RoadBuilder Magazine- Summer 2024

Reflecting on youth experiences in road construction

Moving towards more sustainable construction equipment

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Lara Henry larahenry@sympatico.ca

It’s hard to believe almost seven months have passed since I took on the role of CEO at ORBA. Time has flown by, and in this short period, we have achieved so much together. I am thrilled to share some of our key milestones and reflect on our journey as we continue to build a stronger, flourishing transportation infrastructure industry.

Since stepping into this role, I have prioritized member engagement and made a commitment to better understanding the unique nature of our industry through first-hand experience. I was fortunate to receive the support of our members and have had the pleasure of visiting many HQs, jobsites, asphalt production plants and aggregate production sites across Ontario. With then president Mario Villeneuve at the helm, the 2023 President’s Tour prioritized northern engagement, and for the first time in recent memory, added a special visit to Thunder Bay in December where we met local members and welcomed new ones. The tour was also an opportunity to reflect on the value offer of an ORBA membership, and our team is continuously identifying new member benefits and seeking your input on revamping existing ones.

Message from the Chief Executive Officer

There is no doubt ORBA’s busy events calendar creates year-round opportunities for members to engage with decision-makers and industry thought leaders, and ORBA’s annual convention remains our crown jewel. In its 97th edition, our convention was simply a tremendous success. With over 1,100 attendees over two days, government officials and industry influencers shared cutting-edge insights and engaged in important discussions with our members and guests.

While Pinball Clemons and the Right Honourable Stephen Harper drew large audiences, it was standing room only for Premier Doug Ford’s lunch address. Attendees also had an opportunity to hear from our friend and partner, Ontario’s Minister of Transportation Prabmeet Sarkaria, who unveiled the ministry’s 2024 early tender call sheet, a tradition long cherished by members and convention attendees. Ontario Minister of Infrastructure, Kinga Surma, and Minister of Labour, Immigration, Training and Skills Development, David Piccini, also shared key insights on the province’s project pipeline and skilled trades career fairs. Those of us who attended the 2023 convention will surely remember Mario Villeneuve’s president’s address which was as moving as it was energizing. This year was even more special with Mario, along with executive board member Malcolm Croskery, leading the Hall of Fame induction of the late industry ››

Chief Executive Officer WALID ABOU-HAMDE

titan Claude Villeneuve. ORBA also welcomed our new president Andrew Weltz, a long-time contributing member of the association and industry advocate. Andrew is the vice president for eastern Canada at Bauer Foundations and brings years of experience in Ontario’s road building industry to the chair’s role. His welcome address focused on his priorities for this year, with workforce development and inspiring youth to pursue careers in our industry at the top of his list.

The 2023 Fall Gala was another highlight, bringing together members, industry leaders, partners, and stakeholders for an evening of celebration and gratitude. The event is a long-time association tradition to mark the end of a busy, fruitful construction season, and this year’s gala was made exceptional thanks to Minister Sarkaria and his team. The minister spent the better part of the evening mingling with attendees and delivered keynote remarks where he stressed the critical importance of the relationship he, his team and the ministry enjoy with ORBA and its members.

At the ORBA office, we welcomed Steven Crombie as our new Senior Director of Public Affairs. Steven brings a wealth of experience and a fresh perspective to our team, and his addition signifies our ongoing commitment to strengthening our thought leadership, government advocacy and stakeholder relations strategies. Steven has a proven track record of advancing the priorities of the construction industry, coupled with a comprehensive understanding of the provincial political landscape, which has enabled him to drive positive change and shape impactful policies, most recently at the Ontario Sewer and Watermain Construction Association, and previously at the Ontario General Contractors Association.

Engaging with decision-makers to advance our members’ interests remains at the forefront of our agenda. We kicked off the year with a productive meeting with Minister Sarkaria in early January to advance our advocacy priorities as outlined in the association’s most-recent strategic plan: maintaining robust, predictable funding across transportation infrastructure classes; workforce development; and sustainability. ORBA’s 2024 Queen’s Park Lobby Day was also an opportunity to engage with over thirty-five MPPs across all political stripes and several more government officials. It was particularly refreshing to receive broad support for our industry, and to have representatives of all parties provide remarks at our evening reception.

Just last month, our presence at the government’s Highway 413 announcement cemented our position as the industry’s voice of the transportation infrastructure in Ontario, and the subsequent market-sounding session provided us an opportunity to bring a delegation of members and industry representatives to the table, showcasing our collective expertise. These engagements are crucial in ensuring that our members’ voices are heard and that our industry’s needs are addressed at the highest level.

Finally, as we continue to navigate the evolving landscape of our industry, I remain committed to being a relentless advocate on your behalf every day. Our achievements over the past few months are a testament to the collective contribution and unwavering support of our members, Board of Directors, and staff. Together, we are building a brighter future for Ontario’s transportation infrastructure industry.

Thank you for your continued trust, and I look forward to the coming months and years. The best is definitely yet to come.

Senior Director of Public Affairs

ORBA continues to play a pivotal role in advocating for the roadbuilding industry and identifying opportunities across Ontario. This spring has been particularly busy with numerous important initiatives and meetings designed to advance key issues facing the sector.

Annual Lobby Day at Queen’s Park

On April 8, ORBA hosted its annual Lobby Day at Queen’s Park where ORBA members met with over thirty-five members of provincial parliament to discuss several critical issues. This event underscores the association’s commitment to engaging with policymakers to ensure the road-building industry’s concerns and suggestions are heard.

One of the primary topics discussed was the need for predictable and reliable tendering from the Ministry of Transportation. ORBA emphasized that a more consistent and transparent tendering process is essential for planning and executing road construction projects efficiently. Reliable tendering schedules help contractors allocate resources more effectively and reduce the risk of delays and cost overruns.

Around Queen’s Park

Another significant issue addressed was the need to attract new skilled labour into the industry. ORBA highlighted the growing labour shortage and the importance of investing in training and apprenticeship programs to build a robust workforce for the future. Ensuring a steady influx of skilled workers is vital for maintaining the quality and safety of Ontario’s road infrastructure.

ORBA also discussed the opportunity to use recycled asphalt pavement (RAP) in transportation projects. Using RAP not only supports environmental sustainability by reducing waste but also offers cost savings for infrastructure projects. ORBA advocates for policies that encourage the use of recycled materials which can lead to more sustainable road construction practices.

Northern Ontario infrastructure

In addition to the Lobby Day, ORBA met with the Ontario Liberal Party leader in Sudbury to discuss the unique needs and opportunities for northern Ontario’s transportation infrastructure. This meeting focused on the challenges faced by remote and rural communities and the importance of investing in infrastructure to support economic growth and connectivity in these regions.

Construction Act review

ORBA is actively engaging with the Ministry of the Attorney General on its fiveyear review of the Construction Act. A key concern for ORBA is the exclusion

STEVEN CROMBIE

of contractors from projects based on their involvement in adjudication. ORBA is advocating for fair treatment of contractors and ensuring that public buyers of construction cannot exclude vendors solely for exercising their legal rights through adjudication. This advocacy is crucial for maintaining a fair and competitive construction market.

Collaboration with the Ministry of Transportation

ORBA continues to work closely with the Ministry of Transportation on various subjects important to its membership. In early June, ORBA will participate in a roundtable discussion with the ministry to explore opportunities for a “Slow Down, Move Over” pilot project. This initiative aims to enhance safety for road maintenance workers by requiring drivers to slow down and move over when approaching construction zones. Improving safety protocols is a top priority for ORBA as it helps protect workers and reduces accidents on the road.

Environmental regulation discussions

ORBA is beginning to facilitate discussions with its Environment Committee and the Ministry of Environment, Conservation, and Parks regarding Ontario Regulation 406/19 which deals with the management of excess soils. The discussion focuses on provisions that will come into force on January 1, 2025, which will prohibit the disposal of excess soils in landfills. ORBA aims to ensure that the regulation’s implementation is practical and does not unduly burden the construction industry while promoting environmentally responsible practices.

