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S.M. 2021, c. 18
Bill 13, 3rd Session, 42nd Legislature
The Public Sector Construction Projects (Tendering) Act
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This note was written as a reader's aid to the Bill and is not part of the law.
This Bill concerns tenders issued by government and other public sector bodies in relation to construction projects.
It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project.
Related amendments are included.
(Assented to May 20, 2021)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"compliant bid" means a bid made by a person who has met all conditions imposed in the request for tenders on persons seeking the construction contract in question. (« soumission conforme »)
"construction project" means a project that involves the alteration, building, decoration, demolition, erection, maintenance, relocation, renovation or repair of buildings, structures, roads, sewers, water or gas mains, pipelines, transmission lines, tunnels, bridges, canals or other works at the site. (« projet de construction »)
"non-unionized employee" means an employee who is not a member of a unit that is represented by a bargaining agent. (« employé non syndiqué »)
"public sector entity" means
(a) the government;
(b) a government agency as defined in The Financial Administration Act;
(c) a regional health authority as defined in The Regional Health Authorities Act;
(d) an authority as defined in The Child and Family Services Authorities Act;
(e) an agency as defined in The Child and Family Services Act;
(f) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, or the Manitoba Institute of Trades and Technology;
(g) a school division or school district, as defined in The Public Schools Act; and
(h) any other entity designated by regulation. (« entité du secteur public »)
"tender" means an invitation issued for the purpose of soliciting bids for a construction project. (« appel d'offres »)
"unionized employee" means an employee who is a member of a unit that is represented by a bargaining agent. (« employé syndiqué »)
In this Act, "bargaining agent", "union" and "unit" have the same meaning as in The Labour Relations Act.
A public sector entity must not issue a tender for a construction project that requires, or has the effect of requiring, any of the following as a condition of a compliant bid:
(a) that the bidder be a party to or become a party to a collective agreement covering employees who work on the construction project;
(b) that the bidder employ members of a specified union for work on the construction project;
(c) that the bidder employ non-unionized employees for work on the construction project;
(d) that when a bidder employs non-unionized employees for work on the construction project,
(i) that the bidder pay to a union an amount in lieu of the union dues payable by unionized employees doing the same or similar work on the project, or
(ii) that the non-unionized employees of the bidder pay those amounts to a union.
In evaluating bids, a public sector entity must not use, as evaluation criteria, whether the bidder employs unionized employees, non-unionized employees or a combination of the two.
A public sector entity that issues a tender for a construction project must not pay dues or fees to a union in relation to any non-unionized employees employed to do work on the construction project.
A public sector entity must not enter into an agreement that would have the effect of the entity being unable to comply with this section.
The Lieutenant Governor in Council may make regulations
(a) designating an entity as a public sector entity for purposes of this Act;
(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
Nothing in this Act limits or affects the operation of an agreement, including a collective agreement, to which a public sector entity is a party that is in effect on the day this Act comes into force.
This Act may be referred to as chapter P267 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.
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