Province Introduces Second Stage of Historic 10-year, $4...

Manitoba's commitment to invest $4 billion over 10 years in the renewal of roads and bridges across the province continues with the launch of the second five-year Highway Renewal Plan, Premier Greg Selinger announced this week.

Budget 2011 invests over $520 million in Manitoba's plan to upgrade roads and bridges across the province. This brings the five-year investment in transportation infrastructure revitalization to over $2.3 billion.

"Infrastructure investments are clearly a boost to our provincial economy, stimulating job growth and economic opportunities," said Selinger. "Our government's commitment to improving roads and bridges can be seen in every region of the province and will make a difference to the Manitobans who travel on them every day, connecting communities and families to one another."

In 2007, Manitoba began a long-term, planning-based approach to increase investment in highway infrastructure with the first stage of Manitoba's Highway Renewal Plan. Over the past four years, this more efficient and effective way of renewing roads and bridges across the province saw an almost $2 billion investment in revitalizing 5,000 kilometres of road and 141 bridges and structures, said the premier, adding over 20,000 person-years of direct and indirect employment were created.

"CentrePort Canada Way, upgrades to the port at Emerson and an all-weather road along the east side of Lake Winnipeg are key to our vision of a prosperous future as we build Manitoba as a trade hub in North America," said Selinger.

With the second stage of the Highway Renewal Plan, over 1,100 kilometres of highway will see improvements in 2011. In addition, a full inventory review of roads damaged during the flood of 2011 is underway and crews have begun to restore them to their pre-flood condition, Selinger said. It is estimated that damages to roads, bridges and structures will total over $40 million.

In this issueSpring Mixer a Big Success 2

Golf Sponsorship Opportunities 4

WORKSAFELY Training Schedule 8

Weekly Tenders 9

Continued on page 2

June 16, 2011

Province Introduces Second Stage of Historic 10-year, $4-billion Highway, Bridge Renewal Plan

The Heavy News Weekly 2

Manitoba Highway Renewal Plan (continued from page 1)

A full damage assessment will not be finished until flood waters recede and the province will pursue disaster financial assistance to recoup the majority of costs.

The highway renewal plan can be found in its entirety at www.manitoba.ca/mit/highwayrenewal/

THE 2011-15 HIGHWAY RENEWAL PLAN

The five-year plan outlines Manitoba’s commitment to invest in major highways:

Trans-Canada Highway — $245 million »

PTH 2 and 3 — $63 million »

PTH 5 — $17 million »


PTH 7, 8 and 9 — $33 million »


PTH 11 and 12 — $78 million »






Perimeter Highway — $108 million »

PR 373 and 374 — $53 million »

Only the above highways are listed in the 2011-15 Highway Renewal Plan. Additional funding will be allocated each year for small projects on provincial roads and bridges, as well as to address emerging needs.

The 2011-15 Highway Renewal Plan also allows for consideration of projects cost-shared by other levels of government, particularly municipalities and the federal government.

2011 Spring Mixer Another Big Success!Thanks to the following companies who donated towards the ‘Heavy’ Santa silent auction at the Spring Mixer:

Hitrac (1974) »Accurate HD Ltd. »AON Reed Stenhouse Inc. »Armtec Limited Partnership »Badger Daylighting Manitoba Ltd. »Beaver Sewer & Water Services Ltd. »Borland Construction Inc. »Borland Construction Inc. »Brandt Tractor »Captial Sewer Services Inc. »Collet Gravel Inc. »D & D Excavating Services Ltd. »E.F. Moon Construction Ltd. »ELRUS Aggregate Systems »Evergreen Construction Co. Ltd. »Federal Independent Realty »Flocor »Ken Palson Enterprises Ltd. »Lafarge Canada Inc. »Mainline Industries »Maple Leaf Construction »McCaine Electric »Multicrete Systems Inc. »Nelson River Construction Inc. »New Heights Industries Inc. »

Taillieu Construction Ltd. »Terraco Fuels & Lubricants »The National Testing Laboratories »The Wither Group »Thompson Dorfman Sweatman LLP »Viper Construction Ltd. »Wajax Ind. Ltd. »Wakshinksy Bros. Limited »Wayne's Backhoe Service Devel- »Evolve Inc.Westcon Equipment & Rentals Ltd. »

