PROMPT PAYMENT FOR THE MANITOBA CONSTRUCTION INDUSTRY - Next Steps for Bill 218

On April 24th, 2018 The Manitoba Prompt Payment Coalition Applauded the all-Party Support of Bill 218 – The Prompt Payment in the Construction Industry Act Passing Second Reading.  The Manitoba Prompt Payment Coalition (MBPP), is a growing grassroots coalition of 31 Manitoba Construction Associations and Unions. 

In his opening remarks of the Bill’s second reading, PC MLA Reg Helwer (Brandon West) stated, “This is a fair and balanced legislative proposal that ensures a timely flow of payments across the construction industry to companies and workers. Industry groups in our Province have asked for this legislation for a long time. Payment delays affect the viability of businesses, general costs of construction, and Manitoba’s competitiveness across North America in attracting investment.”  

 

Bill 218 is the culmination of a 7-year journey for the Manitoba Construction Industry.  The Coalition is thankful Mr. Helwer has been responsive to their concerns.  For stakeholders in the gallery witnessing the legislative process, it was encouraging to see all parties come together to support Bill 218 and its development.  In her comments, Cindy Lamoureux (Liberal MLA for Burrows) demonstrated a thorough understanding of the issues facing Industry because of delayed payments.  Tom Lindsey (NDP MLA for Flin Flon) identified Prompt Payment Legislation as an important issue and commended Mr. Helwer for presenting a Bill that all parties can work on together. Scott Johnston (PC MLA for St. James) sympathized with Industry and acknowledged that Prompt Payment Legislation will have a positive outcome for Industry, the economy and all Manitobans, citing his personal experience with delinquent payment within the industry. 

 

Through the introduction of Mr. Helwer’s Bill, Manitoba contractors are seeking the same protections already realized in other countries and jurisdictions throughout the Western World, including 49 U.S. States, The United Kingdom, Ireland, Australia, New Zealand and the European Union. 

 

Chair Sandra Skivsky, of The National Trade Contractors Coalition of Canada (NTCCC) provided support to the Coalition and the work of the government, “On behalf of NTCCC I would like to congratulate the Manitoba Prompt Payment Coalition on the hard work and commitment towards establishing prompt payment legislation in Manitoba. It is encouraging to see Bill 218 pass 2nd reading with a unanimous vote, it means that government understands the issue.  And while there is more work to be done, NTCCC supports its trade contractor members in achieving a fair, transparent and legislated prompt payment regime"

 

In his comments, Mr. Helwer described Bill 218 as a working paper.  The Coalition was pleased with Mr. Helwer’s approach and became fully engaged in the consultative stage of the Bills development.  Brad Mason, Spokesperson for the coalition commented, “MBPP is working closely with the Winnipeg Construction Association and other industry stakeholders to achieve consensus in order to satisfy the needs of Manitoba’s Construction Industry and protect those most affected by delinquent payment”.  

 

With the goal of achieving consensus, The Coalition worked with a working group of the Winnipeg Construction Association to review Bill 21 and provide recommendation on Industry supported amendments.  These recommendations were provided to Mr. Helwer in July for his consideration of the Bills success and effectiveness for Industry.    

 

As a proactive next step, The Coalition engaged the Alternative Dispute Resolution Institute of Manitoba (ADRIM) to draft expert recommendations outlining the Adjudication process to be written within the regulations accompanying Bill 218.   Roy McPhail, spokesperson of ADRIM stated, "The drafted recommendations are designed to restore self governance to the construction industry through transformational change. These are exciting times.".  The recommendations will be considered by the Coalition and other Industry Partners within the coming weeks. 

The Provincial Government returns to session October 3, 2018.  The coalition will be watching closely as Bill 218 navigates the legislative process, with the goal of reaching third reading prior to the upcoming Throne Speech.   With this tight timeline, if Bill 218 does not reach 3rd reading prior to the Throne Speech, Mr. Helwer has committed to reintroducing a Prompt Payment in the Construction Industry Act Bill. 

 

The Manitoba Prompt Payment Coalition (MBPP) is a sole-purpose alliance or coalition of contractor associations, unions, suppliers, general contractors, who have an interest is seeing prompt payment legislation enacted in the province of Manitoba. Its purpose and goal are just that, to persuade the Manitoba government that delinquent payment is a growing problem in the construction industry and that legislation is needed to ensure that money flows as it is intended down through the contractor supply chain.  MCAM is a contributing member of the Manitoba Prompt Payment Coalition.