all with a deadline to complete the project by the end of June. The project also includes work underground in the concourse, which is used as the alternative route to cross the iconic intersection.

“This is a very old intersection. The concourse is old and there’s been a lot of sub-surface changes over the years,” said Wilson. “You can equate it to renovating

an old house in Wolseley – you have a pretty good idea what you’re going to run into, but you don’t really know for sure until you start opening it up.”

Wilson notes that when they bid on this project, they were a little nervous. Knowing how high profile and intricate the project is, there’s a lot of elements to coordinate, but the tone quickly shifted to excitement.

“We’re excited because our attitude is always ‘what can we do to make this project better?’” he said.

The project’s initial iteration has roots not only in our province’s history, but in M.D. Steele’s as well. When the City closed the intersection to pedestrians, a national company called V.K. Mason built the underground concourse. V.K. Mason’s regional manager in Manitoba was Maurice Steele, who later started M.D. Steele. Now, in 2025, the project has come full circle as M.D. Steele is working on the concourse, but this time to do structural concrete repairs.

“There’s a very difficult schedule to maintain but at the end of the day,

Photo credit: Journeyman Marketing/M.D. Steele

Our industry is the backbone of progress –the foundation of every bridge, building and road that brings communities to life. We’re first on site of any monumental project –big or small – that shapes Manitoba’s identity.

– Chris Lorenc, MHCA President & CEO

it’s a high-profile job and everyone is watching,” said Wilson. “There’s been a lot of effort from the project team” to stay on track.

M.D. Steele has worked on many other projects that stand out as part of the province’s history – like the CancerCare building, Provencher bridges, bridges over the Floodway during its expansion and the St. Andrew’s Lock and Dam rehabilitation.

“I think this is a great thing that we can look back on and can add to our list of very cool projects that people will talk about for years to come,” said Wilson.

The Red River Floodway, an artificial waterway and another notable Manitoba

project, was built after the devastating 1950 flood. The 47-kilometer diversion channel was built to protect Winnipeg from flooding by redirecting excess water around the city. Completed in 1968, it has since prevented billions in flood damage.

For L. Chabot Enterprises, the Red River Floodway is more than just a chapter in their history.

“My grandfather started Chabot Enterprises and one of the first jobs that he had was hauling mud on the original floodway back in the 1960s,” said Nicole Chabot, Vice President, L. Chabot Enterprises Ltd.

Decades later, Chabot Enterprises returned not just as participants, but as

trusted partners – completing sections of the Z-Dike, West Dike Expansion and major components of the Floodway Expansion Project.

“It’s really humbling to know that the work of our family started with a single dump truck and is now part of one of the largest flood protection systems in Canada,” said Chabot. “And it’s really a legacy of resilience that we’ve helped build over generations.”

Chabot Enterprises’ contributions continued with CentrePort Canada Way, a cornerstone project in Manitoba’s modern trade and logistics network. The company supplied more than 500,000 tonnes of specialized, mechanically stabilized earth-wall material.

“Being part of that development –a gateway to the future – felt like building the next chapter of Manitoba’s growth story,” said Chabot.

Another point of pride for Chabot Enterprises was its role in riverbank stabilization and flood protection along the old Alexander Docks at Waterfront Drive – now a revitalized, iconic Winnipeg destination. Long before the patios and riverwalks, Chabot was on-site, strengthening the banks, protecting the city’s core and creating the foundation for one of Winnipeg’s most beloved urban spaces.

“To walk those paths now and know we helped protect and shape them – that’s the kind of legacy we’re proud to leave behind,” said Chabot.

Photo credit: L. Chabot Enterprises Ltd.

Photo credit: Journeyman Marketing/M.D. Steele

MAPPING THE POTH FOR STRATEGIC INVESTMENT IN ROADS

Anna Savard

Contributor, Craig Kelman & Associates

In the ongoing battle against deteriorating roads, the City of Winnipeg is turning to innovative technologies to identify, track and repair potholes.

The importance of these initiatives extends far beyond mere road maintenance – they represent critical investments in economic development and competitiveness.

“Transportation is the system upon which we move people to places and products to market,” said Chris Lorenc, MHCA President & CEO. “If you don’t have an efficient multimodal transportation system, your economy cannot be productive and it won’t be cost-competitive.”

An efficient transportation system holds real economic gains. As an

example, Lorenc points out, Centreport Canada has attracted $1.5 billion in private-sector investment, largely due to its transportation infrastructure, which allows carriers to meet the industry standard of five to 55, meaning reaching 55 mph in five minutes.

“Whether products move by air, train, rail or road, the last mile is always by road.”

The system uses artificial intelligence to detect potholes and assess their severity, with data mapped into the City’s GIS system to support real-time maintenance planning.

year, increasing to $192 million next year and $202 million in the following year.”

The City relies on pothole and surface repairs to help bridge the gap between today and when road renewals are scheduled.

To better keep track of and respond to problem potholes, the City recently implemented ROVER technology. ROVER is an AI-powered system mounted on inspection vehicles that collects continuous roadway imagery.

The system uses artificial intelligence to detect potholes and assess their severity, with data mapped into the City’s GIS system to support real-time maintenance planning. This represents a significant shift from traditional methods that relied heavily on manual inspections and citizen complaints through 311 services.

POTH LES

City of Winnipeg infrastructure reports from 2018 rated our roads from fair to good condition. This rating indicates that they remain functional with some deterioration evident.

The City’s Local and Regional Street Renewal program addresses road conditions and is funded by a dedicated annual property tax allocation.

“Every year we allocate 2% of taxes to this budget. Then with the asset management team, we look at which roads are most critical to fix and repair,” said Coun. Janice Lukes, Chair of the Public Works Standing Policy Committee.