THANk You To ouR 7 RACE sPoNsoRs:


Member Company to be Invoiced for tournament fees ___________________________________________________________________________________ Team Captain’s Name ______________________________________________________ Ph: _______________________________ Fax: ___________________________ Email: _________________________________________________________ # on team _____ Other Golfers 2. ___________________________________________________________________________________________ 3. ___________________________________________________________________________________________ 4. ___________________________________________________________________________________________ Visa / MC / AMX # __________________________________________________________________ Exp: _____________________ Signature _____________________________________________________________________________________________ Dinner Only ($50.00 / person all inclusive) ________________________________________ Invoice Tournament Fees: __________

Annual Golf Classic Wednesday August 3, 2011 | Pine Ridge & Elmhurst Golf Courses

Register early as this tournament will SELL OUT

REGISTRATION FEE ‐ $199.00 / person + GST

10:30am – Registration Desk opens

12:00 noon – Shotgun Start (DRESS CODE & PACE OF PLAY IN EFFECT)

Four Person Texas Scramble includes: Green Fees & Motorized Cart

An Assortment of Spectacular Contests Fabulous Chicken & Ribs Dinner Bus shuttle between courses

before/after dinner

Submit registrations ASAP by:

FAX: (204) 943‐2279 | Email: [email protected]: The MHCA Events Committee will settle course placement by draw on July 25, 2011. All golfers will be notified by fax or email (if you provide one on the registration form) about course location on July 26, 2011. All team captains are responsible for notifying the rest of their team of course placement. Use this form to enter as many golfers as you wish. If you are not registering a full team, the extra spaces will be filled by the tournament organizers. As per MHCA Board Policy, only registrations cancelled at least 72 hours prior to the commencement of this event will be refunded.

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REGIsTRATIoNs suBMITTED WILL BE PuT

oN WAITING LIsT


GOLF SPONSORSHIP OPPORTUNITIES

MHCA Golf Classic – Wednesday August 3, 2011 Pine Ridge & Elmhurst Golf Courses

Let us advertise your company and/or product at one of the largest and most popular golf tournaments for the heavy construction industry in Manitoba! Don’t Miss Out!

Fax completed form to (204) 943‐2279 or phone Christine at (204) 947‐1379 | [email protected]

FIRST COME…FIRST SERVED!! ____ HOLE SPONSORSHIP $375.00 + GST

____ DUAL HOLE SPONSORSHIP $625.00 + GST

____ LONGEST DRIVE $375.00 + GST (includes prize & sign)

____ CLOSEST TO THE LINE $375.00 + GST (includes prize & sign)

____ BALL IN THE WATER CONTEST $375.00 + GST (includes prize & sign) ‐ sink your ball in the water & enter a draw to win

____ CLOSEST TO THE PIN

$375.00 + GST (includes prize & sign)

____ CHIPPING CONTEST $375.00 + GST (includes prize & sign)

____ FREE PUTTING CONTEST $375.00 + GST / per course (includes prize & sign)

____ BUS TRANSPORTATION

$300.00 + GST / 2 buses ‐ donation towards bus shuttle between courses

____ BEVERAGE CART / DRINK SPONSORSHIP $950.00 + GST / per course ‐ signage on 2 carts per course ‐ includes 1 drink per golfer

____ GOLF CART SPONSORSHIP $950.00 + GST per course ‐ windshield signage on each golf cart

____ “TOURNAMENT BALL” CONTEST $750.00 + GST plus prize donation in excess of $235.00 per course ‐ your corporate ball with logo for each team to use

Sponsorship Recognition Includes: ‐ Networking at one of the largest golf tournaments in Manitoba; ‐ Exposure to over 320 private sector decision makers in the heavy construction industry; ‐ Recognition in the facility, golf cart and dinner programs; ‐ Recognition in the Manitoba Heavy Construction Association Heavy News Weekly – which is circulated to over

1,000 companies plus stakeholders, associations across Manitoba, all Manitoba MP’s, MLA’s, City Councilors and agencies at all three levels of government throughout the province of Manitoba.

