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The Construction Industry Wages Amendment Act

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S.M. 1996, c. 72

THE CONSTRUCTION INDUSTRY WAGES AMENDMENT ACT


 

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C190 amended

1         The Construction Industry Wages Act is amended by this Act.

2         Section 1 is amended

(a) in the definition "construction", by adding "transmission lines," after "pipelines,";

(b) by repealing the definition "Greater Winnipeg";

(c) in the definition "heavy construction employees", by striking out "and" after clause (a), by adding "or" after clause (b) and by adding the following:

(c) employees employed in the construction industry who perform demolition work, and

(d) employees who perform construction and maintenance work on hydro-electric transmission lines;

(d) in the definition "member", of the English version, by striking out "chairman" and substituting "chairperson";

(e) by repealing the definition "public representative"; and

(f) by adding the following definitions in alphabetical order:

"heavy construction sector" includes that portion of the construction industry engaged in

(a) the construction and maintenance of highways, roads, railroads, or runways, together with minor drainage divider and retaining works incidental thereto,

(b) the construction and maintenance of wharfs, docks, sidewalks, curbs or gutters,

(c) the paving and maintenance of parking lots and the preparation therefor,

(d) the removal of snow from and blading of highways, roads, railroads, runways or parking lots,

(e) the construction and maintenance of the earth moving and fill portions of irrigation and drainage projects, and minor works incidental thereto,

(f) the use of heavy construction equipment for the construction and maintenance of dams, tunnels, bridges or overpasses, and works incidental thereto, including the moving of earth or rock relating thereto,

(g) the construction and maintenance of water lines, sewer lines, pipelines, sewage lagoons, sewage lift stations, and appurtenances, and underground service lines, but not including the contents thereof,

(h) the use of heavy construction equipment for piling, shoring, building excavation or site preparation, including the stripping of overburden and grading to new contours,

(i) the transportation of rock, gravel, sand, clay, asphalt, or concrete to and from batching plants for use in construction,

(j) the processing and batching of rock, gravel or sand aggregate,

(k) the use or operation of crushers, screeners, wash plants or heavy construction equipment associated with extractions of rock, gravel or sand aggregate for use in construction,

(l) the transportation of earth, soil, or rubble from a construction site, and the hauling of granular material to a construction site,

(m) the hauling of heavy construction equipment by heavy construction contractors to perform any or all of the tasks or activities described in clauses (a) to (l), (o) and (p),

(n) the repair and maintenance of heavy construction equipment by employees in heavy construction, whether the work is performed in a shop or on a construction site,

(o) the demolition of any building or structure, whether or not heavy construction equipment is used in the demolition,

(p) the construction and maintenance of transmission lines; (« secteur de la construction lourde »)

"house building sector" includes the portion of the construction industry engaged in

(a) the on-site building, erection, structural alteration or structural remodelling, maintenance, repair, decoration, demolition, removal or relocation of any dwelling unit or portion thereof, whether the unit is detached or semi-detached housing, but does not include work specifically defined in the Act or regulations thereunder as constituting part of the heavy construction sector, or the industrial, commercial, and institutional sector, of the construction industry,

(b) the on-site assembly, manufacture or installation of any equipment, machinery, fixtures or components, including allied parts, in a dwelling unit except to the extent that the activity is specifically defined under the Act or the regulations as being work constituting part of the heavy construction sector or the industrial, commercial and institutional sector, of the construction industry; (« secteur de la construction d'habitations »)

"industrial, commercial and institutional sector" includes the portion of the construction industry engaged in

(a) the on-site building, erection, decoration, removal or relocation of a building, structure, apartment building or complex whether or not the units contained therein are rented or owned, or other work, or portion thereof, not specifically defined in the Act or the regulations as constituting part of the heavy construction sector of the construction industry but not including the on-site maintenance, redecoration, renovation, remodelling or repair of an industrial, commercial, institutional, public building or structure or apartment building or complex whether or not the units contained therein are rented or owned, or portion thereof, unless the work involves the structural or architectural alteration or structural or architectural remodelling of the building or structure,