In June 2023, the Public Works department came up with a strategic plan for roadway and bridge infrastructure renewal.

“We have projected up to 2037 how much money each year would be allocated,” said Lukes. “The plan forecasts $160 million for the current

“We adopted ROVER after a multi-year pilot project showed that automated scanning and AI condition assessment could cover more ground, detect issues more accurately and prioritize repairs more effectively than traditional manual inspections or 311-driven reporting,” said Mike Smoljanovic, Supervisor, Work Management at the City of Winnipeg.

The initial investment in ROVER technology was about $70,000, with ongoing annual costs, which include software licensing, data storage, and maintenance, between $50,000 and $70,000, according to Smoljanovic.

While these costs might seem high, they represent what Lorenc describes as the critical distinction between spending and investing.

“There is never an adequate amount of money. It’s critical that we lose the term spend and replace it with invest,” said Lorenc.

For Winnipeg, the ROVER system is expected to improve inspection efficiency and provide better repair targeting and extended roadway service life. ROVER helps to generate heatmaps that highlight areas with the greatest need, so pothole crews

can more efficiently plan work and strategically group repairs.

And there is the potential for better city-wide road maintenance coverage. Because ROVER scanning covers all streets equally, the city can base its decisions on measured road conditions rather than on service-request volumes, which can vary significantly by neighbourhood.

“This supports a more equitable and unbiased distribution of resources across neighbourhoods, helping ensure that repairs are prioritized based on actual needs,” said Smoljanovic.

Rover can monitor and identify cracks and surface degradation, utility-cut failures and faded pavement markings. It can also identify damaged road signs and bus shelters, loose debris and even encampments within public rights-of-way. This creates a foundation for predictive maintenance, and so emerging issues can be addressed before they become larger, more costly problems.

Despite technological advances, a persistent gap remains in infrastructure funding.

“The reality is that no level of government is investing the funding needed in ongoing maintenance and anticipatory investments,” said Lorenc, who points to a troubling pattern where deferred maintenance leads to exponentially increasing deficits.

In Winnipeg’s case, an infrastructure deficit that once stood at $850 million eventually climbed to $9 billion.

As Winnipeg deploys advanced technologies like ROVER to manage potholes more effectively, the conversation must extend beyond immediate maintenance concerns to the broader economic implications, Lorenc said.

Mapping potholes is not just a part of regular maintenance, but a critical component of economic development in Winnipeg and across Manitoba. Adopting innovative approaches will help ensure future efficiency for both citizens and trade.

FELICIA WILTSHIRE Vice-President, Policy & External Relations

Felicia joined the team as Vice-President, Policy and External Relations on June 2. The vice-president position is new to the association.

“We are putting greater emphasis on our services to members and in our advocacy work with public offices and stakeholder partners,” MHCA Board Chair John Highmoor said.

“The addition of Felicia to our team will amplify our profile in both those critical areas of MHCA work.”

Felicia is a seasoned, respected communications strategist with more than two decades of experience providing guidance and advice to organizations and senior leaders in various sectors.

Her background includes communications, government relations, and policy development, with experience in political, healthcare and municipal sectors. Since 2015, she has held the position of Director of Customer Service & Communications with the City of Winnipeg. Her previous experience included working with the provincial and federal governments.

“Felicia will play a pivotal role in growing MHCA’s presence, profile and impact, helping to drive the work to solidify the future of our industry,” said MHCA President & CEO Chris Lorenc.

WELCOMES CHANGE

CHANGE

ADRIANA MINGO

Manager of Communications

Adriana joined as Manager of Communications on March 31.

Adriana is a seasoned communications professional with 10 years of experience in journalism, communications and media relations. Adriana’s expertise includes developing and implementing communications strategies, securing media coverage and fostering relationships with stakeholders. She has a strong passion for writing and editing comprehensive communications materials. Adriana joins the team from Canada Life, where she served as a Senior Communications Specialist since 2019.

Outside of her professional achievements, Adriana is passionate about volunteerism and serves as President of Dodgeball Manitoba.

“We’re very excited Adriana has joined the team. I know she’ll be key to the growth and success of MHCA’s communications efforts and public presence,” said Lorenc.

The Manitoba Heavy Construction Association is very pleased to announce some recent staff additions to our team.

ERIN BLACK

Program Development Leader

Joining the MHCA’s WorkSafely team, Erin stepped into the role of Program Development Leader on May 1.

She comes with nearly 20 years of health and safety experience, having worked across many industries including manufacturing, transportation and construction sectors. She holds both the CHSC and NCSO designations and has led safety programs for large-scale operations with workforces in the thousands.

Erin comes to MHCA from MasterBrand Cabinets Inc. (Kitchen Craft), where she held the position of Health and Safety Manager since 2020.

Her hands-on expertise spans safety audits, program design, ergonomic strategies, risk management and employee engagement – all aligned with our mission to support and advance safe work in heavy construction. Erin’s practical knowledge, combined with her strategic mindset and commitment to continuous improvement, make her a valuable addition as we strengthen and modernize our safety programming.

“We’re confident in Erin’s skills and experience and are eager to see the contributions she will bring to her new role on the WorkSafely team,” said Jacquelyn Oduro, Director, WorkSafely Education & Training.

Erin assumes the position previously served by Trevor Shwaluk, who has taken a position as Director, Corporate Health & Safety with Qualico Developments. The MHCA thanks him for his years of service, dedication and hard work.

The changes build on recent additions including Jacquelyn Oduro as Director, WorkSafely Education & Training in December 2023. She succeeded Don Hurst, who retired at the end of 2023, after nine years of service. Andrea Perrin joined as Manager of Finance & HR in October 2024, succeeding Wendy Summerfield who retired in November 2024 after 31 years of service. Catherine Mitchell retired in May 2025 after nine years of leading MHCA’s policy and communications.