Company: _________________________________________________________________________________________

Contact Person: ____________________________________ Ph: ________________________ Fax: ____________________

Special Instructions: _____________________________________________________________________________________

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That’s A Good Question!By Peter Hall, Vice-President and Chief Economist of Export Development Canada

Our cross-Canada Let’s Talk Exports forecast presentations are usually followed by lively question-and-answer sessions. Without this interaction, we would not get a true sense of the concerns, the fears and the aspirations of Canada’s exporters. I’m happy to report that this year was no exception, and the following is a synopsis of the questions uppermost in the minds of our audiences this spring.

Key risks were of prime concern to our audiences. Last week’s commentary addressed the favourite question, the outlook for the Canadian dollar. A close second was the problem of US public finances, and this question was asked in a number of very creative ways. While there is no argument that this is a key risk to the outlook, it was pointed out that the US is better off than others with significantly bigger fiscal problems; the eventual return to growth will do a lot to heal US fiscal finances; and superior US productivity growth, the envy of the OECD, will help pay down debt faster. Thirdly, there was shared concern about speculative bubbles in emerging markets, especially China.

Our forecast for a correction in commodity prices raised not a few eyebrows, and requests for more detail on specific sectors. These led in most cases to rather lengthy answers, depending on the sector in question. In most cases, high inventories and evidence of speculation in futures trading were cited. A key exception? Food prices, which spiked due to unexpected short-run supply constraints.

Timing of the long-awaited recovery raised questions in several cities. This allowed for elaboration on US housing market dynamics, and the very strong recovery potential of this key market. Also, many were not aware of the significant structural change in US savings patterns, which is quickly repairing personal indebtedness and leading to a sustainable revival of consumer spending.

The Spring 2011 forecast highlighted Canadian trade diversification, and our accompanying video excited a lot of talk. Delegates at our events were curious to know about examples of companies that have diversified – there are

many, and it was difficult to narrow down answers to a few key cases. Equally challenging were questions about top sales opportunities by country. We are experiencing most success in the BRIC countries and Mexico, but there are other smaller players where average annual sales growth is much more aggressive. Others were keen to know who would next join the BRIC club – I referred to past commentaries discussing the potential of Indonesia and South Africa.

Many asked for elaboration on the outlook for specific industrial sectors, which naturally were different in every city. Seeing that our focus turned toward recovery, some moved beyond the near-term and asked about longer-term issues, like the aging of the population and other oft-mentioned constraints to growth. This provided a great opportunity to discuss the merits of a more fulsome Canadian move toward globalization, and realization of a US-style productivity payback north of the border. The award for the most philosophically challenging question went to the delegate who asked, “What is ‘The Market’”? An honest attempt to understand current market volatility, and good fodder for a book.

The bottom line? These and many other similar questions challenged our thinking, and will shape our ongoing forecast activities. Sorry to disappoint those who wanted our insights on sports predictions – but those aside, don’t wait for our events; please always feel free to send your questions our way!

uPCoMING CoMMITEE MEETINGs:Aggregates Committee | Tuesday June 21, 2011 | 12:00 noon | CanadInns Polo Park

Education, Training & Gold Seal Committee | Tuesday June 21, 2011 | 2:00 PM | CanadInns Polo Park

Membership Committee | Tuesday August 16, 2011 | MHCA Boardroom (3 – 1680 Ellice Ave)


By Diane Gray, CentrePort Canada Inc.

The Golden Boy faces north from his lofty perch atop of the Manitoba legislature -- serving as a bold reminder of the unrealized economic potential that exists in a region rich in hydroelectric and natural resources and offering an increasingly advantageous geographical location.

The economic opportunities that are opening up for the north are similar to those that we are building upon at CentrePort Canada, Manitoba's inland port corporation. CentrePort is leveraging our strategic location in the heart of North America and our unparalleled access to tri-modal transportation assets into new business development.

The success to date has been measurable -- the construction of CentrePort Canada Way is well underway and investors have purchased nearly 20 hectares of industrial land, resulting in a buzz of construction activity as new warehouses and manufacturing facilities begin to take shape.

This growth suggests the time is right to talk about how to capitalize on another unique asset -- the north. Recently, the Winnipeg Chamber of Commerce brought together members of the business community to share "bold ideas" toward building a strong economic platform for Manitoba. Realizing the Port of Churchill's potential is one of those ideas.