(b) the assembly, manufacture or installation on a construction site of any equipment, machinery or fixtures or components, including allied parts, that form an integral part of the building or structure but not including activity that is specifically defined in the Act or the regulations as being work constituting part of the heavy construction sector of the construction industry,

(c) the prefabrication of every item built to a custom design for a building or structure or portion thereof, but not including prefabrication work performed in a permanent shop or factory or a manufacturing plant by persons regularly employed therein; (« secteur industriel, commercial et institutionnel »)

3         Clause 3(e) is repealed and the following is substituted:

(e) persons employed in the house building sector of the construction industry.

4(1)      Subsection 4(1) is amended

(a) by striking out "Greater"; and

(b) by repealing clause (c) and substituting the following:

(c) a chairperson who shall be impartial in respect of the interests of employers and employees.

4(2)      Subsection 4(2) is repealed and the following is substituted:

Duties of Winnipeg Building Construction Wages Board

4(2)      The Winnipeg Building Construction Wages Board shall from time to time, at the request of the minister, make a report to the minister recommending in respect of employees employed in the industrial, commercial and institutional sector of the construction industry in Winnipeg or on major building construction projects,

(a) the minimum rates of wages which they should receive for standard hours of work and for overtime working hours;

(b) the standard hours of work that they should be required to work in any day, week or month; and

(c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation.

5(1)      Subsection 5(1) is amended by repealing clause (c) and substituting the following:

(c) a chairperson who shall be impartial in respect of the interests of employers and employees.

5(2)       Subsection 5(2) is repealed and the following is substituted:

Duties of Rural Building Construction Wages Board

5(2)      The Rural Building Construction Wages Board shall from time to time, at the request of the minister, make a report to the minister recommending in respect of employees employed in the industrial, commercial and institutional sector of the construction industry outside of Winnipeg and not on a major building construction project,

(a) the minimum rates of wages that they should receive for standard hours of work and for overtime working hours;

(b) the standard hours of work that they should be required to work in any day, week or month; and

(c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation.

6(1)      Clause 6(1)(c) is repealed and the following is substituted:

(c) a chairperson who shall be impartial in respect of the interests of employers and employees.

6(2)      Subsection 6(2) is repealed and the following is substituted:

Duties of Heavy Construction Wages Board

6(2)      The Heavy Construction Wages Board shall, from time to time, at the request of the minister, make a report to the minister recommending in respect of employees employed in the heavy construction sector of the construction industry

(a) the minimum rates of wages that they should receive for standard hours of work and for overtime working hours;

(b) the standard hours of work that they should be required to work in any day, week or month; and

(c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation.

7         Section 7 is amended

(a) by adding "or her" after "his" in subsection (1) of the English version;

(b) by striking out "he" wherever it occurs in subsections (2) and (3) of the English version and in each case substituting "that person";

(c) by repealing subsection (6) and substituting the following:

Salary and expenses

7(6)      Each member of a board shall be paid such salary or other remuneration and reasonable expenses as may be fixed in the appointing order.

(d) by repealing subsection (7).

8         Section 10 is repealed and the following is substituted:

Board may hold hearings

10         Before making a report to the minister, a board may hold hearings at such times and places as it deems advisable for the purpose of conducting inquiries and investigations into matters in respect of which it may or is required to make recommendations.

9         The following is added after section 10:

Establishment of Advisory Committee

10.1(1)   The minister may establish a "Construction Industry Advisory Committee" consisting of not less than 3 members and not more than 7 members of whom one member shall be named as chairperson by the minister.

Representation

10.1(2)   The members of the committee appointed under subsection (1) shall be representative of the interests of the general public, consumers and such other groups as the minister deems appropriate.

Committee to consider matters referred

10.1(3)   The committee shall from time to time, at the request of the minister, consider such matters relating to the construction industry as the minister may refer to it and advise the minister thereon.

