b'UPDATEOSWCA ADVOCACY AND INITIATIVES UPDATEOSWCA ADVOCACY AND INITIATIVESISSUES ON THE MOVEBY PATRICK MCMANUS, ACTING EXECUTIVE DIRECTOR, OSWCAOSWCA is very active in advocating on behalf of our members. Below are summaries of key issues we have been working on over the last quarterCOVID-19to continue for the duration of thenumber of other construction and Since the beginning of March,emergency. The order capturesengineering associations to lobby the outbreak of the COVID-19the treatment of holdback funds,the government to amend Reg. virus has usurped the governmentas Section 19 of the Limitations Act73/20 to exclude the Construction policy agenda, and, as a result, theand Schedule B of the Act specifi- Act from the Order. OSWCAs advocacy strategy hascally make note of Sections 31 and pivoted to address the most urgent36 of the Construction Act.While the government initially needs of the construction industryconsidered a number of alternative during this unprecedented time.Essentially, the suspension of limi- solutions, our position was adopted tations deactivate lien clockson April 9. That is, the emergency The focus on other key issuesunder Sections 31 and 36 of theorder has been amended to lift the (e.g., Ontario One Call, MunicipalConstruction Act, enabling any partysuspension of limitation periods and Asset Management Programming,to a project to file a lien against aprocedural time periods under the Community Benefit Agreements,project at any time. As such, ownersConstruction Act. This will allow for etc.) has been temporarilyare legally required to withholdthe release of holdback payments to suspended, pending the resolutiona contractors statutory holdbackcontractors and subcontractors in of the issues surrounding COVID- indefinitely, where the deadline tothe normal course.19. Considering this unanticipatedpreserve a lien expires on, or after, reprioritization, our advocacyMarch 16. OCCUPATIONAL HEALTH agenda has been refocused on theAND SAFETY BEST following items during the initialCompounding the disruptions,MANAGEMENT PRACTICESmonth of this crisis. conflicts and financial challengesImmediately following the contractors are facing as theyenactment of the EMCPA, HOLDBACK REPAYMENT attempt to maintain operationsprovincial decision-makers began On March 20, the Lieutenantduring this pandemic, this Ordercontemplating construction-wide Governor in Council made ancreates a further, and significant,shutdowns, and began devising order under s.7.1 of the Emergencyliquidity issue and restriction ona strategy for sector-specific Management and Civil Protection Actcash flow in the industry.shutdowns within the construction (EMCPA) suspending limitationindustry, as well as opportunities periods and procedural timeWhen the Association becamefor essential service designations periods. The Order was madeaware of this unintendedand permitted work during these retroactive to March 16 and was setconsequence, we partnered with aunprecedented times. 10 H 2 OSWCASpring 2020'