The changes enable the MHCA to build on its past achievements and to face future challenges, including increasing its advocacy presence, profile and impact.

The MHCA will be in a more robust position to address member concerns, promote career attraction in our industry, expand our social media presence and visibility, and support financial and organization stability. These changes will also ensure our WorkSafely program cements itself as the go-to resource for workplace safety education and training.

ECONOMIC DEVELOPMENT WINNIPEG:

SHAPING

A RESILIENT, COMPETITIVE AND FUTURE-READY ECONOMY

Mathias Leiendecker Contributor, Craig Kelman & Associates

Periods of rapid growth, prosperity and economic downturns have shaped Winnipeg’s economic development throughout its history.

The Canadian Pacific Railway’s arrival in 1886 marked a turning point, fueling rapid population and economic growth. Winnipeg quickly became a vital hub for wholesale trade, finance and manufacturing through unparalleled growth. By 1911, it was Canada’s fourth-largest manufacturing city.

Today, key industries like advanced manufacturing, transportation and logistics drive Winnipeg’s markets. The City of Winnipeg and Economic Development Winnipeg (EDW) work together to attract new businesses, support existing ones and create a favourable business environment for all.

EDW is the city’s lead economic development and tourism agency, said Ryan Kuffner, President and CEO.

EDW’s work focuses on emphasizing Winnipeg’s economic strengths, to position the city to stand out among major competitors in attracting visitors, talent and investment.

“EDW promotes Winnipeg as an attractive destination for sports, special events, business events, and leisure travel,” said Kuffner. “Dedicated to showcasing Winnipeg’s unique advantages, EDW collaborates with local, national and international partners to help position the city as a thriving, diverse and globally competitive community.”

Dedicated to showcasing Winnipeg’s unique advantages, EDW collaborates with local, national and international partners to help position the city as a thriving, diverse and globally competitive community.

– Ryan Kuffner, President and CEO, Economic Development Winnipeg (EDW)

Canada’s history is based on trade. Winnipeg’s success has always lain in its trade corridors and gateways within its geographically central location.

Photo credit: Economic Development Winnipeg

Although EDW doesn’t have a formal mandate for trade and export, its business focus remains on the retention, expansion and attraction of investment in all forms.

“Investment and trade are highly complementary, as most companies that invest or expand in our region are doing so to sell their goods nationally or internationally. We have a unique model in that we also have a destination management organization under the same roof,” said Kuffner. “Our tourism business development team is focused on facilitating a healthy, prosperous, responsible and fully integrated tourism industry that contributes to Winnipeg’s economic growth. We do this by attracting meetings, conventions, events, group travel and leisure tourism – while increasing visitation and delivering the best possible visitor experience.”

While the visitor economy has unique drivers, it also relies on the broader infrastructure that supports a wellconnected, accessible city – assets that are equally vital for trade and investment.

Kuffner noted that EDW partnered post-pandemic with the Winnipeg Airports Authority and the Province of Manitoba to pitch and secure new flight connectivity to key markets that support business, investment and

While the visitor economy has unique drivers, it also relies on the broader infrastructure that supports a wellconnected, accessible city – assets that are equally vital for trade and investment.

tourism flows to our region. It also joined forces with CentrePort Canada, MHCA and others to secure government infrastructure investment in CentrePort, helping to unlock the full potential of this critical asset.

“In my personal capacity on the Premier’s Business and Jobs Council, I have also regularly encouraged investment in key corridors like PTH 75 and tradeenabling assets and infrastructure that could advance our economy.”

Kuffner knows that understanding and leveraging Winnipeg’s unique competitive advantages will continue to be key to positioning the city in the investment marketplace.

“Strong leadership from the Provincial government through a comprehensive economic development strategy will help set the path,” said Kuffner. ”However, to maximize impact in a resource-constrained environment, it will be essential for all levels of government, including Indigenous governments, along with partner agencies like EDW, to align more effectively and work collaboratively.”

U.S. tariffs have shifted global economic conditions and Canada’s general economic complacency has created a significant challenge. It’s increasingly difficult to predict what the world-trade order will look like in the future.

“We’re working closely with companies across our diverse economy, many of which are struggling to position themselves, particularly in key export sectors like manufacturing. While I remain optimistic that Canada can position itself for the future, now is the time to invest aggressively in strengthening our competitiveness,” said Kuffner.

EDW expects 2025 to be a pivotal year. In the fall, they plan to launch a multi-year strategy, along with a new corporate partnerships program.

“It’s an exciting year, made possible by the skilled and experienced team at EDW. But it also doesn’t happen without a partnership, including growing the relationship we have with MHCA,” said Kuffner. “We’re all truly in this together, and when we align effectively, we can outcompete anyone. I truly believe that.”

Photo credit: Economic Development Winnipeg

KEVIN BROWN: TAKING PRIDE IN BUILDING

Kevin Brown has a deep-rooted, family connection to the construction industry, both as a dedicated professional and a committed advocate.

Brown is Vice-Chair of the Manitoba Heavy Construction Association (MHCA), having served on the Board of Directors since 2019, and as well from 2003 to 2010.

Continuing the family legacy

Brown got his start as a teenager working for the family business, Maple Leaf Construction, and has progressed since starting. As a third-generation owner of the enterprise, Brown now serves as Vice-President, Engineering and Estimating.

A professional engineer by background, Brown followed in the footsteps of his father and grandfather, who were also engineers. While

attending the University of Manitoba, Brown worked as a surveyor with Maple Leaf Construction. After graduation, he worked his way through various roles, including estimating and project management.

