Publication, Staff | |

Prime Contractor Obligations

As published in Northern Construction Connection March 2020 Newsletter

The awareness around prime contractor responsibilities appears to be much greater now than it did even a decade ago, certainly based on our dealings with clients and construction industry members.  It is not uncommon, for example, to now see prominent signs near construction sites identifying the party assuming the prime contractor’s role.  For those NRCA members that are new to the industry or new to the idea of ‘prime contractor’, this article sets out the legal duties with respect multiple-employer worksites under the British Columbia Workers Compensation Act (the “Act”) and the regulations enacted thereunder which govern with respect to workplace health and safety in British Columbia…

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Article, Staff | |

Social Procurement: From Origin to Implementation

For anyone involved with purchasing within a local government organization, talk of social procurement has unlikely gone unheard.  It is a growing topic of discussion and interest, and we are seeing more and more communities embracing it and organizations taking steps to implement it into their purchasing policies.  This article touches on the evolution of procurement that has led to the introduction of social impact purchasing, and discusses the approach that local governments may take to establish the practice within their own organization…

 

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Publication, Staff | |

Workplace safety is no game – Roll the dice and you may go straight to jail

As published in BUILD Magazine 2019/2020

Imagine yourself facing criminal charges and the stigma of a criminal conviction, or serving jail time and paying a hefty fine. Could you have done something differently to avoid such consequences?

This article chronicles five decisions where criminal convictions were handed down for workplace accidents since a broader regime of criminal liability under the Criminal Code was brought into force in 2004…

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Cannabis Producer Challenges Municipal Land-Use Regulation, and Wins

The matter of 0826239 B.C. Ltd. v. Richmond (City), 2018 BCSC 1438 (CanLII) involved a business owner planning to operate an agricultural greenhouse facility within the City of Richmond and seeking building permits from the City to construct the greenhouses for the operation.  The dispute is seeded in lands that are part of the Agricultural Land Reserve (“ALR“).  The issue before the court was whether the City…

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Seeing the Forest From the Trees: Opportunities for Harvesting Carbon Assets

British Columbians are well acquainted with their province’s economic reliance on the forest industry as an economic resource. Less commonly known and understood is forest carbon sequestration – the use of the forests for the carbon resource they hold – a resource that can be utilized without harvesting the timber. For this article, we focus on the potential use by community forest operations of the forest carbon assets from which carbon offsets can be generated and sold…

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When FOIPPA Meets Tendering, Bids and the Disgruntled Bidder

Procurement processes can range from the routine purchase of office supplies to the occasional tender for a high value capital project. Along this spectrum, your organization is likely to have its own practices and procedures for conducting the process, such as those for documentation, communication, evaluation, vendor selection and notification. In addition to the legal implications that tendering and contract law may have on your process, such as the duty to be fair, open and transparent in the case of tendering, local government owners must remain mindful of their legal obligations for disclosure and protection of information under the Freedom of Information and Protection of Privacy Act (FOIPPA)…

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