Ministry of Labour, Training and Skills Development

Recently, the Ministry of Labour, Training and Skills Development tabled an omnibus piece of legislation that includes various changes to the Occupational Health and Safety Act, the Employment Standards Act, and the Workplace Safety and Insurance Act. Some notable changes include:

• Sanitation requirements for washrooms on construction sites;

• Salary/wage transparency requirements when posting a job;

• PTSD eligibility through WSIB;

• Increased fines for ESA violations up to $100,000; and

• Presumption that primary-site skin cancer for firefighters is related to occupation.

ORBA is closely monitoring these changes and providing feedback to ensure that the new regulations are fair and beneficial for all stakeholders in the industry.

Conclusion

ORBA remains committed to advocating for the road construction industry’s needs and working collaboratively with government bodies to drive positive change. From improving tendering processes and addressing labour shortages to promoting sustainability and ensuring fair treatment under the Construction Act, ORBA’s efforts are crucial for the ongoing development and maintenance of Ontario’s transportation infrastructure. Through continuous engagement and proactive initiatives, ORBA strives to support a thriving and resilient road construction sector in Ontario.

BY MATT BRADFORD

Youth Experiences in Road Construction

Reflections from ORBA’s Future-Looking Panel

In the road building sector, few challenges take priority over workforce development. For this reason, ORBA welcomed industry professionals at various stages of their careers to share their insights on youth talent development during the 2024 ORBA convention panel, From Foundations to Futures - Youth Experiences in Road Construction.

It’s essential to recruit and develop talent for the growth and sustainability of the construction industry.

Panelists: Dr. Amma Agbedor, moderator and Canadian & Research Engineer with the Asphalt Institute; Justin Ryan, Project Manager, R.W. Tomlinson; Daniel Currie, Project Manager, Soletanche Bachy Canada Inc.; Raly Chakarova, Executive Director, Toronto and Area Road Builders Association (TARBA); and Andrew Paven, Project Coordinator, BAUER Group.

The construction industry is facing a shortage of skilled workers due to factors such as an aging and retiring workforce, lack of interest among youth, and a skills gap,” says Dr. Amma Agbedor, the panel’s moderator and Canadian & Research Engineer with the Asphalt Institute. “Recruiting and developing talent is essential to fill these gaps and ensure a skilled workforce for current and future projects.”

Agbedor emphasizes one of the panel’s recurring themes: that a strong talent pipeline is essential for the growth and sustainability of the construction industry. Doing so, she says, means boosting awareness for the trade, courting tech-savvy and eco-forward youth, and making a career in trades like road building as appealing as possible to incoming demographics.

“Let’s face it,” Agbedor adds, “we’re in a fierce talent market competing with other industries. Offering attractive benefits and career growth opportunities can also help keep young workers in the game. Prioritizing work-life balance and mental well-being not only boosts job satisfaction but also keeps turnover low among young workers.”

Raly Chakarova, Executive Director of the Toronto and Area Road Builders Association (TARBA) was also among the panel to share her perspectives as a long-time champion for youth talent development. She says there are three main factors that people look for professionally which determine their retention: compensation, opportunities for growth, and value alignment or purpose. Expanding on the latter, she adds, “Value alignment is increasingly more important for the young generation coming in. They want to better understand your company’s values, purpose, and impact in the world and how their day-to-day and overall work fits into and helps to drive those larger goals forward.”

Agbedor and Chakarova were joined on ORBA’s stage by young professionals Daniel Currie, Project Manager, Soletanche Bachy Canada Inc.; Andrew Paven, Project Coordinator, BAUER Group; and Justin Ryan, Project Manager, R.W. Tomlinson. We reconnected with them after the event to discuss the panel’s overarching themes and gain insights into their career journeys. ››

Why did you pursue a role in construction? How did you get your start?

CURRIE: I have always had an interest in the industry and I knew there were many different career avenues available. This appealed to me because it allowed me to gain experience while still sorting out the path I wanted to take. I got started by meeting some friendly company representatives at a career fair during university.

PAVEN: Growing up, I was always interested in construction sites, big equipment, and building things. I needed a coop position while I was still in school, and I found one in construction. That led to another co-op and eventually into the position I am in now with Bauer.

RYAN: It was always a matter of time before I joined the construction industry full-time. I grew up playing a lot of sports and always enjoyed being part of a team working towards a common goal. After graduating from a Civil Engineering program, it was an easy decision for me to pursue a role in construction because I knew it would allow me to be part of something bigger.

What have been the most surprising aspects of the industry so far?

CURRIE: I was surprised when I first saw the pace a project can move through its life cycle. Seeing projects develop from being a lead into an award and then put into execution in short periods of time has been impressive.

PAVEN: One thing I find very surprising is the amount of time that is spent planning and designing infrastructure projects before the actual groundbreaking takes place. Before

construction, I didn’t realize how far in advance people talked about new bridges, highways or rail extensions before any information is released to the public. Also, the first time I was on a construction site, it blew me away how heavy steel really is!

RYAN: What’s surprised me the most is the sense of community within the construction industry. Although competition exists, there is mutual respect between companies and a sense of pride working in the industry. I have attended many OCA, NCHCA and ORBA events where you really feel the industry come together to try and find ways to build better infrastructure more quickly.

What have been the biggest challenges so far? How have you overcome them?

CURRIE: The biggest challenges have been related to managing projects with significant contractual issues. Overcoming those challenges required sticking to the fundamentals of project management that were taught to me early in my career, while also remaining open to asking for help from the people who have been through similar situations.

PAVEN: The biggest challenge I’ve faced so far is creating a positive work-life balance that suits the needs of me, my family, and, of course, my work. Finding the balance between my mental health, attitude and personal life and work has been difficult, but I am finding my way.

RYAN: The biggest challenge entering the industry was simply the lack of experience. There are so many specifications and procedures to follow to execute work properly and it takes time to familiarize yourself with them. In my opinion, the best way to overcome inexperience is to ask as many questions as possible and for an employer to pair you up with a good mentor. Employees need to be trained properly for them to gain the confidence they need so they feel like they can contribute to the team.

What do you believe has helped you grow within the industry?

CURRIE: Early on, I was fortunate to have mentors and managers who have exposed me to unique techniques and challenging situations with very little prior experience. I believe I helped myself by maintaining a willingness to help and get involved.

PAVEN: Good mentorship and a good group of people around me helping me to grow within my position. On-the-

job experience was also very good for me to learn and grow because I am a very hands-on learner, so reading and going through courses can only take me so far.

RYAN: Since I first started working in the industry, I was fortunate to always have great mentors who not only were willing to spend the time to teach me how things were done but also gave me the opportunities to try things on my own. This gave me the confidence to try things for the first time. Another thing that has helped me grow is training. I have attended many training sessions to help improve my construction knowledge and, more importantly, training to help improve my leadership skills.

What advice would you offer other young professionals entering the field?

CURRIE: Be curious, put in the effort to understand how and why things are happening, be humble, and be disciplined.

PAVEN: Learn from everyone that you meet. It doesn’t matter if it is the CEO of a company or the person who is driving the concrete truck on site that you may never see again; you will always have something to learn from everyone that you meet, whether it is a technical concept, a mindset, or even how not to treat people.

RYAN: Never be afraid to ask questions. It can be intimidating to enter a new profession without any experience, but we must realize that everyone enters their profession in the same boat. Generally speaking, people enjoy sharing their experiences with younger professionals and will want you to succeed. The more questions you ask, the more answers you’ll get.

What are some tangible ways that employers can make newcomers feel welcome in their jobs?

CURRIE: I recommend employers take the time to make proper introductions and make an attempt to spark conversations between the existing team and the

new members. Don’t exclude them from important discussions, and make sure you are giving them context behind the work that they are doing.

PAVEN: A great way is to appoint a supervisor who will patiently answer questions that the newcomer has. In my opinion, the best way to introduce new engineers is to give them a few days in the head office to get a feel for the company and what is expected before sending them out to the site. It is much easier to figure out what is needed when you build your support system in the office before you start instead of trying to figure it out on the way.

RYAN: The best way to retain people is for employers to show employees that they care. This means treating everyone with respect and giving them a workplace environment set up for success with training, mentorship etc. Another way of demonstrating that companies care is by way of appreciation. Team-building exercises go a long way in developing stronger relationships between peers and ultimately will strengthen their relationship to the company.