“I take a lot of pride in continuing the legacy of [my family], growing the business and making it more successful,” said Brown.

He’s sure anyone who’s been in a family enterprise has been told as they grow up, how the operations work, but also how family companies can fail as they move into the hands of future generations.

“You hear that all along and you work hard to [ensure success].”

Hard work, dedication and not trying to get to the finish line before you start were instilled in him from a young age.

Brown said that after all these years, it’s still fun coming to work.

“Every day is not the same as the day before,” he said. “There’s always something going on in construction.”

Taking pride in building

Many projects Maple Leaf Construction has worked on stand out in his mind. Most notably, building the Waverley Underpass, which opened in 2019.

“Having lived in that area and taken it from the road crossing that it used to be to what it is now – it’s quite a bit different,” said Brown. “Those projects are fun.”

The project went well, he said. It was under budget and ahead of schedule – something that doesn’t always happen in large-scale projects, and his team has taken pride in the accomplishment.

“There’s pride in building,” said Brown. “You take something from

You take something from nothing and then you create, in my case, a road or you’re part of creating a project, something that the rest of the public can use. There’s pride in being able to be part of something like that.

– Kevin Brown

nothing and then you create, in my case, a road or you’re part of creating a project, something that the rest of the public can use. There’s pride in being able to be part of something like that.”

Maple Leaf Construction –Memorial Boulevard

Photo credit: Colin Corneau

Advocating for the industry

And as to his family’s legacy, both Brown’s father and grandfather were MHCA board chairs.

Brown has been involved in various Board committees across various industry issues, including Highways, Aggregate Producers and Education & Training, with a natural progression through senior Board leadership, and now Vice-Chair.

Some of the work that stands out to Brown most is being part of things that really matter to the industry.

“MHCA can help other contractors – whether it’s helping to navigate your way through spec changes that are happening at different agencies, or if there’s different problems the industry is facing. Just being able to be there, trying to help understand some of

the problems and help solve them is rewarding.

Brown notes that while not every contractor represented by MHCA may face the same issues, many share similar challenges.

“We’re united under one voice, where we can hopefully make a difference.

The association is also big on networking. You get to meet a lot of other contractors, and I’d like to think that we do help each other.”

He likes to think that the MHCA board is always trying to push the boundaries, thinking ahead and trying to do what’s best for the community and industry.

“I think we’ve done a pretty good job at that,” he said. “We’re always forging ahead.”

Looking to the future

Building on the board’s momentum, Brown would like to help push the industry forward.

While towering high-rises often capture public attention, Brown highlights the critical, behind-the-scenes work that makes such developments possible.

“Our industry does everything from earthmoving to installing sewer and water lines that people never see,” said Brown. “We represent the workers who build roads, move mud and construct bridges.”

Though this work is not always seen as glamorous, Brown emphasized its importance and the pride taken in doing the job right.

“It’s about continuing to do quality work and pushing our industry forward.”

Maple Leaf Construction – Waverley Underpass

Photo credit: Colin Corneau

Reprinted with permission from Rock to Road Magazine

INTERNATIONAL EXPERIENCES WITH HIGH RAP CONTENT MIXTURES

Mike Aurilio Terminal Manager, Yellowline Asphalt Products Ltd.

As producing more sustainable pavements becomes a necessity, the use of recycled materials must gain traction.

Efforts must be taken by all industry partners to ensure the successful use of recycled materials such as reclaimed asphalt pavements (RAP). Hot Mix Asphalt including more than 25 per cent RAP are typically considered as high RAP mixtures. Research and production of high RAP mixtures has successfully proven that these pavements will work under different climatic and traffic conditions. Engineering the mixture properly ensures that it is possible. To do so, we must understand the materials used, the way RAP impacts the mixture behaviour, the location of the mixture in the pavement structure and ensure proper quality control procedures are in place.

Balancing contradicting properties of asphalt mixtures

To understand the role RAP plays in impacting pavement performance, we must first consider the general behaviour of asphalt mixtures. Asphalt cement and mixtures are viscoelastic materials in nature. This means that under certain temperatures and loading conditions the material will exhibit either viciousdominated or elastic-dominated behaviour. Therefore, balancing these contradicting properties is necessary for ensuring the pavement will resist rutting and handle the expected level of strain induced by traffic. Often, there is a misconception that higher

stiffness means more brittle, which results in overlooking valuable opportunities to improve the durability of our pavements. If properly designed, increasing the stiffness of a pavement structure can potentially reduce fatigue cracking through reducing the tensile strain in asphalt concrete layer. However, introducing a stiff material with a brittle behaviour can cause an issue. Asphalt mixtures with higher stiffness and yet maintaining the required resilience under loading can be effectively designed nowadays.

and reduce the level of maximum strain that the material experiences in the pavement where an equivalent softer material will have the opposite behaviour. This larger strain level can accelerate cracking and premature failure of the material.

This brings us back to RAP. Properties of RAP will vary depending on the source and age of the material, but one major characteristic is hardening due to oxidation. Pavement materials will oxidize at different rates. The nominal maximum

Research and production of high RAP mixtures has successfully proven that these pavements will work under different climatic and traffic conditions. Engineering the mixture properly ensures that it is possible.

Binder-related mix properties can be used to control how the material responds to loading. Increasing the asphalt cement content or using a softer binder both promote a more “viscous-like” behaviour that can help with low temperature properties while SBS polymer modification adds a “rubbery” behaviour which can make the pavement more strain tolerant. Looking at the way a material functions in the pavement structure, it can be realized that a material that is too soft may experience larger strains and become more prone to fatigue cracking.

