CCA displeased by Supreme Court of Canada decision to dismiss appeal on use of reprisal clauses in British Columbia

Our colleagues at the Canadian Construction Association (CCA) have issued the following press release to voice their displeasure with the recent decision by the Supreme Court of Canada to reject the appeal brought forward by J. Cote & Son Excavating. This ruling has serious implications for contractors as it effectively upholds the use of reprisal clauses in tender documents.

From CCA’s press release on J. Cote & Son Excavating appeal:

OTTAWA, December 16, 2019 – The Canadian Construction Association (CCA) is displeased to learn that the Supreme Court of Canada has dismissed an appeal brought forward by contractor, J. Cote & Son Excavating.
 
Last week’s decision effectively upholds the use of “reprisal clauses” in tender documents. The clause used by the City of Burnaby against J. Cote & Son Excavating stated that the city would not accept tenders from any party that is, or has been within the last two years, involved in legal proceedings initiated against Burnaby arising out of a contract for works or services.
 
“The clause effectively forces consultants or contractors who may have a dispute with the city to choose between pursuing their legal rights and bidding on city contracts for the next two years,” said Mary Van Buren, CCA president.
 
This ruling has serious implications for contractors; it condones placing contractors on a two-year blacklist that bans them from bidding on city projects.
 
“The inclusion of these types of clauses in contracts essentially allows contractors to be financially punished for exercising their legal rights,” explains Van Buren. “The result is contractors are deterred from accessing the courts to enforce their legal rights because they fear being banned from future participation in projects.”
 
The decision by the Supreme Court of Canada effectively means that there is no constitutional barrier to municipalities using reprisal clauses. CCA will continue to closely monitor any developments as the association believes this case ruling could have major implications for the construction industry in all of Canada.

If you have any questions or comments about this release, please contact CCA’s vice-president of public affairs, Rodrigue Gilbert, at rgilbert@cca-acc.com or 613-236-9455, ext. 432.

Workforce Development: CANS gives keynote address at career expo

On Friday, November 29, 2019, the Construction Association of Nova Scotia (CANS) attended the West Hants Middle School Career Expo. The event brought together more than 500 middle-school-aged (grades 6-8) students to explore future career paths.

STATS // GDP by Census Metropolitan Area (2016)

GDP BY CENSUS METROPOLITAN AREA, 2016

Today, Statistics Canada released Gross Domestic Product (GDP) data for Canada’s Census Metropolitan Areas (CMAs) and the areas outside of CMAs for 2016 and revised previous estimates for 2009-2015. All data are benchmarked to provincial nominal GDP at basic prices.  

These results continue to show that just over half of Canada’s GDP is generated in the six CMAs: Toronto, Montréal, Vancouver, Calgary, Edmonton and Ottawa–Gatineau. Like population, economic activities primarily focus in cities. In 2016, CMAs accounted for 71.1 per cent of Canada’s population and generated about 74.4 per cent of Canadian GDP.  In Nova Scotia, Halifax accounted for 43.9 per cent of provincial population and 54.4 per cent of provincial GDP.

Overall in 2016, GDP per capita in reported CMAs was $54,683.  Halifax’s GDP per capita was $49,638.  Across Canada, the largest GDP per capita among CMAs is reported in Calgary, Regina, Edmonton and Toronto.  However, results may be sensitive to fluctuations in commodity prices.  The lowest GDP per capita among reported CMAs was observed in Oshawa ($32,259). 

Outside CMAs, GDP per capita was $46,217.  The highest non-CMA GDP per capita was observed in Alberta at $77,383 (higher than CMA GDP per capita) while the lowest was reported for Nova Scotia ($32,613).  Per capita GDP outside Canada’s reported CMAs averaged 85.6 per cent of CMA GDP per capita. 

From 2009-2016, GDP growth has averaged 3.9 per cent inside CMAs and 2.9 per cent outside CMAs.  Halifax’s GDP grew by 2.4 per cent on average over this period, the same pace of growth for Nova Scotia outside Halifax.  The fastest growing economies over this period were observed in Guelph, St. John’s, Kelowna and Lethbridge.  GDP growth outside CMAs was faster in Manitoba, Ontario and British Columbia.  

Nova Scotia’s GDP in 2016 was $37.80 billion, of which $20.55 billion was generated in Halifax and $17.25 billion was generated outside of Halifax.  GDP has been rising in both Halifax and the rest of the province, but growth outside the city has been faster for all years except 2012, when two paper mills were shuttered.  

On a per capita basis, GDP in Halifax remains significantly higher than in the rest of Nova Scotia.  However, except for 2012, per capita GDP growth outside Halifax has been faster than inside Halifax, narrowing the gap in GDP per capita between urban and rural areas of the province.

Source: Statistics Canada.  Table  36-10-0468-01   Gross domestic product (GDP) at basic prices, by census metropolitan area (CMA) (x 1,000,000)Table  17-10-0135-01   Population estimates, July 1, by census metropolitan area and census agglomeration, 2016 boundariesTable  17-10-0005-01   Population estimates on July 1st, by age and sex

CCDC 11 – updated document coming December 6, 2019

Did you know that CCDC 11- Contractor’s Qualification Statement was just updated? Effective December 6, 2019, CCDC 11 – 2019 will be in circulation.

National Codes Overhaul: participate in the review process

The Construction Association of Nova Scotia (CANS) and the Canadian Construction Association (CCA) are encouraging all members to voice their opinions in the review process of national codes, National Building Code (NBC), National Fire Code (NFC), and National Plumbing Code (NPC) of Canada that is currently underway.

Join us for our Sydney Member Mixer, November 26!

Recognizing that our membership is located throughout Nova Scotia and beyond, the CANS Member Mixer program takes us from one end of the province to the other. Join us on November 26, in Sydney, NS!

Follow the Pipeline: Bryony House – open for tender!

We have been following this project! Have you? See our Pipeline connection PL17-0253NS about the Halifax Transition House Association – Bryony House and view the Open Tender NS19-2272.

CANS Member Pricing for CanBIM conference