Bill 37 Builders’ Lien (Prompt Payment) Amendment Act
The governments plan to implement Bill 37, The Builders’ Lien (Prompt Payment) Amendment Act, 2020 by July 01, 2021 will not be happening according to plan. The July implementation date was always very ambitious goal and government has realized getting it right is more important than getting done fast. To get it done right the government has set up another round of stakeholder consultations to provide input to the regulations that will govern how the adjudication processes will work. Adjudication of payment disputes is a critical component of prompt payment legislation and making sure it is effective for all segments of the industry adds layers of complexity. MCA Alberta and the Alberta Trade Contractors Coalition continue to be fully engaged in the consultation process as we now work toward a late October launch date. Stay tuned.
An important component of the Adjudication process is the government’s appointment of Nominating Authorities. Unlike the Ontario’s prompt payment legislation, the Alberta government has chosen to allow multiple Nominating Authorities (Ontario only has one). The thinking being that this will allow multiple agencies to compete on price to provide service to industry. The ATCC, ACA, AUMA (municipal) and CEA (engineers) have formalized a partnership and are currently working toward becoming an approved Nominating Authority. Details will emerge as government formalizes the regulations that will govern how the nominating authorities will function. Again, stay tuned.
Bill 67 SKILLED TRADES AND APPRENTICESHIP EDUCATION ACT
Earlier this month the Government of Alberta introduced Bill 67 Skilled Trades and Apprenticeship Education Act. The bill passed 2nd reading last week and is now before the committee of the whole. The bill is very broad in nature and open to interpretation. You can access the bill bill-067. We anticipate some amendments are possible prior to 3rd reading and adoption and that an overall tightening up of the language will be done in the regulations. As this bill affects all trades there is a lot at stake. MCA is working with the Alberta Trade Contractors Coalition to present a united voice on how we want the Alberta apprenticeship system to function going forward. I would encourage you to review the legislation and the ae-skills-for-jobs-task-force-final-report-2020-09r upon which the government based the legislation.
ATCC has developed the following points and will be lobbying government to include these in the legislation prior to 3rd reading and failing that within regulations. Please review the points below and if you have any concerns, questions or suggestion please don’t hesitate to contact me directly at firstname.lastname@example.org or contact one of your MCA Directors.
Bill 67: Trade requests to the Minister
Until the bill is presented to the legislature for 3rd reading ATCC will be pressing for the following inclusions. Once the bill passes, we have the opportunity to impact regulations and I suggest that we find as much common ground and then begin the lobbying efforts.
To ensure the regulations to the act include:
- The Board of 15 to be appointed by the minister must include not less than 8 different trades.
- Journeyman training must continue to have the hands-on elements taught as part of the in class sessions.
- The regulations for each of the existing journeyman programs must have an industry committee unique to their trade to create and control content of the journeyman program. Government can provide a liaison officer. Trades must continue to have:
- Control over new and existing content of the programs via advisory committees.
- An easy method to alter and improve programs.
- Allowed to prescribe their own exam in addition to the Red Seal Exams.
- A clear protocol to allow turnover of the advisory committees.
- Micro credentialling can be an add on to existing journeyman designations but cannot be a path to becoming a journeyman. (Micro credentialing is one of the biggest worries of trade contractor’s consulted)
- For compulsory trades:
- Changes to regulated and restricted designations within specific trade’s scope of work can only be implemented with input from stakeholder consultations.
- Occupations must have a clear path to journeymen spelled out in the regulations.
- New programs should have their own advisory panels that always include industry.
- All trades should have the right to information including the number of apprentices in each year, pass rates, fill rates.