e Undergrounder - OSWCA

UndergrounderUndergrounderSPRING 2004SPRING 2004

ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION

TheThe

Renewing Canada’s Water &Sewage Infrastructure

Status of Bill 175 – Still Waiting

Ground-Penetrating Radar

Bill C-45 Casts a Wide Net

Ontario Regional Common Ground Alliance

INSIDE

Safety GroupReceives Record $2.8 Million Rebate

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The Undergrounder / Spring 2004 • 3

©2004 Naylor Publications Co. (Canada). All rightsreserved. The contents of this publication may not bereproduced by any means, in whole or in part,without prior written consent of the publisher.

Senior Managing Publisher: David Long

Publisher: Martin Rissin

Editor: Jonah O’Neil

Editorial Coordinators (OSWCA):Sam Morra & Gus Morelli

Sales Manager: Allen Reimer

Book Leader: Bert Eastman

Sales Representatives: Trevor Rebillard, Ryan Jonasson, Anook Commandeur, Brenda Ezinicki, Steve Urias, Brian Hoover, Gord Jackson, Pat Johnston, Arlene Nowicki, Dawn Stokes, Billy Houlbrook

Design & Layout: Deb Churchill Basso

Advertising Art: David Cheetham

Research Associate: Marina Nikolaeva

Published April 2004/OSW-T0104/8828

Canadian Publications Mail Agreement #40064978

MESSAGES

5 President’s MessageJohn Weber

7 Executive Director’s MessageSam Morra

FEATURES

9 Safety Group Rakes In Record $2.8 Million Rebate

12 Renewing Canada’s Water & Sewage Infrastructure

14 ORCGA Damage Prevention Symposium

15 Status of Bill 175 – Still Waiting

19 Ground-Penetrating Radar

21 Bill C-45 Casts a Wide Net

MEMBER PROFILE

23 Ontario Regional Common Ground Alliance

25 Buyers’ Guide & Trade List

The Undergrounder is published for the Ontario Sewer and WatermainConstruction Association (OSWCA)5045 Orbitor Drive, Unit 12, Suite 300Mississauga, ON L4W 4Y4Tel.: 905-629-7766, Fax: 905-629-0587

Published by Naylor Publications Co. (Canada)100 Sutherland Avenue, Winnipeg, MB R2W 3C7Tel.: 204-947-0222, Fax: 204-947-2047www.naylor.com

On the cover:Safety Group rebate: Ron Robinson Jr.,OSWCA Past President (left); Sam Morra,OSWCA Executive Director (right)

Correction: In the Fall 2003 issue of The Undergounder, theMember Profile incorrectly listed the name of Ken Dyble’scompany as Crowle Supply. The correct name is CCrroowwlleeFFiittttiinnggss && SSuuppppllyy LLttdd.. We sincerely apologize for anyinconvenience or confusion this may have caused.

UndergrounderUndergrounderSPRING 2004SPRING 2004

ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION

TheThe

www.flygtdewatering.ca


Message from John Weber, President, OSWCA

In an era which will be character-ized by high public confidencein the safety of its drinkingwater, the timely reconstructionof aging facilities and acceptance

of the concept of financial sustainabili-ty of our water and sewage systems areparamount. The OSWCA has beenworking steadfastly along with otherstakeholders to encourage govern-ments to adopt policies that promotesustainable infrastructure systems.

In Ontario, we are now dealing witha significant political shift as the Liber-al party settles into government. Andnow there’s a very large and unwel-come elephant in the corner of theroom in the form of a $5.6 billiondeficit bequeathed to them by thedeparting government. It is now thatwe must continue our leadership onthis important issue to the public andthe industry.

The Sustainable Water and SewageSystems Act was passed over a yearago, yet regulations have not been

developed. The Liberal party, then inopposition, voted against the bill inthe House saying that it did not go farenough to address our water andsewage infrastructure deficit in theprovince. We are now looking for aclear signal that the new governmentwill not only commit to fully devel-oping the regulations, but also put inplace a dedicated Water and SewageInfrastructure Renewal program tohelp smaller and rural municipalitiesmanage the transition to full costpricing.

It is no overstatement to say thatmoving the Sustainable Water andSewage Systems Act forward promptlyand decisively will be a crucial test forthe new government. Stakeholders willbe watching for signals. In the absenceof any indication from the new gov-ernment to the contrary, we have everyreason to believe it is full speed ahead.

On the campaign trail, the McGuin-ty Liberals committed to implementingboth the spirit and the letter of theO’Connor report. They also committedto source protection, which is alreadyin the Act in the sense that municipali-ties can include costs for source protec-tion as long as they’re related to theprovision of water or sewage services.

We are also intrigued by the Liber-als’ decision to replace SuperBuild witha brand new Ministry of Public Infra-structure Renewal. The other positivedevelopment is the increased level ofcooperation that we can expect

between our provincial and federalgovernments. On the federal side,we’ve seen three infrastructure pro-grams where water and sewage systemupgrades in Ontario qualify for fund-ing. The first was the Canada OntarioInfrastructure Works Program whichcommitted over $600 million towardsmunicipal infrastructure renewal inour province. This federal moneyleveraged similar amounts from theprovincial and municipal levels of gov-ernment to result in investments closeto $2 billion over the last five years.With a Liberal government federallyand in Ontario we look forward to asubstantive partnership on infrastruc-ture renewal.