What

has made you stay in the industry? How can companies reduce the turnover of new hires or young workers?

CURRIE: There are many things that I like about the industry, but something that made a difference early on in my career was when I gained a sense of the breadth of the work. I was positioned on a relatively “boring” project, but my manager took me to see other projects that looked a lot more interesting, and I quickly became excited by the prospect of being involved in more interesting projects in the future. Companies should make an effort to expose new hires/young workers to different projects/techniques, and make an effort to show them what is out there

before placing them where they are needed. It gives the new employees the context they need to decide what they want to work towards.

PAVEN: The reason I have stayed in the industry is because I really enjoy the feeling of pride I get when I finish a project. I was part of the team that constructed the Wabaan Crossing in Kingston, and when the project was finished and the bridge was opened, I felt immense pride in being part of a project that many people would use daily. Along with the sense of accomplishment, I have had very good mentors and a good group of people around me through the start of my career. These people have pushed and supported me throughout my experiences and mentored me along the way to help me become who I am today.

RYAN: I’ve been lucky working at Tomlinson where they do a great job of showing employee appreciation. There are many events organized for employees, which has allowed me to develop strong work relationships with co-workers, who I now call friends. They also do a great job of training and have given me opportunities to expand my skillset by encouraging exposure to different aspects of construction. Being able to work on different levels of a project has allowed me to stay focused and not get bored of always doing the same tasks. I think this is a great way for employers to reduce turnover because now, more than ever, younger professionals seek new challenges and want to feel like they are learning something new every day.

Matt Bradford is an industry writer for the Canadian construction industry. He can be reached at mirbradford@gmail.com.

Building Momentum: From the Field to the Future

Whether you’re a football fan or not, Michael “Pinball” Clemons is bound to be a familiar name. This February, ORBA invited the charismatic sports star and motivational speaker to share his insights into leadership and adaptation during the 2024 annual convention from February 5 to 6, 2024.

MICHAEL

“PINBALL” CLEMONS

CANADIAN FOOTBALL HALL-OF-FAMER

GENERAL MANAGER, CFL’S TORONTO ARGONAUTS

BY MATT BRADFORD

As expected, Clemons delivered a game-winning keynote address. In his talk, “From the Field to the Future,” he shared stories from his career as a player and coach for the Canadian Football League and leveraged insights from his days on the field to discuss themes of growth, adaptability, perseverance, and teamwork in construction. ORBA’s RoadBuilder magazine caught up with Clemons after the big event to discuss several highlights from his all-star appearance.

Your keynote address was entitled “From the Field to the Future.” What does that theme mean for you?

The field to the future — that’s a really interesting theme for me because when I came into the Canadian Football League, I didn’t know much about it. Nor did I really know much about Canada. That was more a reflection on me though because I hadn’t taken the time to get to know either. I did know about the Blue Jays because the Dunedin Blue Jays [a Single-A affiliate of the Toronto Blue Jays] played in Dunedin where I went to high school and my mom worked for the city.

What I’m saying is there were a lot of unknowns for me when I first started out. But there are so many unknowns when you’re talking about entering any field. And for me, like anyone playing in a new field, there are opportunities to succeed. I went through this crazy transition of being a player one day and head coach the next. That should not happen [laughs]. That’s not the normal process and the way things typically go. But that’s what life is; it isn’t predictable and things often will go in a different direction as opportunities make themselves known. So, going back to your question, what that theme means to me is that we all go through challenges, experiences, and transitions. We’re all ‘playing’ in

our field, trying to succeed, and just taking opportunities as they make themselves known. And whether you’re young or old, that transition can be difficult and it can be awkward, but as those opportunities come together and you start looking at the future, you can’t be afraid to go for it and try new things.

Which ties back to your message about perseverance.

Right. When we talk about persevering and moving through to the future, I remember hearing someone say, “Do the next best thing.” So, what is the next best thing you can do? Got it? Good, now do that thing.

Also, a big part of perseverance is recognizing that we have the tendency to want to do it alone. We tell ourselves that we have to do this by ourselves, but there are so many people who are willing to help and who want to help as we’re moving through life, so let’s not try to do these things alone. Sometimes, we have people who we work alongside every day who are willing to give a hand. They might even have a little bit of extra expertise as they’ve been in a similar position or have practice in a particular situation. Other times, there are people who have a better perspective as they can offer advice from a third party point of view, with a different mindset that will challenge you to grow. ››

One of my favourite sayings that I use often is a proverb that goes, “If you want to go fast, go alone; if you want to go far, go together.” So, when I talk about perseverance, it’s the understanding that it is a collaborative venture. It’s a team sport. None of us can do this by ourselves.

And that’s something you learned in your own journey?

Absolutely. My mom was tremendous. She was just an amazing life coach, and she often would put me in situations to learn lessons early. One thing I remember is that when I was around ten years old, she started having me look at the energy bill and the phone bill when they came in and then have me reconcile them. And then, when I was 12, I was a bit advanced in my diction so she actually would have me call those companies and problem solve while talking through those bills. Those kinds of really clever early development tasks are the magic that she made, that made me. She’s my hero.

You are passionate about the concept and value of teamwork. How did that apply to your life, and why is it so important for people to remember you in any industry?

It is my belief that teamwork is essential to growth and living life itself. We often associate the word with different facets of life, but teamwork literally is life — the two are synonymous. That’s why the harshest form of punishment in our society is solitary confinement because experts say if you’re alone long enough, you go crazy. Going back to when I made that transition from player to coach, you always want to give your assertion of things, and get the team on one accord for the season.

Real change is really about all the little adjustments we make along the way, while maintaining the core values and vision of the group.

The first thing I said—and I’m sure it wasn’t very original—but I did say, “There is no I in team. A team is one. That means that I am you and you are me. If I talk about you, I talk about me. When I tear you down, I tear myself down. When I build you up, I build myself up.” That was something we talked about a lot and used to develop the cultural fabric of our group. We had other things we did to get excited and promote energy, but our team was based on the basic grassroots idea that, in reality, if we play this game, we will only be successful if we play for each other.

How is that teamwork important to the construction industry as it plans for the future and manages all the changes coming at it?

One of the most important parts of the job is working in tandem with the person next to you. So if we can’t work alongside the person next to us, if we can’t communicate, innovate and grow together, we will be unsuccessful, or inefficient at best.

Michael “Pinball” Clemons joined the National Football League in 1987 and CFL’s Toronto Argonauts in 1989. He was recognized as the CFL’s most outstanding player in 1990 after setting the singleseason record for all-purpose yards. He played his last game as an Argonaut in 2000 and became head coach of the team in the same year. In 2007, Clemons stepped down as head coach to become the chief executive officer, and in 2009, he was appointed as the vice-chair of the team. In 2019, Clemons was named the 20th general manager of the Toronto Argonauts.

Clemons is the founder of the Pinball Clemons Foundation, a non-profit organization that empowers youth through education. The foundation has built schools, hospital and orphanages in developing countries and awarded more than 200 scholarships locally. Clemons has received the Queen Elizabeth II Diamond Jubilee Medal and the Meritorious Service Cross, and is a member of the Order of Ontario. He has also been inducted into the Canadian Football Hall of Fame, Ontario Sports Hall of Fame, and Canada’s Sports Hall of Fame.

One of the other themes you touched on during your keynote is adaptability. What does that word mean to you and how does it relate to the industry?

When I speak of adaptability, the first thing that I think about is how unpredictable life is. Because life is unpredictable, the best way to be consistent is to change. Except change is often associated with these grand gestures, like a new company name, or different organizational structure. However, when we make the big wholesale changes, it generally means we’re already behind, and trying to overcome inefficiencies that have been left unaddressed for too long. Real change is really about all the little adjustments we make along the way, while maintaining the core values and vision of the group. It’s the little steps we take, and how we do the small things, that will really shape the framework of our future.

Someone smarter than me started this a long time ago, and that’s the idea of continuous improvement. That’s exactly what real change is—mobilizing and finding out what you can get better at and how you can share that improvement with the people around you.