Manitoba's north has also been the site of several exciting developments in recent years. There is, however, more work to be done if the Port of Churchill is to reach its full potential. The Port of Churchill is a unique asset. It is the only deep-sea Arctic port in the strategic centre of Canada. It is an affordable transportation option for agricultural producers shipping overseas. Yet, it remains underutilized.

We have arrived at a critical crossroads with respect to the future of the port. With changes to the Canadian Wheat Board being contemplated, the supply of agricultural products shipped through the port may soon dry up. At the same time, global supply chains are changing and influential economies such as Russia and China are taking a very serious look at the potential of an Arctic gateway.

The Russian Port of Murmansk is undergoing major capital investments and has been granted special economic zone status. At the same time, China is investing $12 billion to upgrade its cargo rail capacity between Chongqing, Beijing and Russia.

There exists an incredible opportunity for Manitoba to capitalize on these significant investments and for a new

supply chain to emerge that stretches to and from North America via the Arctic Bridge, with the Port of Churchill as a key gateway for increased international trade.

There are also opportunities closer to home. Northern Canada, in particular our neighbours in Nunavut, are enjoying strong economic growth, with Nunavut's GDP increasing nearly 15 per cent in 2010.

A properly developed Arctic Gateway would allow Churchill to provide a more effective and time-sensitive staging area for the North -- allowing Manitoba to meet the territories' growth and resource industry needs and develop its own northern economy in the process.

We need a broad, community-wide effort like the private-public partnership that led to the creation of CentrePort Canada. This includes a comprehensive approach to development that generates private investment and is linked to efficient transportations systems; a strategy that provides job opportunities for aboriginal and northern Manitobans; a seamless supply chain from CentrePort to the Port of Churchill and beyond; and modernized infrastructure at the Port of Churchill to allow for the handling of heavy equipment and containers.

Addressing these and other barriers won't be easy. Modernizing and expanding the Port of Churchill will be costly and will require a strong, community-wide effort with everyone rowing the boat in the same direction.

CentrePort Canada is proof a bold idea can become a reality. Let's further this momentum by taking the Port of Churchill to another level and making it a truly global force. Let's build a proper Arctic Gateway that would be an incredible differentiator for Manitoba -- providing North America with an affordable, efficient doorway to the world, and the world with an affordable, efficient doorway to North America.

Diane Gray is the president and CEO of CentrePort Canada Inc.

Port in Winnipeg could be model for port at Churchill


By Norm Keith, Gowlings LLP

A second employer has now been convicted under the Bill C-45 amendments to the Criminal Code. Pasquale Scrocca, a landscape contractor in Québec, was found guilty of criminal negligence causing death with respect to a workplace incident resulting in the death of his employee, Aniello Boccanfuso. The judgment marks the first trial decision examining the OHS criminal negligence provisions under the Criminal Code.

In 2004, Bill C-45 (also known as the Westray Bill) amended the Criminal Code imposing an OHS duty on individuals, organizations and their decision-makers across Canada. Bill C-45, among other changes, established workplace negligence as a criminal offence by adding a new duty on organizations and individuals to take “reasonable steps” to prevent bodily harm and death. After a significant dormant period, there have recently been a number of new occupational health and safety criminal negligence charges being laid against individuals and corporations across Canada — the most publicized being those laid in connection with the deaths of four workers who fell from a faulty swing stage on Christmas Eve 2009.

Prior to this Québec Court decision, no other OHS criminal negligence case had proceeded to trial. The employee, in this case, was killed when a backhoe, driven by his employer, failed to brake and pinned him against a wall.

The machinery in question was purchased in 1976 and had not undergone any regular maintenance since that time. The mechanical inspection after the incident found that the machine had absolutely no braking capacity in the front two wheels, no brake fluid in the reservoir, and an all-over braking capacity of less than 30 per cent. The mechanical inspection also uncovered 14 additional major issues with the machine including the fact that the horn, brake lights, parking brake and brake pressure gauge were not functional. The defendant admitted that a certified mechanic had not inspected the backhoe for at least five years, and that he had failed to check the brake fluid in the previous year because the reservoir cap was broken.