We are pleased to report that ourinitial meetings with Minister DavidCaplan have proven to be very posi-tive. He is a great supporter of infra-structure renewal in Ontario and wehave shared many ideas on ways toimplement full cost recovery inOntario. We look forward to workingwith him even more so in the future.

We’re almost there. I believe con-tinued strong leadership will take usthe final leg of the journey to see theSustainable Water and Sewage SystemsAct proclaimed into law with practicalregulations and a Clean Water Infra-structure renewal program.

Once we do succeed, we can get onwith the important task of reconstruct-ing Ontario’s water and sewage infra-structure for generations to come. ■

The Sustainable Water and Sewage Systems Act -Looking for a Clear Signal


Message from Sam Morra, Executive Director, OSWCA

As Bill 175 is implementedover the next few years,our industry can antici-pate a surge in water andsewage projects. Many of

these projects will be located in highlyurbanized older areas. Already, we areaware of the growing number of utili-ties found in our crowded municipalright of ways and the resulting difficul-ty in locating them. For many yearsnow the OSWCA has been promotingthe use of Subsurface Utility Engineer-ing (SUE), just has we have been push-ing for changes in the way locates arecompleted.

SUE is a win-win investment formunicipalities contemplating under-ground construction work. It is amethod for recording and presentinginformation on buried undergroundutilities. It is an advancement on pre-vious technologies because it com-bines traditional civil engineeringutility data collection with new com-puter and optic technologies.

Our challenge is to encourage theuse of SUE for sewer, watermain androad reconstruction projects. Presently,

municipalities and underground utilityowners provide limited informationon the horizontal location of theanticipated utility. However, to proper-ly design excavation support systemsto protect workers and the public,excavators need more detailed infor-mation such as the composition,diameter, depth, and type of structureto be encountered. This is where SUEcomes in.

The tragic loss of seven lives lastyear associated with the gas explosionnear the intersection of Bloor StreetWest and Kipling Avenue in Torontohas heightened the urgency for all util-ity and project owners and construc-tors to improve the process ofaccurately locating existing under-ground utility structures.

The use of SUE by project ownerswill: • reduce the number of excavations

that conflict with existing under-ground utilities;

• reduce the need to relocate existingunderground works to accommo-date new structures;

• reduce project construction costs; • reduce the number and severity of

utility damages; • reduce project completion times; • reduce construction claims, and

most importantly; • increase public and worker safety.

In the US, at least 40 state depart-ments of transport are using SUE tosort through the subsurface congestionunder their highways.

An example of savings from the useof SUE was in a recent Maryland high-

way project that involved a roadwidening. Data gathered through SUEshowed that about a mile of tele-phone, water and sewer lines were inconflict with the proposed road pro-ject. With SUE data, designers wereable to make slight changes to theconstruction design, saving an esti-mated $1.3 million dollars. The cost ofusing SUE on the project was about$56,000, a return on investment ofabout 2,300 percent.

Here in Toronto, the recent use ofSUE on a watermain project a few kilo-metres from the Etobicoke explosionsite apparently revealed a 50mm gasmain that was not shown by the gascompany on drawings circulated bythe city. The repercussions could havebeen significant.

The OSWCA has been communicat-ing with municipalities and variousprovincial and federal governmentagencies about the importance of reli-able utility mapping and locate infor-mation and the advantages andsavings associated with the use of Sub-surface Utility Engineering. SUE is aninvestment required not only for engi-neering and construction purposes butmay also become the precursor to abold new world where composite map-ping exists for our entire undergroundinfrastructure in Ontario. The CivilInfrastructure Systems TechnologyRoad Map, currently being developedby the NRC, CSCE, CCPE and theCPWA envisions the future develop-ment of such an undertaking. TheOSWCA will continue its work with allstakeholders to make this a reality. ■

SUE is a Win-Win Investment for Municipalities

8 • The Undergrounder / Spring 2004

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It’s payback time and OSWCAmembers in the Civil Con-struction Safety Group havestruck a pot of gold. The groupreceived $2.8 million in

rebates, the largest rebate given outin the Safety Groups program.

“The size of our group is quitesubstantial which allowed the poten-tial. Everybody within the group par-ticipated quite well and achievedgood results throughout. We wereable to get 91% of our potentialback,” said Group Steering Commit-tee Chairman Darrin Husack. Thegroup had 111 companies and asso-ciated companies. All of them aremembers either of OSWCA or itspartner in the group, ORBA (OntarioRoad Builders Association).

The Safety Groups program is arelatively new initiative by theWSIB. The success of each group isdetermined by their group effort aswell as individual ratings. One of thegoals of the program is to have com-panies learn from each other’s expe-riences and best practices. Each yearthe group sets five achievementitems. Then individual companiesare rated on how well they complet-ed each item.