In other words, on the plus side a stiffer material can resist deflection

aggregate size, binder source, presence of additives and permeability introduced by construction issues can impact the rate of oxidation. RAP is a hardened material and introducing this into new mixtures must be accommodated properly to ensure performance is maintained. Generally, introducing RAP will increase the relative stiffness of the mix, which, when designed for, can improve the pavement performance. One of the biggest issues is ensuring that the mix does not react poorly under repeated traffic loading. Increasing stiffness alone without considering the impact on the material response to loading can prove to be detrimental to performance.

Jurisdictions that have been successful in increasing their RAP usage have focused on three key areas: redesigning the mixtures, characterizing the materials and processing the RAP stockpiles. These ideas are interrelated and although there are many examples of how to produce high RAP mixtures successfully, it is important to note that it is necessary to experiment with these ideas to ensure that they work at the local level. The most important factor is to validate that the performance in the field and adjust as necessary. For example, including fractionation requirements in a quality control plan will improve consistency, but the chosen particle size will also influence the diffusion rate of aged binder. How much aged binder is contributed to the overall mixture will influence how the RAP impacts the mixture properties and may impact the other mixture parameters. Large, multi-source stockpiles may need to be treated differently than smaller, more uniform stockpiles.

Success in Sweden

The Ontario Asphalt Expert Task Group put together a literature review on international experiences with high RAP mixtures and there is a great deal of detail that is applicable to not only high RAP mixtures, but moderate RAP usage as well. One of the jurisdictions highlighted in that document was Sweden, which successfully uses anywhere from 10 to 50 per cent RAP depending on the pavement traffic and location. Sweden does some interesting things that help promote consistency in their mixtures. They limit stockpiles to single sources of RAP and analyze the gradation, asphalt cement content, asphalt cement stiffness and perform petrographic analysis of the aggregates. By characterizing the RAP properties, they can effectively compensate for the change in properties. Understanding the RAP binder stiffness and particle size gives mixture designers a better understanding of how the RAP binder will blend with the virgin binder. In addition to this, it is important to Swedish authorities that the mixture containing

RAP has similar properties to the virgin mixtures they produce. Modulus (stiffness) is measured, and the mixtures are subjected to dynamic creep testing as well as indirect tensile strength testing. The modulus is important for ensuring that the pavement meets their structural design requirements. Swedish authorities expect the mixture to reach a minimum stiffness of 5500 MPa at 10°C for heavy traffic. Their biggest concern is over softening the mixture with virgin asphalt cement and making the mixture too soft.

U.S. state of Georgia took steps to address cracking issues

Another great example which is a little closer to home comes from Georgia. They generally had cracking issues with their pavements and took many steps to address this including reducing the number of gyrations (SuperPave mixtures), finer gradations and using mixture performance testing for specialty mixtures. These measures to increase asphalt cement content helped, but additional RAP specific requirements are also used. Georgia DOT is required to approve each stockpile before use and limits the amount of RAP being used based on the asphalt cement content and percent passing the

#200 sieve of the RAP. To further ensure sufficient binder is in the mixture, Georgia employs the Corrected Optimum Asphalt Content methodology. This essentially assumes not all the binder in the RAP is available and requires additional virgin asphalt cement to be used to compensate for the unavailable binder.

High RAP mixes perform well when engineered properly

The Ontario Asphalt Expert Task Group covers many other jurisdictions from similar climates to completely different climates, high traffic and low traffic environments. The engineering principles will generally remain valid regardless of traffic and climate, but it is important to determine specifics for local conditions. Georgia employs a 60:40 Corrected Optimum asphalt Content, but will a different ratio be required for more highly aged RAP binders? Questions like these are important to answer, but the data collected by so many different Departments of Transportation and researchers prove that high RAP mixtures are possible and perform very well when engineered properly. The full webinar is available here: https://vimeo. com/1014810357?share=copy.

Years.

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:

WINNIPEG PAUSES SOCIAL PROCUREMENT CLAUSES IN HEAVY CONSTRUCTION TENDERS

The City of Winnipeg has temporarily halted including social procurement pilot clauses in heavy construction tenders this year, following discussions with MHCA.

Some tenders issued early this season included pilot clauses that required contractors, as part of a project, to commit to reporting on ‘skills and training’ and their purchasing from diverse businesses. The City has issued notice it will not require contractors to comply with the clause and will pause any further pilots in 2025, as the pilot process with the industry undergoes review and revision.

MTI SPECIFICATIONS UNDERGOING COMPREHENSIVE REVIEW

MHCA is working with Manitoba Transportation & Infrastructure and ACEC-MB to review all the current standard specifications. This process will take many months and is an opportunity for our members to provide valuable input and be involved.

MTI, MHCA and ACEC-MB collaborate in a specification working group, which meets regularly, allowing open discussions with industry related to new or planned revisions to standard specifications.

Because of the breadth of the comprehensive review, the specifications will be bundled into groups and sent to industry members in coming months, to elicit members’ input during the winter months.

HIGHWAYS CAPITAL PROGRAM PRIORITIES

Following a 3% program increase in Budget 2025, MHCA and Board representatives met with MTI officials to address critical areas for ensuring full annual capital program expenditure.

The MHCA Board later recommended assigning these areas to a working group subset to develop specific, measurable action plans.

Attention areas include:

› Early project design assignments – to allow for the next season’s construction projects tendered early, pre-season

› Reliable tender ad schedules – giving the industry the confidence to set up their business plans, including materials, supplies and hiring of workforce

› Tender 80% of MTI capital program between October and the end of February – allowing projects to begin and finish on time. This must be coupled with timely contract awards.