What do you hope your audience took away from your keynote address?

Whenever I speak, I try to provide an experience that has a little something for everybody. I know I can’t do it all – I can’t speak to everyone’s situation, so my hope is that I can meet people where they are, be it in their jobs, or in their lives, and offer them a valuable moment of reflection.

ORBA is pleased to announce the appointment of Steven Crombie as our new Senior Director of Public Affairs. With over a decade of experience in government and stakeholder relations, his expertise in navigating complex legislative landscapes and fostering productive relationships between public and private sectors makes him an invaluable addition to our team.

In his most recent role as Senior Manager of Government and Public Affairs at the Ontario Sewer and Watermain Construction Association (OSWCA), Crombie worked with the Ontario Premier’s Office and the Minister of Transportation to secure a commitment to move forward with the construction of Highway 413 and the Bradford By-Pass. Additionally, he ensured that Ontario’s Income Protection Benefit (Paid Sick Days) included provisions tied to an expiry date and that employer payouts were reimbursed by the provincial government through the WSIB.

Crombie successfully advocated for reforms to the Ontario Immigrant Nominee Program (OINP) to recognize construction skill sets, facilitating easier access for skilled immigrants to contribute to the industry. His research on WSIB COVID-19 claims data demonstrated that Ontario’s sewer and watermain sector

New Senior Director of Public Affairs at ORBA

did not pose a public health risk during the pandemic, allowing the industry to remain open throughout 2021.

Crombie collaborated with industry stakeholders, the Ministry of Municipal Affairs and Housing, and the Ontario Premier’s Office to secure $550 million for municipal operational deficits, ensuring that municipal capital works projects continued throughout the 2021 construction season. He provided deputations to Ontario’s Standing Committee on Finance and Economic Affairs regarding the Building Opportunities in the Skilled Trades Act, 2021, and met with representatives from all four major political parties in Ontario to highlight the needs of the sewer and watermain construction industry.

Before joining OSWCA, Crombie served as Manager of Policy and Research at the Ontario Waste Management Association (OWMA). He played a key role in promoting and advocating for the adoption of OWMA’s policy positions and successfully championed priority vaccination sequencing for Ontario’s frontline waste workers.

In his government and stakeholder relations role at the Ontario General Contractors Association (OGCA), Crombie ensured that OGCA members were

Senior Director of Public Affairs STEVEN CROMBIE

well-positioned to take advantage of potential partnerships with the provincial government such as infrastructure delivery, apprenticeship opportunities, and tax incentives. While there, he developed #BuildOntario, an online public relations software to automate the association’s ability to engage MPPs and ministers through email or social media campaigns.

As a Special Assistant at the Ministry of the Environment and Climate Change, Crombie reported directly to the Parliamentary Assistant to the Minister of Environment and Climate Change. He led stakeholder engagement efforts with constituents, lobbyists, media, and municipalities, managed volunteers at events and represented the Parliamentary Assistant at meetings and public forums.

Crombie began his career as a Legislative Assistant in the office of Arthur Potts, MPP for Beaches-East York where he worked on significant legislation including Bill 8, Access to Consumer Credit Reports and Elevator Availability Act, 2018.

In addition to his professional pursuits, Crombie is actively involved in civic engagement and community service, volunteering his time to support various causes and initiatives aimed at promoting social justice and equitable access to opportunities and serving as a board member for Regeneration Community Services.

Throughout his career, Crombie has successfully advocated for policy changes, secured government funding, and facilitated partnerships between organizations and policymakers. His ability to navigate complex regulatory environments and build consensus among diverse stakeholders has made

him a trusted advisor to businesses, nonprofits, and government agencies alike. We are confident that his experience and skills will be of great benefit to our members and advance our collective goals.

Engaging the Next Generation

97th Annual ORBA Convention & AGM

The Ontario Road Builders’ Association’s 97th Annual Convention & AGM on February 5 and 6, 2024, brought together industry experts, renowned researchers, policy leaders and innovative thinkers in the industry.

With the theme Building Momentum: Engaging the Next Generation, the convention delivered a wide range of sessions on our collective efforts to attract talent and advance a future-ready, sustainable transportation infrastructure as the industry stands at a pivotal moment with significant investments flowing into Ontario’s transportation infrastructure.

ANDREW WELTZ

was elected as president of ORBA

“The road ahead will no doubt have curves and potholes, but together as an association I know that we can continue to build on our relationships with our partners to ensure that roads are being built collaboratively to keep Ontario moving while engaging the next generation and building on the momentum that has been developing over the past years at ORBA.“

to outgoing ORBA president, MARIO VILLENEUVE of Villeneuve Construction Co. Ltd, and outgoing OAPC Chair PETER HAMSTRA of Dufferin Construction Company.

and geopolitical trends.

The Right Honourable Stephen Harper, former Prime Minister of Canada, spoke on economic

CFL legend Michael “Pinball” Clemons

shared his inspiring story of resilience and teamwork.

Toronto Mayor Olivia Chow provided the opening remarks on the first day of the ORBA convention.

The Hon. Prabmeet Sarkaria, Minister of Transportation, and the Hon. Kinga Surma, Minister of Infrastructure, shared valuable insights into advancing the road-building sector.

The Hon. David Piccini, Minister of Labour, shared his insights at lunch on the second day.

The Hon. Doug Ford, Premier of Ontario, spoke at the lunch on day one. “Our government is investing $28 billion over 10 years to build new roads and highways, including Highway 413. Thank you to the Ontario Road Builders’ Association for the chance to talk about our plan to build so we can get people and our economy moving.”

ORBA’s vision is to be the leading advocate in Ontario’s transportation infrastructure industry and to promote and support the growth of Ontario’s transportation industry.

Michael Lindsay, President &

CEO

of Infrastructure Ontario, led an informative session on IO’s latest projects.

Metrolinx CEO Phil Verster highlighted the transformative journey in Canadian transit.

The Ministry of Transportation provided divisional updates to conference attendees.

At the end of the first day, attendees mingled at the Contractor’s Round Up followed by a late night social with Las Vegas casino-style games and ‘funny money’ to cash out for great prizes.

Thank you to all of our delegates, presenters, sponsors and exhibitors! You made this the best event in the road-building industry.

©iStock

Engaging Women in Construction: Building on Success

BY LARA HENRY

Over the past decade, the construction industry has made great strides in creating opportunities for women, but there remains significant work to be done. The future and sustainability of the industry demand that we move quickly to broaden our hiring pool and engage the next generation of women leaders in building up our businesses.

Women are underrepresented in off-site construction positions.

BuildForce Canada’s 2020–2029 Construction and Maintenance Looking Forward report stresses the importance of looking to the skills and energies of women to help empower the construction labour force of the future. Of the 1.1 million tradespeople employed in the industry last year, women made up only 4.7%. Women are also underrepresented in off-site construction positions.

On February 6, 2024, the second day of ORBA’s convention, it was standing room only at a panel discussion where representatives from industry and leaders in their field shared what initially attracted them to construction, their positive experiences, and what companies can do to replicate the success stories of these inspiring women. Attendees heard how they can build more attractive workplaces so that construction can be seen as a premier industry to build a career for women in the generation ahead.

Moderator Kourtney Adamson, Sales Manager, Yellowline Asphalt Products Inc., was joined onstage by panelists Allison Hurley, Director, Design Build, EllisDon Civil Ltd.; Camille Wallace, Contracts Manager, Powell Contracting Ltd.; and Melissa Young, CEO and Registrar, Skilled Trades Ontario. Here’s what they had to say on how they came to work in the industry, what’s keeping them there, and how companies can promote a female-friendly workforce.

What attracted you to the industry?

Adamson: When I started working, I went to a placement agency and was placed with Ashwarren. It was late May and the contracts and bidding were starting. The atmosphere was welcoming and high energy, and everyone worked hard together to get jobs. I was hooked. I couldn’t imagine being in any other industry.

Wallace: I fell into the industry accidentally – taking up an offer on an opportunity that would change my life. I took a position as a labourer after graduating university with a Bachelors of Science. Being involved in physically building something and seeing it go from paper to actuality changed my path forever. I went from a labourer, to batch operator, to production manager, to shop supervisor before moving into project co-ordinator, superintendent, and project management roles.