Husack said that success relies ongroup members meeting their goals.“Everybody has to do well. We havehad good success and we want tocontinue. One of the challenges is tomake sure everybody is doing whatthey say they are doing,” he said. Heexplained that people who choose tobe part of the Safety Group alreadyhave a commitment to a safe work-

place. “Everybody that is part of thegroup is already one of the convert-ed. They are doing it for their owngood as well as for the group’s bene-fit. Everybody is sincere about get-ting better themselves,” he said.

Husack also attributedthe group’s success tothe effort put in byOSWCA and ORBA staff.“The larger the groupgets, the more data hasto be reviewed. We haveto maintain everybodyand follow up to makesure they do well. Thisrecord keeping is quite achallenge and theOSWCA and ORBA asso-ciates do a tremendousamount of work trackingstatistics for us,” he said.

Gus Morelli is the OSWCA’sTechnical Assistant and sits on theCivil Construction Safety GroupSteering Committee. He said thatkeeping track of information for thegroup helps the members achieve

Safety Group Rakes In Record$2.8 Million RebateBByy CChheerryyll RReeggoo

Left to right: Ron Robinson Jr., OSWCA Past President; Rumina DiValentin, WSIB Consultant; Peter Watson, ORBA President

Ron Robinson Jr., OSWCA Past President (left); Sam Morra,OSWCA Executive Director (right)


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their targets. “We put together abinder that organizes each member.It has dividers for everything thatthey do and even includes samplesof what to do. It also contains thecontact list of everybody that is inthe group so they can talk to eachother,” he said.

Morelli also said that having asafety group consultant furtherensures the group is on the righttrack. The consultant is DonCameron. Cameron is retired fromthe Ontario General ContractorsAssociation (OGCA). He had previ-ously helped the OGCA safety groupset an early record rebate of $2.3 mil-lion. Now Cameron and the CivilConstruction Safety Group have seta new record to beat.

Beyond breaking rebate recordsand achieving targets, the real intentof the Safety Groups program is tofoster safe workplaces. Husack saidthat being in a Safety Group automat-ically forces a company to followthrough on safety initiatives. “Thereare internal challenges for each com-pany. It is no more difficult thanwhat you would do for your owncompany, but there is a little bit ofextra paperwork. It is good that thegroup forces the company to do thatpaperwork so all angles are covered,”he said.

Husack is also the Safety Coordi-nator at Con-Drain Company (1983)Ltd. He said Con-Drain has seen adecrease in the number of accidents,but he cannot simply attribute thatto the safety group, because thecompany has a high safety standard.“I do see a little more awareness,more communicating with the work-ers. We’re getting a big bang forwhat we’re doing,” he said.

As the Civil Construction SafetyGroup grows its success, it is alsogrowing its membership. There arenow over 160 companies in thegroup, which makes it possible forthe group to beat their own recordwith an even larger rebate. ■

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Early indications fromnew governments at theFederal and Provinciallevels mean that there isa good chance bi-level

partnerships on rebuilding infra-structure could happen soon. Infact, in Prime Minster Paul Martin’srecent throne speech he made refer-ence to a “new deal that targets theinfrastructure needed to supportquality of life and sustainablegrowth.”

Hillary Dawson, an associatewith StrategyCorp, said that Federaland Provincial governments havealready met and the talk on infra-structure is finally coming aroundto the right place. “With the newPaul Martin government in Ottawa,it is good news,” she said. “Nowthey say sewer and water when theytalk about infrastructure, where

before the government used to talkabout roads and buildings.” She saidprevious governments were moreapt to conduct study after study oninfrastructure renewal.

However, Dawson said that thereare some hurdles to be overcomebefore Federal and Provincial gov-ernments start working together onwater and sewer infrastructure. “Oneof the greatest barriers to these jointprojects is the ability to come to acompromise on who is going tomanage money and decide how it

will be spent. The other hurdle isdeciding how much everybody isgoing to contribute. Provinces andmunicipalities usually have tomatch funds,” she said. These have

been pretty difficult hurdles for pastgovernments to overcome, but Daw-son said both the Federal and theOntario government seem prettyserious about making somethingwork. “All the signals from the newMinister of Public InfrastructureRenewal, David Caplan, show theyare serious about this. A comprehen-

New Government isGood News

BByy CChheerryyll RReeggoo

“With the new Paul Martin government inOttawa, it is good news,” Hillary Dawson said.“Now they say sewer and water when they talk

about infrastructure, where before the governmentused to talk about roads and buildings.”

Renewing Canada’s Water & Sewage Infrastructure


sive joint infrastructure plan is inthe works,” she said.

Dawson said that in the Provin-cial arena, the Ontario governmentis engaged in a capital review processlooking at overall Provincial capitaldollar needs. “The Minister [DavidCaplan] is committed to investigat-ing sewer and water infrastructureneeds and focusing on this insteadof just throwing money at infrastruc-ture in general,” she said.