› Prompt payment – ensuring contractors are paid for work completed, according to the new prompt payment rules in the Builders’ Liens Act

› Post-project performance rating of owner, consultant and contractor – reviewing experience in individual projects to improve efficiencies for best outcomes

MHCA will advocate for increased annual Highways capital funding, ensure full budget expenditure and push for reinstating the carryover of unspent funds to the next fiscal year.

GOOD SUPERVISORS DON’T JUST WEAR THE WHITE HARD HAT –THEY LEAD THE CREW

We both agreed: effective supervisors are more than project managers. They’re people leaders. In our view, safety is not just a line in their job description – it’s the backbone of it.

As the construction season ramps up and supervisors prepare for the busy months ahead, I’ve been thinking a lot about what truly makes a “good” supervisor. Not a passable one. Not just a “gets-the-job-done” type. But a genuinely good, effective, respected leader on the job site.

I recently sat down with Erin Black, our new Program Development Leader. She brings more than 15 years of consulting experience with various industries and frontline manufacturing safety experience. In our conversation, she shared insights that felt too valuable to keep to ourselves.

We both agreed: effective supervisors are more than project managers. They’re people leaders. In our view, safety is not just a line in their job description – it’s the backbone of it.

But here’s the catch: few supervisors start out knowing that. Many are promoted because they’re good at their trade.

Suddenly, they’re responsible not just for task execution, but for people. For safety. For morale. For culture.

That’s a big shift.

Erin talked about the importance of providing supervisors with real training, not just a one and done course, but ongoing development that reinforces their role in the internal responsibility system. At her last workplace, they delivered a Leadership for Safety Excellence course every two years. Why? Because you learn more each time. It’s about building a habit of safety leadership, not just checking a training box.

We also talked about ownership. Strong supervisors own their space. They know what’s happening in their environment. They also conduct investigations, not leaving that to just safety staff or management. They’re accountable for implementing corrective actions and are empowered to make changes.

Jacquelyn Oduro Director,

That sense of ownership changes everything. It shifts safety from being someone else’s job to their responsibility.

And with that ownership, must come support.

One thing that struck me was Erin’s experience with short, focused check-ins that are 30 minutes, sometimes biweekly, where someone from safety would meet a supervisor on-site. Not to criticize, but to coach. To celebrate wins. To work through challenges. These ‘supervisor report cards’ as she called them, weren’t punitive – they were developmental. They helped make safety part of the everyday conversation, not just an afterthought. Meaningful, authentic communication can make so much progress in safety management. Workers can tell when the messaging is genuine. They can also spot when someone is cutting corners or ignoring hazards and notice when it’s not addressed. That’s why supervisors must lead visibly and callout unsafe behaviour, praising what’s done right and creating a culture of accountability.

We talked about how simple tools, like daily hazard assessments, can become powerful safety drivers if they’re treated as meaningful. Too often, they’re just seen as a checkbox for COR® or a general contractor. But when used properly, they’re one of the most effective planning tools on a job site. A supervisor who engages their team in hazard assessments is setting the tone for the day, getting buy-in, and promoting awareness. That’s leadership.

Of course, not every company has layers of management or a full safety team. For small companies, the owner is often the supervisor. And that can be both a challenge and an opportunity. With a small crew, engagement can happen more easily, but only if the person in charge models safety, coach others and is willing to ask for support. That’s where our WorkSafely advisors come in. Sometimes a fresh set of eyes, a little guidance on running a safety huddle or tips on using a hazard assessment tool more effectively can go a long way.

At the end of the day, a good supervisor is someone who doesn’t see safety as separate from the job – it is the job. They know their people. They hold themselves accountable. They recognize hazards and take action. They communicate with purpose and lead with authenticity.

As you head into this construction season, I encourage you to reflect on your supervisors. Are they supported? Are they empowered? Do they see safety as their role?

Because when they do, REALLY do, everyone wins.

Jacquelyn Oduro Director, MHCA WorkSafely Education & Training

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). 2025 – QUARTER 2 As of March 31, 2025

Bobs Contracting (2005)

Platinum Diamond Drilling Inc.

CONFINED SPACES –CONTINUALLY CHANGING HAZARDS

Katie Woychyshyn Contributor, Craig Kelman & Associates

Despite growing awareness of safety protocols on today’s job sites, hazardous confined spaces can still prove fatal.

It’s often the overlooked details –failing to test for environmental changes, making impulsive entries, neglecting emergency plans, or falling into complacency – that can turn a normal workday into a dangerous, potentially deadly one, says Travis Knight, MHCA’s WorkSafely Advisor for the Westman Region.

Conditions inside confined spaces can change rapidly, requiring constant monitoring throughout the job. Even the work performed inside confined spaces, such as welding or chemical handling, can introduce new dangers. In other words: failing to test for environmental changes can be fatal.

Confined spaces are enclosed or partially enclosed areas not intended for human occupancy, with limited access or exit routes. These spaces can become hazardous in many different ways, including atmospheric changes (chemical or biological), risk of entrapment, or potential engulfment.

The risk doesn’t end after the initial hazard assessment, says Knight, a rescue technician with EMT certification who has performed

confined space and high-angle rescue operations.

“There could be a gas that seeped into the space,” he explains. “A hazard

can develop from nearby industrial activity or even from a running truck, as exhaust sinks.”

These changes can go unnoticed if air quality isn’t being continuously monitored, especially when workers rely on assumptions like: ‘The air was good yesterday and this morning. We haven’t been in there for two hours –it should still be fine.’

Knight recalls an incident at a plant where ventilation fans left running overnight pulled in toxic fumes from a nearby chemical release. Fortunately, this was caught before the workers re-entered the space. It was a reminder: conditions can change at any time, and what was safe before may not be anymore.