When people think of working in construction, they’re typically only scratching the surface with imagining the kinds of opportunities that exist in this field of work. There is a world of possibilities and it’s so exciting!

Young: Growing up in a rural area in a farming family, this type of work has always appealed to me to some extent. The training I led during the Irving Oil Refinery upgrade in the late 90s kickstarted my passion for the industry. My real attraction came when I started working in leadership roles within the skilled trades and realized the difference I could make in people’s lives. Being able to work with employers to ensure that workers had the necessary skills to complete the project was very rewarding. ››

What personally is keeping you in the industry?

Adamson: I love the passion and teamwork. I also love being part of the chain of events of a project and seeing it through to the end – it’s so satisfying and has kept me engaged over the years.

Hurley: I’ve had the opportunity over the course of my career to take on different roles and work on different projects which has kept my work life interesting and helped me to continue to grow professionally. This has made time fly by and has kept me engaged in all aspects of the work. It also helps that construction is one of the most exciting industries to be a part of. We get to have a direct influence on the world around us and are able to see the impact of our contribution as a project progresses. It’s so rewarding to be able to pass by a project and say that you were a part of it.

Young: The people, the diversity of the skilled trades and seeing the positive impact on apprentices, journeypersons and employers alike. The enthusiasm and energy people across Ontario have for the skilled trades is empowering. Whether I’m speaking to industry leaders, journeypersons, or students, it is immensely gratifying to hear their passion for the opportunities available in our province.

What have been your positive experiences working in the industry?

Adamson: As well as loving my job, I’ve been lucky to have the opportunity to volunteer with associations such as OHMPA/ OAPC, the Canadian Association of Women in Construction (CAWIC), and the Canadian chapter of Women of Asphalt. I’ve learned so much being a part of these associations and have benefitted from meeting people from across the industry.

Wallace: So many! From working on projects of a lifetime I will never forget (The Gardiner Expressway, Friday Harbour,

What do you feel is the most important information to convey to under-represented populations regarding the

Thorold Tunnel, and Bowen Road to name a small few) to the people I have had the honour of working with and learning from every day. Nowadays I get my thrills from watching people learn and develop. My best days are the ones I get to tell a deserving individual they are getting a promotion because they earned it!

Young: I have had many positive experiences throughout my 30+ years in the industry. I have been blessed with great mentors and overall support. There were trying days for sure; however, overall I have a great network across Canada in the skilled trades that are always only a phone call away. Knowing that I have built that reputation of being authentic and responsive keeps me grounded. I have immense support from all sectors.

What would you say to women considering the construction industry?

Adamson: I would tell them that women have a vital and important role to play. We need to change the perception that the construction industry is not for women and get the word out about the different opportunities and avenues available.

Hurley: I would absolutely say go for it. There are endless opportunities and different pathways available that can allow someone to find a role that works as a starting point or a lateral move. I would also stress that just because someone might not have a traditional background for construction, this doesn’t mean they won’t be able to find an entry point where they can learn, contribute and grow.

What should companies do to encourage women to join and stay in the industry?

Adamson: Companies should make sure that they feel part of the team. An inclusive environment promotes trust and retention. Recognize their capabilities and encourage ››

OAPC poll on attracting talent to the asphalt industry, November 30, 2023.

their growth by giving them more responsibilities and opportunities to prove what they can do. As long as you give women the opportunities, they will show up.

Hurley: I was lucky to have fallen into working in construction a little bit through chance, but the practical nature of the work and the ability to continually contribute to exciting projects is what has kept me here. I think that to encourage more women to join the construction world, it is very important to provide exposure to the industry early and to showcase that there is a wide range of different types of opportunities available for exciting careers both onsite and in the office.

Young: With our province facing such a severe labour shortage, we can’t afford to leave women on the sidelines. We need to empower young women and make sure they have a place at the table. Employers need to step up by taking on misconceptions about our industry to make the skilled trades more welcoming.

How can workplaces make changes to replicate your success story?

Hurley: I think it’s important for companies to provide equal access to opportunities and to encourage everyone to put their hand up for roles they are interested in even if they may not meet all of the requirements. Furthermore, if you see someone with potential, find ways to cultivate their capabilities by putting them in situations and positions where they can be challenged and have an opportunity to grow.

Wallace: Make sure the people you are promoting are the right people. Direct managers/leaders have the greatest impact on the work environment – keep learning, be honest, be teachers, be mentors — even when it’s hard.

Young: I believe we all have a responsibility to ensure women feel safe, respected, and valued in the workplace. Industry must play a leading role in this by implementing policies that protect women and enforce zero-tolerance for bullying, harassment, and gender-based discrimination of any kind.

Where do you see the growth

of

women in the construction industry going forward?

Adamson: There are so many opportunities in the industry whether it’s in the field or the office. In the office, I definitely see huge growth potential in project management, estimating, sales and marketing. People don’t always think of those roles when they think of our industry.

Hurley: It’s absolutely going to keep growing. I think that more and more women are realizing that this is a great industry to be a part of with lots of opportunity to go around.

Young: There are some really encouraging signs. For example, we are beginning to see more female apprentices going into construction. Recent moves by the Ontario government will only make this easier by requiring job sites to have designated washrooms and properly fitting equipment for women. The future is bright for women in the skilled trades. But there is a lot of work left to do and it’s time for us all to roll up our sleeves.

Panelists: Kourtney Adamson, moderator and Sales Manager, Yellowline Asphalt Products Inc.; Allison Hurley, Director, Design Build, EllisDon Civil Ltd.; Camille Wallace, Contracts Manager, Powell Contracting Ltd.; and Melissa Young, CEO and Registrar, Skilled Trades Ontario.

Lara Henry is a communication specialist and editor of ROADBuilder.

Sustainable Equipment: A path worth taking

BY MATT BRADFORD

Sustainability is a subject of much discussion (and debate) as stakeholders in virtually every field move towards a cleaner and cost-effective future. It’s no wonder, then, that the theme of sustainability in road building took centre stage at ORBA’s 2024 Convention and Annual General Meeting with a focus on industry equipment.

“Sustainability has been a very hot topic for all companies worldwide, and that’s in response to exponential growth in the carbon output as we’ve industrialized economies around the world,” says Dr. Ray Gallant, Vice President of Sustainability and Productivity Services, Region Americas, with Volvo Construction Equipment. As a panelist for the Future of More Sustainable Construction Equipment session, Gallant echoed a growing call for all construction industry players to seek ways of reducing their environmental footprint by adopting carbon-reducing equipment. After all, he adds, “This is an issue that we’ve got to do much better at if we hope to protect the health of our planet and meet our social responsibilities as contractors.”

Gallant shared the panel with industry veterans from across ORBA’s membership. They included Brian Davis, Construction Solutions Manager with Toromont Cat, who notes it was only a matter of time before the topic gained momentum in the industry. “The movement towards more

sustainable vehicles started in the automotive sector where everyone is now looking at alternative fuels or electrification. Now we’re seeing those same considerations transferring to the larger, heavy equipment side.”

Several factors are adding to that momentum. Emerging government regulations, for one, are holding organizations across all sectors accountable for lowering their carbon footprint and meeting ambitious net zero goals. This includes both companies in the road building space and their clients who are increasingly looking to do business with contractors that can support their environmental, social, and governance (ESG) strategies.

“Our customers are pushing this; they’re going down that path,” says ORBA panelist David Reid, Sales Manager with Liebherr-Canada Ltd. “We hear it from our customers all the time — they want to reduce their environmental impact, so equipment manufacturers are trying their best to respond to that.”

The high drive electric drive dozer of the Cat ® D6 XE has no gears to shift. (Toromont)

Electric LH26 Material Handler. (Liebherr)

Beyond stakeholder pressures, Reid suggests the call for more sustainable construction equipment and carbon-reducing technologies is coming from an industry-wide desire to adopt more cost-effective fuel solutions: “For a long time, fuel burn didn’t matter as much as it does today in our line of work because the value of diesel was much less. So other costs took priority. Now, though, the rise in the price of fuel has people in the field asking how they can contain that expense and lower our overall cost of ownership.”