The Ontario government’s com-mitment seems to be sincere. Thecreation of the new Ministry of Pub-lic Infrastructure Renewal is a step inthe right direction. At an address tothe Ontario Concrete Pipe Associa-tion, Minister Caplan promised,“We are going to improve water andwastewater service in Ontario.”Later, he got more specific when hesaid, “…the province’s water andwastewater systems will bereformed, upgraded and improved.”He said his Ministry is leading thedevelopment of a long-term strategyfor water and wastewater invest-ment that will help municipalitiesdeal with this issue.

Dawson said the time has comefor Ontario and the Federal govern-ment to put some money behindwater and sewer infrastructure.“There is more of an appetite forspending money on water and sew-ers. The Walkerton inquiry broughtthat out. In Hamilton there weremajor watermain breaks last yearand things like this are beginning toget people’s attention,” she said.

Although the Ministry would notconfirm it, Dawson said that there is

a good possibility of a dedicatedsewer and water infrastructure fundon the Provincial side, and pending

the outcome of a Federal election,there might be similar moves fromthe Federal government.

The OSWCA has been pushing foryears for governments at all levels topay attention to declining water andsewer infrastructure. The Walkertoninquiry and subsequent report didmuch to bring the issue to the publiceye. Now, it seems that new Federaland Provincial governments mightbe ready to take real steps towardsmaking a difference. ■

The Ontario government’s commitment seems tobe sincere. The creation of the new Ministry of

Public Infrastructure Renewal is a step in the rightdirection. Minister Caplan promised, “…the

province’s water and wastewater systems will bereformed, upgraded and improved.”


The 1st Annual ORCGA Damage PreventionSymposium was held on March 2nd and3rd at the Delta Meadowvale in Missis-sauga. Participants of the symposiumincluded the Ontario Sewer and Watermain

Construction Association, the Association of OntarioLand Surveyors, the Construction Safety Association ofOntario, Hydro One, the Ministry of Labour, theOntario Home Builders Association, TransCanadaPipelines, TSH/TBE and the Technical Standards & Safe-ty Authority, just to name a few.

There were presentations on Best Practices in theareas of public education and awareness, planning anddesign, mapping, one call centres, locating and mark-ing, excavation, compliance, reporting and evaluationand insurance.

Speakers who took part in the two-day event includ-ed Mike Scarland, ORCGA Chairman; Robert Kipp,

Common Ground Alliance Executive Director; TedDance, TSSA-ORCGA Strategic Division; and BernardMoyle, Ontario Fire Marshal.

On March 3rd a Panel Discussion, “Legislated OneCall and Compliance”, took place. On the panel wereJ.D. Maniscalco, Executive Director of the Utility Notifi-cation Center of Colorado; Larry Persons, Director ofNetwork Management at Rogers Cable Inc.; Helle Tosine,Assistant Deputy Minister, Operations Division with theMinistry of Labour; Jean P. Taillon, Senior Vice Presidentof Operations for Bell Canada; Sam Morra, ExecutiveDirector, OSWCA; and Mel Ydreos, Vice President ofOperations at Union Gas Limited. Ben Chin, anchor andco-host of the current affairs magazine show TorontoTonight, moderated the panel.

Overall, the Symposium was a great success, and theparticipants look forward to the 2nd annual symposiumin 2005. ■

ORCGA Damage Prevention Symposium was aGreat Success

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Don’t hold your breath waitingfor regulations to Bill 175.Contrary to earlier promisesthat the draft regulationswould be ready by late

2003, they are nowhere to be seen and theMinistry of the Environment doesn’t havea target date yet. Industry analysts saythat the new Ontario government is stilldealing with other water issues, and has-n’t even had the chance to considerdealing with the regulations.

Bill 175, the Sustainable Water andSewage Systems Act was passed by theOntario Legislature in December2002. Since then, groups in varioussectors including the OSWCA, havebeen waiting for regulations on theBill.

Hillary Dawson is an Associatelobbyist at StrategyCorp. She hasalso spent many years working onpublic infrastructure issues. Shesaid that the passage of Bill 175provided a good framework fordealing with infrastructure, but itwould have been better if it wasput into legislation earlier. “The pre-vious government didn’t [pass legislation]because some of the issues were controversial, such as cost recov-ery. They wanted to avoid that conflict pre-elections. They were already ham-mering municipalities with a lot of other costs,” she said.

Dawson said the expectation was that the new Liberal government wouldmove things along much quicker. There was added hope when Gord Miller,the Environmental Commissioner of Ontario, addressed the act in his annual


Status of Bill 175

– Still Waiting



report and said, “The SWSSA is awelcome initiative from the Ontariogovernment in response to publicconcerns about the safe and sustain-able provision of water. The Act putsin place a legal framework to sup-port a comprehensive system of fullcost accounting and cost recoveryplanning that, in the long run,should encourage greater water con-servation and protection inOntario.”

Dawson said the governmentpromised consultation on the draftregulations and everyone has beenwaiting for the consultation dates tobe announced. “We were expectingdraft regulations a couple of monthsago. It really hasn’t worked out thatway. The Ministry of the Environ-ment keeps saying that this is part ofa greater strategy on water and theyhave struck two committees onsource water protection, which is

only related to this indirectly,” shesaid.