Another common and dangerous mistake is impulsive entry. Workers often assume a quick step inside is harmless: ‘It’ll only take two seconds,’ or ‘I just forgot something.’ But confined spaces can become deadly within moments. Hazards don’t wait for procedures to catch up.

Neglecting emergency plans can also be lethal. An emergency plan is essential when working within confined spaces –a real plan, not just the intention to call for help. Every team should be equipped with a complete rescue strategy.

It is important that no one enters a confined space without following safety protocol and doing all critical safety checks. Shortcuts can lead to tragic outcomes, especially when multiple workers are exposed while trying to help one another in emergencies.

Neglecting emergency plans can also be lethal. An emergency plan is essential when working within confined spaces – a real plan, not just

the intention to call for help. Every team should be equipped with a complete rescue strategy.

“911 is not a rescue plan,” Knight says. “911 is for emergency services. Though you should still call them, it takes time for an ambulance to get from point A to point B and the fire department to get from point A to point B. Many areas rely on volunteer fire departments, which can add 10 minutes to a call. And they might not even be equipped to handle the space.

“So,” he says, “How are you getting the worker out of that space before they die?”

Finally, complacency – the slow erosion of caution that comes with routine – is another threat often overlooked when working in hazardous confined spaces. Workers begin to think, ‘It’s never happened to me, so it won’t happen now.’ But that’s exactly when disaster can strike.

“Take your time,” Knight urges. “If something feels risky, speak up. Don’t get pushed into a space. Use your right to refuse unsafe work. Check the hazard first – it’s always better to be safe; to go home at the end of the day.”

SAFETY LESSONS FROM AN ONTARIO TRAGEDY

Katie Woychyshyn

Contributor, Craig Kelman & Associates

We don’t live to work, we work to live. Everything that’s important is (waiting) at home, and you need to come home the same shape that you

left that in the morning.

– Randy Olynick, Senior Safety Advisor for MHCA’s WorkSafely program

February marked a historic first in Canada as the Ontario Superior Court handed down a five-year prison sentence to Milton Urgiles, of EcuaCan Excavating Inc., who was found guilty of criminal negligence causing death.

In September 2020 near Alliston, Ont., an EcuaCan employee lost control

of a company dump truck after a tire exploded; the truck veered off the road and into a tree. Driver Denis Garant, a husband and father, died on impact.

In court, evidence showed Urgiles could have prevented Garant’s death. Safety checks on the truck should have indicated that the truck had bald tires.

Garant himself messaged Urgiles the night before the incident via text, noting the truck’s steering cut in and out when turning.

The five-year prison sentence is the harshest punishment for negligence since 2016, when a manager, responsible for a scaffolding collapse

Olynick now helps companies implement COR®, a nationally recognized occupational safety and health accreditation program. It’s a proactive approach to ensuring industry employers have effective tools to develop, implement, assess and promote continual improvement of their safety and health management systems and ensure they’re doing their due diligence.

in Ontario that killed four men, was sentenced to three and a half years in prison.

“A death in any family is horrible, especially if it was preventable – and this was totally preventable,” says Randy Olynick, Senior Safety Advisor for MHCA’s WorkSafely program.

The precedent-setting case is a cautionary tale for all employers, especially those in the heavy construction industry with its elevated workplace hazards.

And Olynick believes the sentencing has opened a lot of eyes. “It sends a real strong message to companies and supervisors on what can happen if you knowingly put somebody at risk.”

for more than a decade, Olynick was once a Workplace Safety & Health lead investigator. In this role, he worked closely with the Crown, leading an investigation team that assisted in

prosecuting companies failing to comply with health and safety standards. The team had a 100% prosecution rate.

While he isn’t an investigator anymore, he understands the process and how ugly it can get.

When conducting training, Olynick

or get a replacement vehicle until the concerns could be addressed.

Companies are legally obligated to maintain equipment vehicles to manufacturer specification and it isn’t often that Olynick sees companies who aren’t doing so.

Most of the time, companies are focused on preventive measures, getting the work done and doing it right. For anything they do, he adds, they must follow proper procedures, have proper equipment and offer proper training to operate the equipment. Doing so not only decreases the risk of a serious incident or death, it shows the company has done everything in its power to protect workers if something does

CONNECTING INDIGENOUS COMMUNITIES AND THE HEAVY CONSTRUCTION INDUSTRY

Anna Savard Contributor, Craig Kelman & Associates

Looking ahead, FPDI remains committed to expanding opportunities in trades-related careers. Providing good information and the promotion of specific construction jobs are critical elements in recruiting First Nations individuals to these positions.

There is a critical need in the modern workforce for generating meaningful employment opportunities for First Nations peoples. Now, First Peoples Development Inc. has become a connector, to bring Manitoba’s Indigenous communities and the heavy construction industry together.

Operating as an administrative intermediary for Employment and Social Development Canada, FPDI manages federal funding through the Indigenous Skills and Employment Training

Program, a 10-year agreement running to 2029.

“Our mission is to support capacity development within First Nations and address training and employment barriers to increase First Nations members’ participation in the labour market,” explained Joan Harris-Warren, Executive Director, FPDI.

The organization began focusing specifically on the construction industry a few years ago in response to industry workforce shortages. FPDI’s ongoing

goal is to strengthen existing employer partnerships while expanding their network of partnering companies.

“We’re thrilled to have FPDI at the WorkForce Committee table. Their work is essential – not just in creating pathways to employment for First Nations, but in building real partnerships with industry,” said Jacquelyn Oduro, Director, MHCA WorkSafely Education & Training. “FPDI understands what it takes to prepare people for success in construction and ensures that training

leads to real jobs.” FPDI has strategic partnerships with key industry training organizations. From 2023-2024 these partnerships produced tangible results across multiple construction programs.