Remuneration

10.1(4)   Each member of the committee shall be paid such salary or other remuneration and reasonable expenses as may be fixed in the appointing order.

Application of sections 9 and 10

10.1(5)   Sections 9 and 10 apply, with necessary modifications, to a committee appointed under this section.

10        Subsection 11(1) is repealed and the following is substituted:

Factors to be considered by boards

11(1)     In preparing a report with recommendations, a board shall consider

(a) the competitive position of the construction industry in Manitoba in relation to the construction industry in other provinces and jurisdictions;

(b) the needs related to the entry into and the development and availability of a skilled and productive workforce;

(c) providing for fairness in the tendering process for construction projects;

(d) providing for a fair and reasonable rate of wages; and

(e) such other factors as the board considers relevant to the recommendations or as the minister directs.

11        Section 12 is amended

(a) by striking out "regular working hours" in clause (1)(a) of the English version and substituting "standard hours of work"; and

(b) by striking out  "maximum number of regular working hours" in clause (1)(b), and substituting  "standard hours of work".

12        Subsection 14(4) is amended by striking out "in the building construction industry or the road and drainage construction industry" and substituting  "in any sector of the construction industry".

13        Section 16 is repealed.

14        The following is added after section 16:

Definition of "board"

16.1(1)   In this section and section 19.1, "board" means the board defined under section 1 of The Payment of Wages Act.

Proceedings before Labour Board

16.1(2)   On application in writing to the board by a party which, in the opinion of the board, would be directly affected by or have an interest in the determination of the question, or on a request or on a referral under subsection 8(12) of The Payment of Wages Act by the Director of Employment Standards, or on its own motion, the board may, at any time, for purposes of this Act, decide any question as to

(a) whether or not work involves the structural or architectural alteration, or structural or architectural remodelling of a building or structure;

(b) whether or not the assembly, manufacture or installation on a construction site of equipment, machinery, fixtures or components forms an integral part of the building or structure; or

(c) whether or not any particular work or activity constitutes work in the heavy construction sector of the construction industry or in the industrial, commercial and institutional sector of the industry.

Board may issue policies and guidelines

16.1(3)   For the purpose of this section, the board may issue written policies and guidelines.

15        Subsection 17(1) is amended

(a) by striking out "$100." and substituting "$250.";

(b) by striking out "$1000." and substituting "$2500.";

(c) by striking out "$500." and substituting "$1250."; and

(d) by striking out "$10,000." and substituting "$25,000.".

16        The following is added after section 19:

Work camp

19.1       Notwithstanding the provisions of The Employment Standards Act, where employees are employed in a work camp in a remote area on construction work and do not have ready access to their homes, the board may, on application by the management of the project and with the consent of the majority of the employees involved, extend the maximum standard hours of work per week or per day without the payment of overtime.

17(1)     Subsection 20(1) is repealed and the following is substituted:

Regulations

20(1)     For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations

(a) defining the type, class, or size of projects in the construction industry that are major building construction projects;

(b) defining a word or expression used and not defined in this Act, which may include "Winnipeg";

(c) specifying and defining classes of employees in the construction industry, which may include helpers, journeypersons, general construction labourers, unskilled labourers and students, and specifying the ratio of the different classes permitted to be employed in construction projects in the province or parts of the province;

(d) exempting any Crown agency, or any class of employers or class or employees, from the application of this Act or any provision of this Act or any regulation under this Act or of any provision of a regulation under this Act;

(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

17(2)     Subsection 20(2) is amended by adding the following after clause (b):

(c) the definition "house building sector" in section 1;

(d) the definition "industrial, commercial and institutional sector" in section 1;

(e) the definition "heavy construction sector" in section 1.

Coming into force

18(1)     This Act, except sections 9 and 17, comes into force on a day fixed by proclamation.

Coming into force: sections 9 and 17

18(2)     Sections 9 and 17 come into force on the day this Act receives royal assent.