Articles & Publications

Publication, Staff | November 10, 2022 |

Bidders Beware: Information Submitted in Response to an RFP may be Disclosed

Under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165 (“FIPPA”), members of the public may request access to records held by a public body (“records”).

To balance the objectives of making records accessible and protecting privacy rights of individuals and corporations, section 21(1) of FIPPA sets out a three-part test to determine when the head of the public body must refuse to disclose requested information.

While this article deals with section 21(1)(b), section 21(1)(a) and section 21(1)(c) also must be satisfied. The specific considerations under those sections are significant enough warrant their own article. This article will deal exclusively with section 21(1)(b).

As published in the NRCA’s Northern Construction Connection November 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | October 12, 2022 |

Upcoming Changes to B.C.’s Soil Relocation Regime

The Ministry of Environment and Climate Change Strategy in British Columbia (the Ministry) is set to bring in new requirements for soil relocation through amendments to the Environmental Management Act (EMA) and the Contaminated Sites Regulation (CSR). This article will briefly examine the evolving regulatory environment by setting out the Ministry’s new proposed process for regulating the relocation of both contaminated and uncontaminated soils.

As published in the NRCA’s Northern Construction Connection October 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | August 18, 2022 |

The Fine Line Between Bid Repair and Bid Clarification: Permissible Post-Closing Conduct for Bidders and Procuring Entities

In June, we published an article addressing non-compliance and substantial compliance of tender bids. In that article, we discussed the need for bids to be compliant to give rise to Contract A—the bid contract. The requisite compliance, while assessed objectively, can vary depending on the express terms and conditions contained in the tender documents.

This article will examine situations when seeking clarification from a bidder post-closing may be permitted and when such conduct may constitute bid repair.

As published in the NRCA’s Northern Construction Connection August 2022 Newsletter, and VICA’s e-New.

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Article, Staff | August 3, 2022 |

Special Committee to Review the Freedom of Information and Protection of Privacy Act: Transparency, Modernization and Risk Management

The British Columbia provincial government tabled a series of significant amendments to the Freedom of Information and Protection of Privacy Act (the “Act”) that received royal assent on November 25, 2021 and which were intended to update this legislation to keep pace with technological and structural changes in the ways that public bodies in the province interact with and handle information.

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Publication, Staff | June 10, 2022 | Marcela Ouatu and Sonia Sahota

Non-compliance and Substantial Compliance of Tender Bids

One of the frequent issues that comes before courts in the tendering context is whether a tender bid is compliant with the tender documents. There are considerable legal implications arising from a determination that a bid is not compliant.

While in other business contractual relationships an irregularity in the contract documents may be reasonably ignored by the parties, in the tendering context irregularities have greater significance due to the unique legal framework of tendering. In order to uphold the fairness and integrity of the tendering process the law requires that only compliant bids be considered for award. In this article, we discuss the general principles that apply in a compliance assessment.

As published in the NRCA’s Northern Construction Connection June 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | May 13, 2022 |

The Return of Compulsory Certification in the Trades: The Skilled Trades BC Act and Impacts to British Columbia’s Construction Industry

Big changes are on the horizon for trade professionals and the construction industry in British Columbia following the enactment of the Skilled Trades BC Act (the “Act”) on March 10, 2022. The Act will replace the current Industry Training Authority Act. The current legislation is responsible for creating the “Industry Training Authority”, which has been the Crown agency responsible for managing and supporting trade training and apprenticeships in the province since 2003. This Crown agency will be transformed into the “SkilledTradesBC” (the “Corporation”) by the new Act. The Corporation will be responsible for the creation of a compulsory skilled trades certification regime for a number of trade professions. 

As published in the NRCA’s Northern Construction Connection May 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | March 14, 2022 |

Loss of Profit Claims and Cost Estimates: Clarification on How Future Losses are Proven

The planning and approval process, manpower, equipment, insurance, materials, and other associated costs related to building make construction projects a costly undertaking. Whether the owners are a public organization, private corporation, or individuals they will have some varying sensitivity to unanticipated changes in cost related to their project. As a result, disputes related to construction costs are a common cause of relationship breakdowns between owners and contractors and can serve as a catalyst for legal action.

As published in the NRCA’s Northern Construction Connection March 2022 Newsletter, and VICA’s e-New.

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Article, Staff | March 3, 2022 |

Bill 26: Significant Implications for Local Governments

On November 3, 2021, Bill 26 received third reading by B.C.’s legislature and portions of Bill 26 relating to public hearings and delegating to staff the authority to issue development variance permits came into force on November 25, 2021. By an Order of the Lieutenant Governor in Council dated January 31, 2022, most of the remaining amendments in Bill 26 became law on February 28, 2022.

 

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Article, Staff | February 15, 2022 |

Be Sure To “Notice” The Notice Provisions In Your Construction Contracts

Typical construction contracts contain various provisions with respect to the contractor providing notice relating to time and/or price, for example, events or circumstances surrounding potential losses or claims for realized losses. The purposes of the provisions are to minimize such losses as much as practicably possible. Notice provisions are applicable to sub-contractors as well, depending on the language included in their respective contracts. Such provisions usually require that the provision of notice is the first necessary step in order to make a claim.

As published in the NRCA’s Northern Construction Connection February 2022 Newsletter, and VICA’s e-New.

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