The defendant advised the court that he did not contest the mechanical faults of the backhoe, but that he did not have the requisite mens rea, or intent, required to be found guilty of criminal negligence. He argued he was not aware of the braking issue because he had not witnessed any leaking fluid, nor did he notice reduced braking capacity in the time leading up to the accident. The defendant also argued that at

the time of the accident, there were no regulations in place in Québec requiring regularly scheduled maintenance for heavy equipment.

The court held that the intentions of Scrocca had no place in the analysis. The court held that in criminal negligence cases there does not have to be a positive intention for the result of the act. The court also found that there was a clear breach of the duty of care imposed on an employer under s.217.1 of the Code — the duty to take reasonable steps to prevent bodily harm to a worker. As the owner of the vehicle, Scrocca had a duty to ensure that the vehicle was maintained in a safe condition. The backhoe had been used for 30 years with essentially no mechanical maintenance. The court found that in failing to maintain the vehicle, the defendant placed himself in a position where he could not be sure of its mechanical fitness. As a result, he would not know the risks associated with its use, which recklessly put the lives and safety of his workers in danger.

The court held that the defendant’s argument that the machine was brought to a certified mechanic when there was a major problem, was not sufficient to meet the duty. Furthermore, the court held that the defendant’s reasons for his failure to perform regular maintenance on the backhoe — that is, that he did not observe any issues with the vehicle — was indefensible and unacceptable. The trial judge held that a prudent person would make sure that the equipment was looked over at least annually and would not fail to check the brake fluid just because the valve was broken.

After a joint submission from the Crown and the defendant on sentence, the court imposed a conditional sentence of imprisonment of two years less a day. The sentence will be served in the community with conditions, including a curfew.

This case is noteworthy since it is the first trial decision under Bill C-45 and serves to remind employers, supervisors, officers and directors that the OHS criminal negligence provisions carry a real risk of accountability.

Employers must be aware that neglect of OHS duties and s. 217.1 of the Criminal Code can lead to unlimited fines for the corporation and possible fines and jail time for individuals. Organizations must be proactive in assessing and managing workplace risk. Unfortunately, organizations and their senior officers will have to continue to wait for guidance from the court with respect to their duties and responsibilities under these provisions.

Norm Keith is a partner at Gowlings, LLP and leads the firm’s occupational health and safety practice.

Bill C-45 sees second conviction in Canada


Training Schedule

COR™ TRAINING — ThompsonJune 13-14 COR™ LeadershipJune 15 COR™ PrinciplesJune 16-17 COR™ Auditor

AUGUST 2011August 8-9 COR™ LeadershipAugust 10 COR™ PrinciplesAugust 11-12 COR™ AuditorAugust 15-16 Train the TrainerAugust 17 WHMIS (1/2 day AM)/ TDG (1/2 Day PM)

August 18 COR™ Auditor Refresher (1/2 day AM)

August 19 First Aid 1 — CPRAugust 19 Excavating & Trenching (1/2 day AM)

August 19 Flagperson (1/2 day PM)

JULY 2011July 5 Safe Work ProceduresJuly 6 Prime Contractor (1/2 day AM)

July 7 Back Injury Prevention (1/2 day AM)

July 7 Fatigue Management (1/2 day PM)

July 8 Safety Administration (1/2 day AM)

July 8 Toolbox Talks (1/2 day PM)

July 11-12 COR™ LeadershipJuly 13 COR™ PrinciplesJuly 14-15 COR™ AuditorJuly 15 First Aid 1 - CPRJuly 18-19 Train the TrainerJuly 20 WHMIS (1/2 day AM)/ TDG (1/2 day PM)

July 21 COR™ Auditor Refresher (1/2 day AM)

July 22 Excavating & Trenching (1/2 day AM)

July 22 Flagperson (1/2 day PM)

Register by:

Email: Heather DeJaegher at [email protected] »

Fax: 204-943-2279 »

Cancellation Policy: The WorkSafely policy states cancellation must be made at least two business days in advance, otherwise full course fee charge will apply.

www.mhca.mb.ca

Customized training is available for your specific requirements. Call the WorkSafely office at (204) 947-1379 for more information.

REMINDER: WoRksAfELY requires at least six people registered to deliver the course.

Construction safety Excellence™

Province Introduces Second Stage of Historic 10-year, $4...

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