There are also budgetary reasonswhy the government may be hold-ing off on the regulations. Dawsonsaid that with a $5.6 billion deficit,the government might be waiting tosee how much financial assistancethey can provide to smaller munici-palities. In his report, Justice O’Con-nor recommended that assistance begiven to smaller municipalities whodo not have the population base tosupport full cost accounting. “Theywould hate to pass a set of regula-tions that would obligate them tolarge expenditure,” Dawson said.

From the sewer and water con-tractors’ perspective, Dawson saidthere are a few critical regulationsthat must be included. The first is inreference to full cost pricing. TheOSWCA is focused on getting anactual date when full cost pricingshould be phased in, instead of leav-ing it up to municipalities. They sug-gest five to eight years as a phase-inperiod. Another discussion is thedefinition of full cost pricing andaccounting. The sewer and water-main industry wants to avoid cross-subsidization at all cost. Forinstance, they say the revenue com-ing in from water being meteredshould go to servicing the water sys-tems instead of going into the gener-al revenue coffer. Municipalities, onthe other hand are loathe to havelegislation that dictates how theycan spend the revenue they gener-ate. The OSWCA is also pushing fora dedicated reserve fund and manda-tory water metering. As well, theywant to entrench the user pay prin-ciple into the regulations to promotetransparency and conservation.

Like OSWCA, other stakeholdershave long discussed the regulations.Now it is up to the government toset public hearing dates so that com-munication, consultation and com-promise on the regulations canbegin sooner rather than later. ■

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Pre-Construction SurveysDoug Hopkins Sr.B.A., F.I.I.C. - Director of Construction Services

Cunningham Lindsey Canada Limited25 Main Street West, Suite 1410, Hamilton, Ontario L8P 1H1Tel.: (905) 528-1481 • Fax: (905) 529-1302 • Toll Free: 1-800-213-6905E-mail: [email protected]

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www.stinson.ca STINSON EQUIPMENT LTD.

Tel: 905.669.2360 130 Creditstone Rd., Concord, ON L4K 1P2 Fax: 905-669-2360

Ground-Penetrating

Radar


Most civil contrac-tors probably wishthey had x-rayvision. The abilityto pinpoint exact-

ly where hidden elements lie under-ground would save time and allowproject managers to breathe easier.We probably won’t have the supergenetics for x-ray vision any timesoon, but GPR (Ground-PenetratingRadar) might be the next best thing.

GPR is one tool used by SUE (Sub-surface Utility Engineering) providersfor locating underground elements.GPR is widely used throughout theUS because of its accuracy, detail andoverall cost savings. A report done byPurdue University showed an averagecost savings of $4.62 for every $1.00spent on obtaining more detailedutility information as part of a SUEproject.

GPR technology uses a specializedantenna array to locate undergroundutilities and conditions. The equip-ment works by emitting radar impuls-es into the ground. The impulsesthen reflect as they interface withmaterial having different electricalcharacteristic, such as from a con-crete pipe to soil. The reflectedimpulses are picked up by a recieverantenna and a computer records how“loud” this echo is and how long ittook to return to the antenna, anddisplays the information on a videoscreen. The raw data can be savedand then analyzed by technicians todeliver accurate depictions of the sub-surface.

The benefits to GPR lie in level ofaccuracy and the detail of the data it

produces. As well, it can detect non-metallic elements such as concrete orplastic pipes. GPR gives readings onthe location, quantity, depth and rel-ative size of the utility. The test isnon-destructive, so there is no needto follow up on any restoration work.

GPR has its limitations! The depthof penetration of the radar impulsesis greatly affected by soil conditions.Highly conductive soils such as satu-rated clays restrict the radar impulses,while highly resistive soils such assands, bedrock and ice allow theimpulses to penetrate to greaterdepths. Lawrence Arcand is a SUEProject Manager at TSH/TBE. “Wehave used GPR successfully on pro-jects in Whitby and Port Stanleywhere soil conditions were suitablefor GPR,” he said. “By reviewing thegeotechnical report you can get someidea of what the soil conditions areon site. That gives you an idea, aheadof time, whether it is going to beeffective or not.”

Some contractors may hesitateusing GPR because of its cost. Theupfront costs for the equipment arehigh, however there are alternativesto purchasing it. Arcand said, “Theone thing that may draw people

back is that the equipment is fairlycostly – but there are alternatives.Equipment can be rented or you canhire a qualified firm to complete theinvestigation for you. Our firm,along with others, can use GPR tocomplete a subsurface investiga-tion.”

However, Arcand cautions againstrenting equipment unless the opera-tor is experienced in GPR. “It is typi-cally not the type of equipment youcan expect to rent and use withoutany prior experience. It takes atrained eye to know what you are

Adjusting equipmentsettings at a GPRequipment (MALA EasyLocator) demonstration inNiagara-on-the-Lake.

