The Construction Association of Nova Scotia (CANS) has been a strong advocate for positive change to legislation that effects our industry. Over the past several years, we have advocated for changes to the Builders’ Lien Act of Nova Scotia. With support from other industry groups and strong partnership with government, those efforts have paid off and significant changes to the Act and supporting regulations come into full force TODAY June 30, 2017.
In 2012, CANS, with broad-based industry support, put forward amendments to the Builders’ Lien Act as part of the public consultation and review. Those recommendations included:
- The adaptation of the amendments to progressive release of holdbacks.
- Amendments to the disbursement of finishing holdback.
- A single-central point of publication for public notice of substantial completion.
While all three recommended amendments to the Builders’ Lien Act have now been proclaimed and take full effect at the end of this month, the third amendment was the last piece needing to be defined.
For more information about the regulatory changes to the Builders’ Lien Act, click HERE.
As of today, June 30, 2017, it is required by law that all contractors and buyers of construction use a single site of publication – www.substantialperformance.com – ensuring notice is given to parties when a contract is substantially performed and when a sub-contract is certified as complete.
Without a requirement of notice, contractors, suppliers, subcontractors and employees may not know when these critical stages have been reached, particularly if they are among those who have finished work on a project at an early stage and are no longer present to observe its progress. Notice of these milestones is important because it starts the clock running on some important time limits in the Builders’ Lien Act. Notice acts as a trigger, after a period of time with no lien registered, for release of holdbacks. In some cases, notice also starts the clock running on the time to register a lien. The regulations also clarify what should be in the notice and how and when the notice has to be published.
Under the new regulations the requirements are the same for both milestones and will:
- Require owners to post notice in a prominent location at the job site office as well as on the publicly available portion of CANS’ website; and
- Require that notice be provided within 10 days of the relevant milestone.
Substantialperformance.com was built by CANS with broad-based industry support. The centralized electronic publication site was created to benefit our economy, industry, and protect the legal rights/responsibilities of industry participants. It is extremely user friendly and self-explanatory. It takes only a few minutes to create your profile, upload certificates, and view notices. It is available at no charge to all users.
To better equip you with further information, click HERE to access our FAQ document detailing various aspects of the site.
In April 2016, government introduced and passed Amendments to the Occupational Health and Safety Act to help keep Nova Scotians safe at work. Most employers in Nova Scotia operate safe workplaces. However, there are some who repeatedly break serious health and safety rules, putting Nova Scotians at risk of serious injury or death. The amendments hold those employers more accountable, and were passed by the legislature with a commitment by the Department to work with stakeholders on next steps. That work is complete, and we’re ready to put the changes into place.
The amendments came into force on June 12, 2017.
Click HERE to review the Safety Bulletin summarizing the changes to the act.
Click HERE for a copy of the updated Act.
To review the details of the revised Act, click HERE for the link to Bill 165.
If you have any questions or concerns, please call 1-800-952-2687 or 902-424-5400, or via email at firstname.lastname@example.org
Les White of Fundy Construction passed away on Friday, April 28, 2017. Les served as President in 1983. To view his obituary, click HERE.
Fundy Construction (Halifax, Nova Scotia) itself has had a long tradition of involvement and support for the Construction Association of Nova Scotia. Six individuals from the company served as president — A.S. MacMillan in 1932, G.W. Miller in 1941-43, A.E. MacMillan in 1959, Earle Bowman in 1966; Wilf Giffin in 1973; and Les White in 1983.
PLEASE NOTE: CANS offices in Dartmouth & Sydney will be closed Monday, February 20, 2017 to observe the statuatory holiday. The office will reopen Tuesday, February 21, 2017 at 8 am.
Due to weather, CANS offices in Dartmouth & Sydney will delay opening on Thursday, February 16, 2017 until 10 am.
Please Note: CANS office will be closed on Monday, August 1 reopening on Tuesday, August 2 at 8:30 am to observe the Natal Day Holiday. CANS Members are advised to plan accordingly.
Why Not BIM! Come join AECO industry leaders and practitioners in an open discussion about BIM. We will host a series of presentations and panel discussions aimed at addressing this central question: Why Not BIM? A lot has been said about BIM; its purpose, its value, but now it’s time to discuss the direction of BIM in Canada’s Eastern Provinces and how this technology will affect your business.
• What are the key issues surrounding BIM for the various stakeholders?
• What does the next two to five years look like?
• What are your options when adopting BIM?
• What risks do we face from lagging behind other regions and countries?
• What impact does a lagging BIM adoption have on our workforce in Atlantic Canada?
This event will be the best opportunity to participate alongside industry leaders, stakeholders and decision makers in one room. You will not want to miss the opportunity to participate and perhaps ask the questions that affect you most. Register now!
April 28 is the Day of Mourning – a day to remember those who lost their lives or were injured because of their work. The website DayOfMourning.ns.ca features a powerful new video about a young Nova Scotia man named Kyle Hickey. His tragic story, told by his family and friends, is an emotional reminder of the importance of workplace safety.
There are several ways to commemorate the Day of Mourning in your workplace:
• Visit dayofmourning.ns.ca to view a powerful new video about Kyle Hickey, a young Nova Scotian who died in a workplace tragedy in 2008, and share the video with your employees.
• Make an online tribute and encourage your employees to do the same.
• Observe a moment of silence and attend a remembrance service.
• Lower flags to half-mast.
• Follow our Day of Mourning Facebook page.
• Use the Employer Toolkit page for more ideas to commemorate this special day.
We encourage you to take a few minutes this April 28 to share Kyle’s story with your employees, and make them more aware and more focused on the importance of working safely.
Loblaw is planning to build dozens of new stores and renovate more than 100 others this year, creating thousands of retail and construction jobs. Loblaw says that overall, it will erect about 50 new stores and renovated 150 existing ones, including projects that started in January. Read more