Mechanical Contractor's Association of Manitoba Advocacy Efforts....

Prompt Payment Legislation

MCAM is a member of the Manitoba Prompt Payment Coalition, a coalition of 32 provincial trade associations and unions. In April 2018 the Coalition celebrated the success of Bill 218, The Prompt Payment in the Construction Industry Act passing first reading. Championed by MLA, Reg Helwer, the Bill raised the issue of Delayed Payment to the forefront in Industry communications and provincial media sources.

Press Release - MBPP - Bill 218 passes 2nd reading

While the Bill had logistical flaws, Industry worked together to provide recommendation to Mr. Helwer on how the Bill would better serve the Construction Industry. With the end of the legislative session, Bill 218 having passed second reading died before reaching committee.

Dedicated to seeing the needs of the Industry met through a fair Prompt Payment Regime, Mr. Helwer worked with Legislative writers to incorporate the recommendation Industry provided to Bill 218. Bill 245, was introduced by Mr. Helwer and passed first reading on June 3th, 2019.

With the calling of a Provincial Election, a short first session and a global pandemic, the MBPP has been patient in the re-introduction of Bill 245.

With economic uncertainty and increasing cash flow concerns, the need for Prompt Payment Legislation is more relevant than ever. With the onset of the Pandemic, local contractors are reporting payment delays of an additional up to 30 days; that of course is beyond the on average delay of 72 days.

MCAM continues to work with its Provincial Industry partners and hopes to see Bill 245 or a re-write introduced when Government returns to session this October.

Bill 38- The Builders' Liens Amendment Act (Prompt Payment) Progression:

First Reading - March 23, 2023, Manitoba Prompt Payment (MBPP), a coalition made up of 32 Trade Associations and unions across the province, celebrated Honourable James Teitsma, Minister of Consumer Protection and Government Services, bringing forward the first reading of Bill 38. Press release.

Second Reading - April 17, 2023, the Manitoba Prompt Payment (MBPP) coalition, a coalition of 32 trade associations and unions across the province, applauded the unanimous support of Bill 38 - The Builders' Liens Amendment Act (Prompt Payment) received in passing second reading. Press release.

Committee - May 8, 2023, Bill 38 presented at Committee for public input, MCAM and industry partners made presentations in support of Bill 38, including a request for an amendment requiring a full review of the Builder's Liens act to be initiated within 24 months of amendments to the act coming into force and for the review to be tabled within 12 months of the review being initiated.

Third Reading - May 15, 2023, Bill 38 - Builders' Liens Amendment Act (Prompt Payment) passed third reading in the Manitoba Legislature. MCAM Executive Director, Ramona Coey expressed industry's appreciation to Honorable James Teitsma, Minister of Consumer Protection and Government Services, the Minister responsible for the Bill. In his response, Minister Teitsma commented, "I am pleased that Bill 38 Prompt Payment has passed third reading at the Manitoba Legislature. We expect Royal Assent to occur in the coming weeks as we begin work on the regulatory framework in consultation with the construction industry."

Royal Assent - May 30, 2023, Bill 38 - The Builders' Liens Amendment Act (Prompt Payment), has received royal assent, marking a significant milestone for the construction industry in Manitoba. Honourable James Teitsma, Minister of Consumer Protection and Government Services, expressed his enthusiasm upon the successful passage of Bill 38, stating, "Bill 38 is a significant step towards ensuring financial certainty for contractors and subcontractors and promotes economic growth and investment in our province. As we move forward, we remain committed to moving forward towards the implementation of this legislation and are confident that it will have a very positive impact."

Bill 38 - The Builders' Liens Amendment Act (Prompt Payment).

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