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Competition Act amendments hub
Since 2022, there have been three waves of amendments to the Competition Act resulting in the most significant revisions to Canada’s competition laws in over a decade.
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Canada | Publication | April 8, 2020 - 6 PM ET
The Essential Services List Regulation significantly shortens the list of essential businesses that may remain open, including further limitations on the construction industry and its related activities. Construction industry employers will need to assess whether their work can continue on a project-by-project basis. However, deciding whether a project should be closed may ultimately rest with the project owner, developer or general contractor.
The Essential Services List Regulation permits some construction projects to remain open. The following types of construction projects are considered essential and therefore, all construction work associated with the project may continue:
Employers that perform work and maintenance relating to essential infrastructure can also continue, particularly in the sewers and watermains, roads, and the heavy engineering industries. Repair and maintenance to critical infrastructure, including roads, dams and bridges, are considered essential. In addition, any construction company can continue performing work to support the delivery of services including sewage treatment and disposal; the collection, transportation, storage, processing, disposal and recycling of waste; and potable drinking water.
If a contractor performs services or maintenance that is necessary for another business that has been deemed essential within Ontario or in another jurisdiction to continue to operate, this work can continue.
Employers should refer to the wording of the Essential Services List Regulation to verify they meet the requirements of each section.
An employer who violates the Essential Services List Regulation may be found guilty of an offence and subject to significant fines under the Emergency Act. A director or officer of a corporation found to be in violation of the order can be fined up to $500,000 and imprisoned for up to a year, and a corporation can be fined up to $10 million per day of the contravention. Each day a business remains open in contravention of the Essential Services List Regulation can be considered a separate offence (see section 7.0.11(1) of the Emergency Act).
From a labour relations perspective, employers should consider the applicable collective agreement, and whether there are any relevant provisions. For instance, there may be layoff and recall provisions. In addition, there may be minimum call-in pay requirements if employees are called to work and then sent home when a site closes down.
Employers who continue operating some or all of their construction sites must comply with their obligations under the Occupational Health and Safety Act (the OHSA). During his press conference to announce the shortened list of essential businesses, Premier Doug Ford suggested the Ministry of Labour (the MOL) will be conducting more frequent inspections targeting construction sites and projects. On April 8, it was also announced that the MOL will be asking retired health and safety inspectors to return to work to assist with the effort to increase health and safety inspections. The government has provided guidance on best health and safety practices specific to construction sites.
The Essential Services List Regulation further provides that “the person responsible for a place of business” must ensure the business complies with all applicable laws, including the OHSA and all recommendations from public health officials are followed. For construction sites, this obligation may apply to the owner, site developer, general contractor and/or employers.
As such, employers should consider the following health and safety issues, particularly as they apply to the construction industry:
Publication
Since 2022, there have been three waves of amendments to the Competition Act resulting in the most significant revisions to Canada’s competition laws in over a decade.
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