Answer ... In addition to statutory lien legislation, a wide variety of legislative and regulatory provisions are relevant in respect of construction projects in Canada. These include the following.
Laws governing the use, development and redevelopment of land: Each Canadian province and territory, and the municipalities within which projects are located, has legislation, policies and/or bylaws that provide a framework for the use, development and redevelopment of land. At the beginning of any construction project, the parties must ensure that they have obtained the proper land use permissions, including zoning, site plan approval and environmental approvals.
Laws governing construction and building standards: Constructors must obtain a building permit (or permits) from the local municipality, in order to construct, renovate or demolish any building. When the project is complete, the owner must obtain an occupancy permit, which will be issued only once the applicable requirements under the relevant building code legislation have been met.
Laws regulating labour conditions and health and safety: Provincial labour and employment legislation mandates minimum standards for the health and safety of workers and will also govern, among other things:
- work site conditions;
- wages;
- termination; and
- collective bargaining/other union-related issues.
Laws governing the environment: Federal and provincial legislation imposes restrictions which affect construction, including in relation to required permits and the release (spills) of contaminants.
Laws governing public procurement: The federal, provincial and municipal governments in Canada are collectively some of the largest purchasers of goods and services in the country; as such, Canadian governments and courts have developed robust laws, regulations, policies, directives, guidelines and procedures that govern public procurement.
Laws governing competition and corruption: A variety of federal and provincial laws enhance and protect competition in the construction industry, prevent bid rigging and criminalise corruption.