GPR equipment (MALA Easy Locator) used todemonstrate designating the location of a buriedtelephone duct in Niagara-on-the-Lake.



looking for. To the untrained observ-er the screen may look like bunch ofsquiggly lines, but to a trained eye itreveals underground pipes, trenches,foundations and other structures,”he said.

Arcand said contractors shouldlook for experienced GPR techni-cians. However, he said that evaluat-ing expertise is difficult becausethere is no certification yet for GPStechnicians in Canada. “There isnothing like a certified GPR techni-

cian. The best judge of competencyis the experience of the operator. Geta feel of what projects they havedone in the past and how much GPRwork they have done on the pro-jects,” he advised.

GPR technology is being adoptedwidely in other countries. In the US,the Federal Highway Administrationis using GPR for bridge and pave-ment management, providing high-way agencies with the means toquickly collect inventory data on all

bridges and pavements they main-tain. They have outfitted a cube vanwith antenna and radar. The van cantravel as as fast as 89 km/h while col-lecting data, so there is not even aneed to stop traffic.

Arcand said where soils make itpossible, there is no equivalent toGPR. “From our standpoint, thereare cost savings with getting subsur-face utility information up front andGPR is one of the tools that allowsus to get it,” he said. ■

FLOYD PRESTON LIMITEDAGGREGATES - TRANSPORTATION - TOPSOIL

LANDSCAPING ROCKS - TRIPLE MIX

LARRY PRESTONPresident/Owner

BUS.: (905) 473-1921FAX: (905) 473-5754E-MAIL: [email protected]

AGGREGATES

P.O. BOX 54818444 MCCOWAN RD.MOUNT ALBERT, ON

L0G 1M0

InfrastructureVideo InspectionCleaning - Locating

KEN KIVISTO, B.A.BUS. (905) 857-0729

1 (866) 393-8439FAX (905) 857-9494GTSWCA.OSWCA

310 DINGLE COURTBOLTON, ONL7E 4T1www.eyeviewdrains.com

DRAIN SERVICES LTD.


In November 2003, the Canadi-an parliament passed legisla-tion that for the first timemakes it a criminal codeoffence for not taking reason-

able steps to prevent workplace acci-dents. Built on the heels of theWestray Mine Disaster in Nova Scotiawhen 26 miners were killed, Bill C-45casts a wide net. It extends theresponsibility to prevent workplaceaccidents from co-workers to officersand directors of an organization.

Before Bill C-45 was passed, corpo-rations could only be found criminal-ly guilty if the “directing mind” ofthe organization had the necessaryintent or state of mind. The “direct-ing mind” was defined as the personwho holds enough authority in theorganization to be considered the

“alter ego” of the organization. Fur-thermore, this person needed to havethe authority to set policy ratherthan simply having the authority tomanage. As well, it had to be shownthat this person intended to benefitthe corporation by the crime.

With C-45, the responsibility ismuch more extensive. It establishes acriminal code duty on “every onewho undertakes, or has the authority,to direct how another person doeswork or performs a task ... to take rea-sonable steps to prevent bodily harmto that person, or any other person,arising from that work or task.” Cur-rent Occupational Health and Safetystatues across Canada place legalduties on employers, supervisors,workers, suppliers, directors and offi-cers. In a paper written in 2003, Keith

said that, “Bill C-45 extends legalduties to a new level that will likelyinclude foremen, lead hands, andeven co-workers.”

Furthermore, instead of having toprove intention, the Crown onlyneeds to show the individual did notdo everything they possible could toprevent the injury. Norman Keith is apartner in the law firm GowlingLafleur Henderson LLP. “Bill C-45 hasbig implications for all OSWCA mem-bers, and they must be familiar withthis law,” he said.

Anyone directing the work ofsomeone else is under a legal duty totake reasonable steps to prevent bodi-ly harm arising from work to the peo-ple they direct.

Aside from legislating responsibili-ty, the Bill also makes it easier fordecision-makers to be found guilty ofcriminal negligence under the crimi-nal code if it can be proven they didnot do everything they could to pre-vent an accident. In the case of aworker death, the maximum penaltyfor an individual convicted of crimi-nal negligence is life imprisonment.

Bill C-45 provides a set of factorsthat a court takes into account whensentencing an organization. Theseinclude any advantage realized by theorganization as a result of theoffence; the impact that the sentencewould have on the economic viabili-ty of the organization and the con-tinued employment of its employees;any regulatory penalty imposed onthe organization or one of its repre-sentatives in respect of the conductthat formed the basis of the offence;any penalty imposed by the organiza-tion on a representative for their rolein the commission of the offence;any measures that the organizationhas taken to reduce the likelihood ofits committing a subsequent offence.

The Bill also gives special powersto the courts regarding probation in aconviction. In his paper, Keith saidthose conditions include restitution;publication; the establishment, com-

BBiillll CC--4455 CCaassttssaa WWiiddee NNeett


“Bill C-45 has big implications for all OSWCAmembers, and they must be familiar with this law,”

Norman Keith said. Anyone directing the work ofsomeone else is under a legal duty to take

reasonable steps to prevent bodily harm arising fromwork to the people they direct.


munication and implementation ofOccupational Health and Safety poli-cies; standards and procedures toreduce the likelihood of the organiza-tion committing a subsequentoffence; and the identification of thesenior officer who is responsible forensuring compliance.