Combined with the potential for cleaner tech to support quieter machines and lower maintenance requirements, there are strong arguments in favour of pursuing more sustainable equipment. Still, it’s not as quick or as easy as flicking a switch.

One mission, many paths

There is no direct line to sustainability in construction. As such, manufacturers are pursuing a host of strategies regarding equipment.

“The way we look at it is that sustainability comes down to integrating sustainability technologies in all its forms,” says Dr. Gallant. “Battery-electrics are not suitable for every machine, nor are hydrogen power engines or alternative fuels. Every one of those solutions has its place and will be part of the solution as we go forward, but there’s no one solution. That’s why we’re researching and developing different sustainable power solutions depending on the type of application and machine itself.”

Indeed, any meaningful discussion of sustainable equipment must account for various approaches. Replacing dieselburning equipment with electric alternatives, for example, is one alternative that’s gaining traction thanks to its potential to lower emissions, operate quieter, and require less maintenance in specific situations.

These are all benefits worth considering, says Davis, but it’s important to remember that electric equipment isn’t a surefire solution on every jobsite. “Electric construction equipment aren’t Teslas — you can’t just plug a piece of equipment into a wall charger and charge it up overnight. These things require immense amounts of power to stay active and that becomes a

roadblock if you’re a contractor who’s working on a site where there’s no supporting infrastructure.”

Portable battery packs and charging stations can address the lack of infrastructure on remote or greenfield sites. Equipment designers and manufacturers have been working to make these electric power options last longer and work more effectively in any environment, including cold Canadian locations that can drain battery-operated technologies.

Another roadblock to electrifying road-building equipment is cost. As panelist Quoc Nguyen, Regional Business Manager with Hitachi Construction Machinery Americas Inc., notes, “New technologies that reduce carbon footprint such as batteryelectric, hybrid technologies are quite a lot more expensive than traditional. Contractors generally look at ROI and whether the savings in operating cost by using no or less fuel makes up for the difference in the cost of the equipment.”

As with any new and emerging technology, it’s only a matter of time before production volumes and competition bring those prices down. Currently, however, making a financial argument for electric fleets can be difficult, even for early adopters. On this point, ORBA panel organizer Mauro Mastronardi, Vice President of Corporate Affairs with Amico, reiterates ››

The hybrid 988XE uses a diesel engine to power an electric generator to power the drivetrain. (Toromont)

that electric equipment is just one of several approaches to sustainability that deserve exploration.

“I participate in a number of industry events and I know that on the construction services side of the industry, there have been a lot of questions about whether or not a ‘Tesla’ dominant player would emerge in the heavy civil equipment space,” says Mastronardi. “What became very apparent from our presenters at ORBA’s convention, though, is that unlike with automobiles, issues such as the variety of usage needs, the overall power needs, and the daily hours of usage for heavy civil equipment will dominate discussions on alternate power sources or equipment.”

Exploring the alternatives

While electrification is often top of mind when discussing sustainable technologies, ORBA’s panel underscored the fact there are other solutions that can provide timely results.

“What we tried to focus on during the panel was what’s available today in the hybrid space, which includes diesel-engine, electricdrive machines that are extremely fuel efficient and extremely efficient machines,” says Davis, explaining that this tech allows the engine to do is run at a steady state and lower RPM (revolutions per minute) so it burns much less fuel and creates fewer emissions.

“Not only that, but hybrid engines can also contribute to a more efficient system,” he continues. “On your typical heavy piece of equipment, you’re on and off the throttle and your engine is throttling up and down. So when you’re running at high idle, you’re at your max fuel burn. What a hybrid model allows you to do is get into the sweet spot on the power band to create the power required to generate power to move the tractor at the same time, and do it the most fuel efficient way possible.”

Sustainable fuel alternatives are also creating a buzz. According to Nguyen, “Most companies are looking at alternative and more sustainable fuels to reduce emissions, be it biodiesel, natural gas/propane conversions, or renewable diesel (hydrotreated diesel), among others.”

All told, ORBA’s panelists had plenty of insights to share on the various technologies that can, and in many places are, being explored to create more sustainable fleets. As Mastronardi recalls, “The session went beyond the issues of EVs in heavy civil construction equipment — it also tied together some of the digitization, artificial intelligence, and automation along with power considerations from battery, grid, hybrids, alternate fuels, hydrogen, and so on.”

“Combining all these through new equipment offerings will allow us to not only move forward with industry 4.0 but also assist in achieving a more sustainable future for all,” he adds.

Sustainability is about more than tech

A recurring question from ORBA’s panel was, “What can contractors do now to lower their carbon footprint.” Promisingly, the panelists had more than a few ideas.

“A message I was trying to drive home on the panel was that there’s a lot of things that can be done right now to make a fleet more sustainable, and one of those is focusing on the fuel efficiency of your fleet and making improvements where you can,” offers Reid.

Reducing fleet-wide fuel consumption is easier than ever thanks to the emergence of smart sensors, GPS technologies,

The LB30 Unplugged, a foundation drilling rig, is 100% battery electric powered. Calgary, AB. (Liebherr)

50t prototype excavator powered by a D976 hydrogen engine. (Liebherr)

and other real-time tracking technologies (aka “telematics”). These can be embedded into pieces of equipment to track how much fuel they are burning. Through this practice of ongoing data collection and assessment, contractors can zero in on the sustainability metrics that matter most, set fuel-burning benchmarks, and create data-driven targets.

“Machines in the last 10 to 20 years have become a lot smarter and, as a result, we’re seeing telematics technologies widely embraced across the industry,” says Reid.

Nguyen also shared his thoughts on shorter-term sustainability strategies. Beyond optimizing the amount of equipment needed on a jobsite based on available data and specific needs, he suggests industry players can benefit from performing more preventative maintenance, taking advantage of autoidle and auto-shutdown technologies, and refreshing their waste management strategies. Of the latter, he explains how there are benefits to looking at remanufactured components – engines, hydraulic pumps, cylinders, and so on –or remanufacturing older equipment instead of buying new equipment.

These practices, combined with stronger workforce sustainability training and awareness, can go a long way toward promoting greener, more sustainable road-building projects. Of course, implementing them requires buy-in from the top, a willingness to learn, and a mindset of continued improvement.

Step by step

When it comes to transforming construction equipment fleets, the ageold saying is true: this is not a sprint, this is a marathon.

“It will take some time to get there,” says Davis. “It’s important that we have these bold goals, but people have to be patient because while we are making good progress, there is no silver bullet.”

Certainly, the route to industry sustainability is long. It is powered by open minds, early adopters, tech-savvy contractors, and public sector allies who are willing to lay out the support and incentives to navigate the journey.

“Sustainability is not all about doom and gloom,” adds Dr. Gallant. “When we prioritize sustainability in our industry, we also begin changing the narrative from one where ‘construction is ruining the planet’ to one where we’re making a more positive impact in our world and our businesses.”

ORBA Hall of Fame

Claude Villeneuve received ORBA’s highest honour as the 2023 ORBA Hall of Fame inductee. The award recognizes consistent exemplary and distinguished service to the association, the Ontario road-building industry and/or the nominee’s community over a lengthy period of time. From humble beginnings, Villeneuve forged a path that would see him become a pioneer in the civil construction industry in northern Ontario with Villeneuve Construction. Claude Villeneuve passed away in April 2024.

L-R:

Martin Villeneuve, Claude Villeneuve, Mario Villeneuve

Director of the Year Award

The ORBA Director of the Year Award goes to the director who demonstrates exceptional efforts and actions that go well above and beyond their regular volunteer duties at the association. The winner of the 2023 Director of the Year Award, Geoffrey Stephens, CEO, Capital Paving Inc. and Fowler Construction Company Limited, is the embodiment of this award. He has led with courage and grace during unprecedented times and has dedicated his time to boldly tackle issues facing our industry.

Distinguished Service Award

The ORBA Distinguished Service Award is awarded to individuals who have made an outstanding contribution to our association and who, through this work, have also made an equally remarkable contribution to our industry. Brady Dunlop, Senior Vice Present, Canadian Equipment Finance, has served the ORBA Audit Committee as the chair since 2020 and we commend his unwavering dedication and hard work in maintaining financial integrity and accountability.

