Government Wide Contract Policy
Frequently Asked Questions (FAQs)
I am a contracting authority. Does this Policy apply to me?
The Policy applies to all government departments. It also applies to contracts administered by third
parties on behalf of Manitoba where the work is performed on an asset owned by the Government of
Manitoba.
The policy does not apply to the Government of Manitoba’s Crown Corporations or Special Operating
Agencies of Manitoba.
I am a contractor or subcontractor engaged in Government of Manitoba
projects. Does this Policy apply to me?
The policy applies to all contractors and subcontractors engaged in Government of Manitoba contracts
with activities that appear in any “sector” definition of The Construction Industry Wages Act (CIWA),
including the “heavy construction sector,” the “housing building sector,” and the “industrial, commercial
and institutional sector.”
Which Acts and regulations must I comply with?
Contractors and subcontractors are required to adhere to the following acts and regulations:
- The Apprenticeship and Certification Act and regulations
- The Employment Standards Code and regulations
- The Construction Industry Wages Act and regulations
- The Workplace Safety and Health Act and regulations
How do I show that I meet the requirements?
All contractors and subcontractors must submit a Contractor’s Certification Form – Legislative and
Safety Requirements, declaring they meet the requirements, before starting work on a Government of
Manitoba project.
Are any subcontractors excluded from having to submit a Contractor’s Certification Form – Legislative and Safety Requirements?
Subcontractors that are not required to submit a Contractor’s Certification Form – Legislative and
Safety Requirements include:
- Service providers that are not directly involved in the activities of the contract
- Suppliers that are not directly involved in activities of the contract
- Sole proprietors or owner-operators that have no employees
Do the safety program requirements apply to me?
Where the contract award value is C$100,000 or greater, the general contractor must have one of the
safety program certifications listed below. Additionally, for contracts tendered after March 31, 2016, all
subcontractors with a subcontract value of C$100,000 or greater must have one of the safety program
certifications listed below.
- Certification of Recognition (COR™) – for construction companies of 11 or more people
- Small Employer Certificate of Recognition (SECOR™) – for construction companies of 10 or fewer people
- Evidence of COR™ equivalency issued in accordance with the Canadian Federation of Construction Safety Associations COR™ program and verified by either the Manitoba Heavy Construction Association Work Safely Program or the Construction Safety Association of Manitoba
- Risk, Professionally Managed (RPM) – for companies in the Manitoba trucking industry
- Made Safe – for companies in the manufacturing industry
COR™ and SECOR™ certification is delivered by:
The Construction Safety Association of Manitoba (CSAM) – for more information, visit CSAM website or call 204-775-3171 (Winnipeg) or 204-728-3456 (Brandon)
The Manitoba Heavy Construction Association (MHCA) – for more information, visit MHCA website or call
204-947-1379
For more information about the RPM program, visit the RPM Trucking Industry Safety program website or call 204-632-6600.
For more information about the Made Safe program, visit the Made Safe website or call 204-949-1454.
Are there any exceptions to the safety program requirements?
The following specific work activities or contract classes are exempt from the safety program
requirements:
- Non-structural or non-architectural maintenance, renovation, decoration or other similar activity within the “housing building sector” or “industrial, commercial and institutional sector” of The Construction Industry Wages Act.
- Services and maintenance contracts related to the “housing building sector” or “industrial, commercial and institutional sector” of The Construction Industry Wages Act.
- Contractors and subcontractors in the safety program exceptions list above are still required to submit a Contractor’s Certification Form – Legislative and Safety Requirements to the contracting authority indicating the exception.
What is my responsibility under The Apprenticeship and Certification Act?
The Apprenticeship and Certification Act requires you to:
- Use only certified journeypersons or registered apprentices for work in compulsory trades
- Abide by the appropriate supervision ratios for all trades
The Construction Industry Wages Act also contains ratio requirements for construction workers to employees and trainees to skilled tradespersons, which may affect apprenticeship ratios.
What trades are eligible for the Apprenticeship program?
Apprenticable trades are those designated by The Apprenticeship and Certification Act.
For information about the Apprenticeship program, visit Apprenticeship Manitoba. You may also call 204-945-0575 or 1-866-332-5077 (toll-free), or send an email.
Where can I get more information about compulsory trades and supervision ratios?
For information about supervision ratios and compulsory trades, visit Apprenticeship Manitoba.
The current mechanical compulsory trades are:
- Construction Electrician
- Industrial Electrician
- Crane & Hoisting Equipment Operator (includes Mobile, Boom Truck Hoist and Tower Crane Operator)
- Refrigeration and Air Conditioning Mechanic (Commercial and Residential)
- Sprinkler System Installer
- Steamfitter – Pipefitter
What is my responsibility under minimum standards legislation?
- You must abide by The Employment Standards Code, which includes standards like overtime pay, vacation pay, general holiday pay, ending employment and unpaid leaves.
- You must also abide by The Construction Industry Wages Act, which has different hours of work, ratios
and wage rates for the “heavy construction sector” and the “industrial, commercial and institutional
sector.” - You must post the current minimum wage schedules at the worksite, where they can easily be seen by workers.
How do I know what legislation applies - The Employment Standards Code or The Construction Industry Wages Act?
In most cases both The Employment Standards Code and The Construction Industry Wages Act will apply.
All employees are covered by the Code. In addition, employees doing work that falls under the definition of the “heavy construction sector” or the “industrial, commercial and institutional sector” are covered by The Construction Industry Wages Act.
The correct pay for a construction employee depends on the type of work done by the employee. A contractor may have employees under different wage schedules on the same job. Employers must keep track of employees’ work hours in each sector and pay correctly.
What is the minimum wage?
There are different minimum wage rates in Manitoba. The correct wage rate depends on the type of work the employee is doing.
The minimum wage changes periodically. Visit the following for the current wage rates:
- General minimum wage
- Industrial, commercial and institutional construction wages
- Heavy construction wages
What is my responsibility under The Workplace Safety and Health Act?
The primary responsibility of all employers is to provide a safe and healthy workplace and to comply with the Act and regulations. For specifics, please visit SAFE Work Manitoba.
As the bidding company, do I need to modify my own tendering process or contract language to comply with this Policy?
Yes, if your contract language does not currently address the requirements of the policy.
The contractor must ensure that no subcontractor that falls under this policy goes on the government worksite without first having submitted a Contractor’s Certification Form - Legislative and Safety Requirements.
What happens if my subcontractor, or someone from my own company, violates the terms of the Policy? Or on a different project?
The Employment Standards Branch administers The Employment Standards Code, The Construction Industry Wages Act and The Worker Recruitment and Protection Act and enforces compulsory trade
ratios under The Apprenticeship and Certification Act.
A special investigation unit is tasked with proactively investigating and enforcing these Acts and regulations. If violations are found on a government worksite, Employment Standards will immediately notify the contracting authority.
The Director of Employment Standards has significant authority to enforce legislation and impose penalties on non-compliant contractors. Each contracting authority also has the authority to develop policies for managing violations on a government project.
What if I have questions?
If you have questions regarding the bidding process or the administration of the policy, please contact the tendering authority directly using information provided to you on the original invitation to tender.
For further information regarding this policy and its requirements, please contact Manitoba Education and Training by phone at 204-945-0575 or 1-866-332-5077 (toll-free), or through email.