In the wake of Bill C-45, organiza-tions are being urged to review theirhealth and safety programs. They arealso advised to establish clear healthand safety responsibilities within theorganization and generally show realcommitment to workplace healthand safety. ■

The Six Major Changesthat Bill C-45 brings1. Creates a legal duty to ensure safety,

elevates the stigma and the penalty,lowers the threshold for anorganization to be charged.

2. Expands legal duty to more people inthe workplace - potentially to theforeperson, lead hands and co-workers.

3. Creates a requirement to preventbodily harm, casts a larger net tocover all persons that may be affectedby work done (possibly the public),and raises the expectation regardingprevention.

4. If a company representative commitsa serious Occupational Health andSafety offence, the organization canbe charged with criminal negligence.“Corporation” is replaced by the term“organization”, which extends thislegislation to unions, municipalitiesand partnerships.

5. More sentencing considerations suchas advantage to the organization fromthe offence, preventative measurestaken by the organization, assets ofthe corporation, cost of theinvestigation and prosecution can beassigned.

6. Probation Powers: courts can see theterms of probation, can make a seniorofficer of the organization responsiblefor the probation requirements, andcan require progress reports.

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VAUGHN GIBBONSPresident

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[email protected]

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It is uncommon to have stake-holders from different industriessitting together discussing bestpractices. Well, uncommon untilnow. The Ontario Regional

Common Ground Alliance (ORGCA)encourages discussion between stake-holders of various industries, all in aneffort to develop best practices fordamage prevention to undergroundfacilities.

The ORCGA is a splinter group ofthe Common Ground Alliance in theUnited States. The parent organizationwas formed as a task force with themandate to validate the “Best Prac-tices” in connection with preventionof damage to underground facilities.Similarly the ORCGA is an organiza-tion dedicated to shared responsibilityin damage prevention. The organiza-tion seeks to enhance public safety,environmental protection and theintegrity of underground facilities bypromoting industry best practices inOntario.

The big difference between Com-mon Ground Alliance and partnerssuch as ORGCA is its ability to puttogether stakeholders from various

industries. The ORGCA has representa-tives from municipal government,excavators like the OSWCA, utilities,telephone companies, and Internetand cable providers. “We began amal-gamating groups some time ago. Atfirst we had some utility people andthen we added some excavators. Theyused to blame each other and the firsttime we put them together, it wasinteresting. They realized they needed

consensus to solve issues. Every timeanother group joins, you have thesame effect. All the players are sittingat the table. They can’t blame eachother and are forced to answer eachothers’ concerns,” Scarland said.

There is no doubt the organizationis serious about making a difference.

They have already developed a draft“best practices” document. This is nomean feat considering that most of thedecisions and much of the inputcomes from people who volunteertheir time at ORCGA, but have fulltime employment in their respectiveindustries.

Mike Scarland, the chairman of theORCGA’s Steering Committee,explained how the ORCGA was able to

complete a draft “Best Practices” docu-ment so quickly. “We had severalgroups that were meeting already.When we pulled these groups togethera lot them had already been workingon best practices. We took the Com-mon Ground Alliance best practicesguide and kept the same format, but


Scarland said the power of a best practice is in thenumber of people who have helped put it together. “If yousay 40 to 50 stakeholders have worked on this, it prettymuch holds a bar for anyone else. Any court is going to

look at that and say this is the way you are doing things,whether or not it becomes a regulation, the document is

still a pretty powerful tool,” he said.

The Ontario Regional Common Ground Alliance

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amended the information. If you readthe CGA best practices many of themapply in the US as well as here. Thedifference was the reference to legisla-tion – a lot of procedures were litiga-tion based. They have legislation thatenables litigation and in Canada, thatis not how we work things,” he said.

Scarland said the power of a bestpractice is in the number of peoplewho have helped put it together. “Ifyou say 40 to 50 stakeholders haveworked on this, it pretty much holdsa bar for anyone else. Any court isgoing to look at that and say this isthe way you are doing things,whether or not it becomes a regula-tion, the document is still a prettypowerful tool,” he said.

Scarland said there are currentlyapproximately 40 to 50 organizationsthat contribute their time to the orga-nization. The best practices draft wasdone with their input by a core groupof eight to ten corporations. Scarlandsaid ORCGA is not satisfied and islooking to expand industry involve-ment further. The organization held asymposium on March 2nd and 3rd,2004. The purpose was to have evenmore industry stakeholders reviewand comment on the “Best Practices”draft.

Prior to the symposium, Scarlandsaid organizations who want to havean impact on the best practices finaldocument should attend. “At the sym-posium we are going to hand out acopy of the draft. We will have presen-tations by type of best practice. Wewant participants to take a look at thebest practice and the action plans.They give their feedback at the ses-sions and they can also come to thenext meeting to give input. The wholefocus is to drive more input into thebest practices,” he said.