Community Leadership Award

ORBA applauds and encourages our members who not only skillfully build roads and other infrastructure, but also generously give of their time, money, and resources to help others and uplift their communities.

R.W. Tomlinson Limited received this year’s Community Leadership Award for their community involvement activities including participation in BGC Ottawa and Kingston; organisation of events at the Ottawa Food Bank where 100% of the funds were given to the charity; participation in the Multifaith Housing Initiative; representing the LGBTQ+ community; and supporting the Kemptville District Soccer Club, Christie Lake Kids, and Kemptville District Minor Hockey Association.

L-R: Mario Villeneuve, Andrew Weltz, Geoffrey Stephens

L-R: Mario Villeneuve, Jason Mountney, Andrew Weltz

L-R: Mario Villeneuve, Brady Dunlop, Andrew Weltz

Routly Safety Awards

Category 1

PTR Paving Inc.

Under 100,000 person-hours worked without a lost-time injury

Category 2

Gazzola Paving Limited

Over 100,000 person-hours worked without a lost-time injury

Category

Dufferin Construction Company also won the Concrete Contract of the Year Award. GIP Inc. was a finalist.

L-R:

Ministry of Transportation Awards

Dufferin Construction Company won the 2023 Asphalt Paver of the Year Award. Finalists were J&P Leveque Bros., Pioneer Construction and Thomas Cavanagh Construction Limited.

Endri Bagaj received the Routly Award Category 1 on behalf of PTR Paving Inc. (with Mario Villeneuve and Andrew Weltz)

Doug Jones, Deputy Minister of Transportation and Ehsan Fard, Dufferin Construction Company

Virgil Gazzola received the Routly Safety Award

2 on behalf of Gazzola Paving (with Mario Villeneuve and Andrew Weltz)

Doug Jones, Deputy Minister of Transportation and Gary Dempster, Dufferin Construction Company

ORBA College Civil Engineering Technology Scholarship

David Corbeil of Conestoga College

ORBA University Civil Engineering Technology Scholarship

Luke Byvelds of the University of Ottawa

J.D. Chick Scholarship

John Alexander McMurtrie of McMaster University

ORBA Scholarship Recipients

Congratulations to this year’s scholarship winners.

WHO’S IN CONTROL?

SUPREME COURT OF CANADA ADDRESSES WHEN AN OWNER IS AN EMPLOYER ON A CONSTRUCTION SITE

A construction site involves many actors: the owner, constructor, subcontractors and workers. All have separate, but often overlapping, obligations under Ontario’s Occupational Health and Safety Act (“OHSA”) to protect health and safety on site. When an accident occurs, the Ministry of Labour, Immigration, Training and Skills Development (“Ministry”) will investigate to determine if any party failed to comply with its OHSA obligations. Under section 25(1)(c) of the OHSA, the “employer” is responsible to ensure compliance with all measures and procedures prescribed by the OHSA and its regulations.

The OHSA defines “employer” as: “a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services.”

A recent Supreme Court of Canada decision released on November 10, 2023,1 addressed the question of when a construction site “owner” may be considered an “employer” under the OHSA, and in so doing expanded the definition of employer to apply even when an owner does not control the workers on site. The decision is troubling and has significant implications for Ontario construction site owners.

What happened?

The City of Sudbury (“City”) contracted with a constructor, Interpaving Limited (“Interpaving”), to repair a water main and repave streets. Interpaving was the general contractor on the project and provided its own employees to perform the work. The City hired two quality control inspectors to inspect the project.

During construction, an Interpaving employee tragically struck and killed a nearby pedestrian with a road grader. A Ministry investigation concluded that, contrary to the requirements of the OHSA’s Construction Projects Regulation, there was no fence to

1 R v Greater Sudbury, 2023 SCC 28 (CanLII).

separate the construction work from the public and no signaller present. The Ministry charged both Interpaving and the City as “employers” under the OHSA.

The City conceded it was an owner at the site and had sent its employees for quality control purposes. However, the City disputed being characterized as an employer of the Interpaving workers on the site as it was not in control of how work was performed; this was Interpaving’s responsibility.

At trial, the City was acquitted on the basis that, while a party may be both constructor and owner, in this case the City lacked the requisite control over the project to be held liable as an employer. The matter was successfully appealed to the Court of Appeal for Ontario which found the City to be an employer because it employed the quality control inspectors who oversaw Interpaving’s workers. Significantly, the Court of Appeal did not consider the very limited control the City had over Interpaving’s workers.

The City appealed to the Supreme Court of Canada which split 4-4.2 As a result of the ‘tie,’ the appeal was dismissed and the Court of Appeal decision stands.

Those in favour of the City being an “employer”

Four judges dismissed the appeal on the basis the City was appropriately considered an employer of the Interpaving workers on the site. According to those judges, the purpose of occupational health and safety legislation is to protect health and safety in the workplace and, to do so, the act places overlapping responsibility on various workplace actors, i.e., a “belt and braces” approach. As such, a project owner will be an employer for the purpose of the OHSA if it employs workers on a site or contracts for the service of workers on the site, regardless of ‘control’ over the workers.

This interpretation is consistent with the plain language definition of employer under the

OHSA, which does not import a requirement of control. That said, the degree of control may be relevant to a due diligence defence which an employer may subsequently argue.

Those opposed…

Four judges held the City should not be considered an employer of the Interpaving workers under the OHSA. In their view, the definition of employer is intended to cover both a traditional employer-employee relationship and where an entity directly contracts for services. However, the definition is not intended to cover a situation where a project owner retains another party – such as a constructor – to undertake a project.

According to these judges, it would be ‘absurd’ to require an owner to be responsible for workers hired by a constructor, when the owner has no control over those workers. Particularly in the construction industry, where there are often several contractors and sub-contractors each performing their own specialized work, it is practically impossible for a project owner to be responsible for each and every worker, and this would lead to endless charges without a proper basis.

Takeaway for employers

The split decision of the Supreme Court of Canada means the Court of Appeal decision stands and the definition of “employer” may apply even when a project owner has no control over workers on site. This is troubling both in terms of legal implications and practical application. However, for now, it remains the law of Ontario.

To mitigate risk, project owners should become being familiar with the duties of an employer under the OHSA, and appropriately screen, select, and monitor contractors, to the extent reasonable. This might include reviewing a contractor’s safety records and training protocols and any steps being taken to ensure ongoing compliance with health and safety standards.

Dan Averbach and Luiza Vikhnovich are lawyers with Sherrard Kuzz LLP, an employment and labour law firm representing employers.

2 Ordinarily, nine Supreme Court of Canada judges decide a matter to avoid a split decision. In this matter, for reasons not relevant to the decision, eight judges decided the matter.

ORBA is delighted to announce the successful conclusion of the 2024 Road Building Academy held at the BMO Institute for Learning in Toronto from February 26 to March 1, 2024. The Academy’s curriculum encompassed management and leadership, business and professionalism, technical and safety, and law and legal matters.

The 17th annual Academy provided 16 courses addressing important industry topics and drawing over 250 attendees from across the province. The event served as a platform for networking and collaboration among industry peers, facilitating knowledge exchange and enhancing professional connections.

A cornerstone of the Road Building Academy is the Project Management Certificate Program offered in partner-

ship with the University of Waterloo. This program allows industry professionals to achieve certification over a two-year period by completing two five-day sessions at the ORBA Academy. In 2024, ORBA is proud to announce that 16 students successfully completed the program and received their certification.

We would like to express our sincere appreciation to the dedicated Education. Led by Chair Geoffrey Stephens from Capital Paving Inc, the committee includes members Debara Bailey, Barrier Ridge Capital; Cam Becker, Steed and Evans; Mike Deckert, FLO Components Ltd.; Charles Quenneville, Platform Insurance Management Inc.; Sina Varamini, Crumb Rubber Manufacturers; Amma Agbedor, Asphalt

Institute; Craig Angus, Peter Kiewit Sons ULC; Nikki Laskin, AON; and Cameron Wood, Roto-Mill Inc. Their invaluable contributions were instrumental in shaping this successful event.