“We’re excited to be involved in this high-demand sector, which continues to grow across our province. We’ve seen strong results so far and look forward to building on that success for years to come,” said Harris-Warren.

In 2024, the Heavy Equipment Operator program FPDI delivered in partnership with Operating Engineers Institute of Manitoba achieved a 100% graduation rate with all 10 enrolled students successfully completing the program. An additional 23 students graduated from the Construction CraftWorker program and the Construction Electrician Pre-Employment program.

“We keep informed about the labour market and meet with employers to

discuss their needs and how we can work together to fill those needs,” said Harris-Warren.

Cooperating with employers to ensure students get the hands-on exposure to equipment operation and maintenance experience means employers can seamlessly incorporate new hires into any necessary on-the-job training. That record of achievement is part of why MHCA is optimistic about forming a partnership with FPDI, to tailor training to heavy construction industry needs.

“What excites me most about this partnership is the opportunity to do things differently – customized training, direct placement support, and a genuine willingness to work with industry,” said Oduro. “That’s exactly the kind of collaboration our sector needs as we grow a skilled, diverse workforce.”

Beyond FPDI’s job board, the organization works directly with

employers to understand hiring needs and skill requirements.

The organization provides ongoing support after placement, with two student coordinators who follow up with graduates even after they’re hired. This includes funding for needs such as driver’s license renewal and transportation costs as workers settle into new roles.

Looking ahead, FPDI remains committed to expanding opportunities in trades-related careers. Providing good information and the promotion of specific construction jobs are critical elements in recruiting First Nations individuals to these positions.

“If they are not aware of the job, they will not seek it out,” said HarrisWarren. “Our priority is to continue to provide information so students have choices and can realize their potential.”

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TRADE WARS: ADDRESSING TARIFF RISKS IN YOUR CONTRACTS AND BIDS

The last several months have seen significant discussion over construction industry and supply chain impacts arising from the ongoing “trade war” between Canada and the United States. The resulting tariffs which have been added to certain goods (and proposed but not implemented for others) have created uncertainty for heavy construction contractors in approaching contracts and procurements.

The high potential cost impact of tariffs will require collaboration throughout the construction pyramid to ensure that projects can weather any tariff related impacts.

This article discusses how contractors may assess and address some of those uncertainties and risks in their contracts and bids.

Allocating contractual tariff risk

For existing contracts that may be impacted by new tariffs, contractors should be aware of existing contractual mechanisms that may impact the ability to claim for tariffrelated risks, including the following:

› Express terms allocating tariff risks –

this can include Incoterms, transfer of title and risk, or GC 10.1 of CCDC 2 (2020). Contractors should ensure that terms addressing tariff risks are dealt with consistently throughout the contract documents, being mindful when inserting “new” tariff clauses where the tariffs and duties are already addressed elsewhere in the contract.

› Changes in law and the contract price – the contract pricing model being used is a helpful starting point

Andrew Konopelny & Michelle Redekopp MLT Aikins

on how the price risk from new tariffs is assigned. Fixed price and cost reimbursable/cost-plus models may drive who is responsible for added costs due to tariffs.

› Force majeure/delay – while tariff impacts may not yet have caused major project delays, if supply chain impacts arise due to tariff-related uncertainty, there may be situations where force majeure or time relief clauses in the contract apply. Contractors should carefully consider how their time relief clauses may respond to a tariff related delay.

› Notice requirements – contractors intending to claim additional costs or time relief due to tariff related impacts should be mindful of any specific notice periods or requirements impacting potential tariff related claims.

› Duties to mitigate – generally speaking, those seeking additional costs on a project have an obligation to mitigate their losses to the extent possible. Some contracts, such as CCDC 2, have express requirements to mitigate costs related to claims for additional claims.

› Termination – in some circumstances, mutual termination may be the best path forward where there are unsolvable tariff related impacts. However, be aware of one-way termination provisions such as termination for convenience or

termination due to bankruptcy/ insolvency. Most termination clauses address how the outstanding project costs are dealt with on termination.

› Duty of good faith – there are general legal obligations to perform contracts honestly and in good faith. In the instance of tariff related impacts, this may impose higher duties between impacted parties in their performance of the contracts.

On future contracts, contractors should be mindful of how tariff risk is being assigned, and where necessary, negotiate more favourable terms to ensure they are not left with tariff risk that is outside their budget contingency.

Responding to tariffs in upcoming procurements

Contractors may increasingly be asked to address tariff risk in their responses to competitive procurements. Careful consideration should be given to properly responding to tariff related questions to ensure that bids made are compliant and not disqualified.

Recently, some Owners have in various forms asked bidders to identify tariff related pricing risks in their bids, in either evaluated and non-evaluated submissions. Bidders should be careful to ensure that, even when tariff related risks are requested to be identified (but not evaluated), the appropriate forms or submissions are provided so that

the bid remains compliant. Prudent bidders can use available clarification processes to properly respond to Owner requests on tariff risk.

Contractors should also carefully any contracts included in the bid documents to understand how tariff risk is being allocated in the proposed form of contract and seek clarification where necessary if the proposed contract terms are inconsistent with other statements in the bid package on tariff risks.

Planning for what’s next

In times of uncertainty such as these, proactive action is important to minimize risks. Bids and contracts are two primary areas where these risks will arise for contractors.

The high potential cost impact of tariffs will require collaboration throughout the construction pyramid to ensure that projects can weather any tariff related impacts. Heavy construction contractors will in most cases be best served to identify and take steps to mitigate tariff risks early.

MLT Aikins was pleased to present to the Heavy Construction Association on these topics and looks forward to supporting construction and infrastructure project participants in responding to tariff related issues.

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