Looking ahead, we reaffirm our commitment to fostering the growth and success of our industry at next year’s Road Building Academy.

ORBA CORNER

ORBA WEBINARS

THE IMPORTANCE OF BORDERLINE SPECIFICATIONS FOR ASPHALT PRODUCTION

Brought to you by the Innovations & Education Subcommittee of OAPC/Good Roads Municipal HMA Liaison Committee, this webinar explains why specifying borderline is important, and an emphasis on:

· The basic components of batch and drum asphalt plants, and operations associated with manufacturing asphalt;

www.orba.org/webinars

CONFLICT AVOIDANCE PROCEDURE

In partnership with Greater Toronto Sewer and Watermain Contractors Association (GTSWCA), this webinar discusses embedding conflict avoidance mechanisms to avoid and manage conflicts. Martin Burns and Sue Barrett speak about their experiences with using the RICS Conflict Avoidance Process on Transport for London projects.

· Avoiding asphalt mix deficiencies and understanding production constraints;

· Acceptable asphalt expectations and the borderline connotation; and

· Key questions for improved quality asphalt production, with an emphasis on curbing any extremely punitive measures by road-owner agency specifications.

MUNICIPAL PAVING INSPECTOR CHECKLIST

Brought to you by the Innovations & Education Subcommittee of OAPC/Good Roads Municipal HMA Liaison Committee., this webinar provides an overview of the work of the OAPC/Good Roads Municipal HMA Liaison Committee and the “Municipal Paving Inspector Checklist”, one of the latest accomplishments of the QA/QC Subcommittee.

The Municipal Paving Inspector Checklist is available for download at: https://goodroads.ca/news_articles/themunicipal-paving-inspector-checklist-is-now-available-fordownload/

The 2024 Ontario Paving Report can be downloaded at: https://goodroads.ca/news_articles/2024pavingreport/

2023 ORBA FALL GALA

The 2023 ORBA Fall Gala was a resounding success with over 250 guests in attendance. One of the highlights of the evening was the presence of the Minister of Transportation, Prabmeet Sarkaria, who joined us to address our members. His words of encouragement and recognition served as a powerful testament to the vital role the road building construction industry plays in shaping our infrastructure and driving economic growth. We extend our sincerest gratitude to all who contributed to making this event a triumph, from our dedicated organizers and sponsors to each guest who graced us with their presence.

• ANNUAL MEMBERS GOLF TOURNAMENT

August 29, 2024

• ORBA FALL GALA

October 19, 2024

• ORBA PRESIDENT’S TOUR

November 2024

• OAPC FALL ASPHALT SEMINAR

November 28, 2024

• ORBA ANNUAL CONVENTION & AGM

February 2 – February 4, 2025

ORBA CORNER

SPOTLIGHT ON NEW MEMBERS!

ALLIANCE TRAFFIC CONTROL INC.

Alliance Traffic Control is a traffic control company who do MTO and municipal work. They are currently working on the Mobilinx LRT project on Hurontario in Mississauga. They provide the following services:

• Traffic Control Services

• Barricade Supply Services

ALLTRADE EQUIPMENT CORP.

• Traffic Control Equipment & Supplies

• (416) 253-8761

Alltrade Equipment Corp. is an authorized Stepp MFG, Seal-Rite, MBW, Soft Heat, and PavePro Dealer. We are proud to carry a large selection of new and pre-owned inventory. When you are ready to invest in new equipment, our friendly and knowledgeable sales, financing, service, and parts departments are prepared to make sure your experience is outstanding, from assisting while you’re making your choice to ongoing maintenance and customization. https://www.alltradeequipment.ca/

BIODIFFUSION TECHNOLOGIES

BioDiffusion Technologies manufactures and supplies superior bio-based binders and sealants that contribute to more resilient and sustainable industrial practices. Easily incorporated into existing processes, our proprietary solutions substantially reduce cost and environmental impact. https://www.biodiffusion.ca/

COBOURG DEVELOPMENT SERVICES LTD.

Since its inception in 1986, Cobourg Development Services Ltd. (CDS) has emerged as a leader in the heavy civil construction industry. Through our dedication to quality, integrity, and professionalism, we’ve earned the trust of countless clients, providing expert services in municipal water and sewer infrastructure, site development, and aggregate manufacturing. https://cds-ltd.ca/

CONCRETE ONTARIO

Concrete Ontario was originally the Ready Mixed Concrete Association of Ontario formed in 1959 to act in best interest of the Ontario’s ready mixed concrete producers and the industry. Concrete Ontario provides a world class plant certification program and is active in new concrete and admixture technologies, education and training, environmental stewardship and ongoing partnerships. https://www.rmcao.org/

CONTROL SYSTEM CA, INC.

We offer our customers services and products at a high technical level, corresponding to the latest trends in the development of electronics and software. We offer comprehensive services in the development of electronic devices and customer solutions. https://controlsystems.cz/

EXPLORER SOFTWARE

Explorer Software is a construction software company. Explorer Eclipse is a fully integrated accounting and project management software designed specifically for the construction industry to run projects, maintain equipment, track your documents and manage your workforce. https://explorer-software.com/

LH NORTH LTD.

LH North is an innovative heavy-civil construction company based in Northwestern Ontario specializing in building and designing major infrastructure such as bridges, roads, and underground water networks. https://www.lhnorth.com/

RENEW YOUR MEMBERSHIP TODAY!

Joining ORBA is an investment in your company and in the future of road building. Get inside access to exclusive events, continuous education, sponsorships and exhibitions. Have an impact on government and contribute to a great industry. membership@orba.org

MARATHON EQUIPMENT INC.

Marathon has become recognized as a leading name in the manufacture of quality road maintenance equipment, tools and specialties. We manufacture and distribute equipment and products required to repair and maintain roads and other asphalt or concrete surfaces such as airports, parking lots, and bridge decks. https://marathonequipmentinc.com/

POWELL FENCE

Powell Fence provides clients with a wide range of services to cover all their construction and installation needs. No matter what the project might be, contracting professionals work to provide professional service delivered safely to meet your needs. Powell Fence offers the following services:

• Noise Barrier Installation

• Fence

https://www.powellfence.ca/

THE SHARP GROUP

• Enclosure & Firewall Installation

• Pedestrian Barricades & Railings

The Sharp Group is a team of knowledgeable employees who provides service across Central Canada, completing projects ranging from road construction to arch culvert installation. The Sharp Group is known for its work in remote and adverse locations and specializes in cement and modular bridge construction. Our team is supported by industry leading engineers licensed to work in Canada. https://thesharpgroup.ca/

TEDESCON INFRASTRUCTURE LTD.

A team of professionals who are skilled in all aspects of infrastructure development, from planning to construction and maintenance. They provide end to end support, from risk assessment, environmental compliance, to safety management. Tedescon is a trusted partner for high-quality construction services, ensuring successful civil infrastructure projects. With decades of experience as a sewer and watermain contractor. Specialize in sewer, watermain and roads. https://tedescon.com/

TOTAL STREET MAINTENANCE INC.

Total Street Maintenance (TSM) provides a wide range of paving and construction services to clients across Northern Ontario—including Kapukasing, Cochrane, Hearst and Timmins. More than a decade of experience and knowledge make up the TSM team. And our professional workmanship is demonstrated in each and every job we do whether it’s:

• paving a driveway,

• doing street maintenance,

• building a road, • doing snow removal, or

• sweeping a lot, • renting out large equipment. https://www.tsmpaving.com/

V PLAN INC.

From estimating costs on your next project to finishing it up, V Plan has helped hundreds of construction companies boost profits and reduce unnecessary costs using simple but effective organizational-technology solutions. The on-demand project-estimating services and custom construction-management software, Realtraker™, combine to create a system where you will always be ahead of any problems you may encounter in your project journey. https://thevplan.com/

ZYDEX

Zydex is a specialty chemicals company with the purpose of innovating to create a sustainable world through conservation of resources. Zydex offers a diverse set of chemical technologies for the textile, agriculture, pavement and construction industries. https://zydexgroup.com/us/