There are about 180 best practicesdeveloped by ORCGA. Scarland said ifthere are no major concerns then theBest Practices would be voted in, andthen companies would be encouragedto follow them. ■

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ACCOUNTANTS/MANAGEMENT CONSULTANTSRosenberg, Smith & Partners .......................................18Concord, ON

AGGREGATESFPL Aggregates...........................................................20Mount Albe, ON

Hard-Co Sand & Gravel/Construction ............................18Whitby, ON

BARRISTERS & SOLICITORSMathews, Dinsdale & Clark C/O, MDC Law .....................8Toronto, ON

BONDING & INSURANCECunningham Lindsey Canada Limited ...........................18Hamilton, ON

St. Paul Guarantee Insurance Company ........................17Toronto, ON

Stevenson & Hunt Insurance Brokers Ltd. .....................24London, ON

The Guarantee Company of North America....................25North York, ON

CLAIMS INVESTIGATION SERVICESOza Inspections Ltd. ....................................................26Grimsby, ON

CONCRETE PRODUCTSAnchor Concrete Products Ltd......................................13Kingston, ON

Coldstream Concrete Ltd .............................................26Ilderton, ON

CONSTRUCTIONCarillion Canada Inc.....................................................18Toronto, ON

CONSTRUCTION LASERSDirect Equipment Ltd. ..................................................24Oakville, ON

Ontario Laser Rentals Ltd.............................................17Etobicoke, ON

CONSTRUCTION PRODUCTSArmtec Limited .....................................Inside Back CoverGuelph, ON

CONTRACTORSAecon Utilities .............................................................26Brampton, ON

Drexler Construction Ltd. .............................................17Rockwood, ON

CONTRACTORS – SEWER & WATERMAINV. Gibbons Contracting Ltd. ..........................................22Ridgeway, ON

ENVIRONMENTAL ENGINEERING (EQUIPMENT SALES)CH2M Hill ...................................................................20Toronto, ON

ENVIRONMENTAL SERVICESOza Inspections Ltd. ....................................................26Grimsby, ON

EQUIPMENT FINANCING & LEASINGJohn Deere Credit Inc ..................................................26Burlington, ON

EQUIPMENT SALES, RENTAL & SERVICEBattlefield Equipment Rentals.......................................22Hamilton, ON

Ontrac Equipment Services Inc.......................................6Mississauga, ON

EXCAVATINGOntario Excavac ..........................................................26Milton, ON

FUELS & LUBRICANTSR. Kidd Fuels Corp.......................................................26Etobicoke, ON

GROUNDWATER CONTROLAtlas Corporation (The) .......................Outside Back CoverConcord, ON

HEAVY EQUIPMENT SUPPLIERSToromont Cat........................................Inside Front CoverConcord, ON

Buyers’ Guide & Trade ListMARINE CONTRACTORSMcNally Construction Inc. ..............................................8Hamilton, ON

PIPE SUPPLIERSHanson Pipe & Products Cda. Inc. ................................10Cambridge, ON

Ideal Pipe....................................................................14London, ON

Royal Pipe Systems .....................................................11Woodbridge, ON

POLYETHYLENE PIPE SYSTEMSSandale Utility .............................................................25

PRECAST CONCRETE PRODUCTSAnchor Concrete Products Ltd......................................13Kingston, ON

M-Con Products Inc.......................................................8Carp, ON

PRECAST STRUCTURESAnchor Concrete Products Ltd......................................13Kingston, ON

PRE-CONDITION SURVEYSOza Inspections Ltd. ....................................................26Grimsby, ON

PUMPSITT FLYGT .....................................................................4Point Claire, QC

SEISMOGRAPH MANUFACTURERSOza Inspections Ltd. ....................................................26Grimsby, ON

SEWER & DRAIN INSPECTIONEye-View Drain Services Ltd.........................................20Bolton, ON

Sandale Utility Products• Specializing in sizes " to 54" for gas, water, sewer and industrial

applications

• Sandale Utility Products is a distributor for Performance Pipe (formallyPhillips Driscopipe & Plexco/Chevron) polyethylene pipe and fittings

Distributor for:

• McElroy Fusion Technologies Inc. fusion equipment sales and rentals

• Perfection risers and transition fittings

• Footage pipe accessories such as squeeze-off tools, pull heads, socket andsidewall fusion equipment and pipe cutters

• Pietro Fiorentini valves, measurement equipment, pressure control productsand gas conditioning equipment.

POLYETHYLENE PIPE SPECIALISTS

If you have any inquiries please contact us at:

ALBERTA ONTARIO QUEBEC ATLANTIC CANADATel.: (403) 720-0288 Tel.: (519) 754-1366 Tel.: (450) 699-9819 Tel.: (902) 468-2020Fax: (403) 720-0020 Fax: (519) 754-4576 Fax: (450) 699-8906 Fax: (902) 468-1951

12


SHORINGDirect Equipment Ltd. ..................................................24Oakville, ON


STORAGE TANKS & RESERVOIRSAnchor Concrete Products Ltd......................................13Kingston, ON

SURETY BONDSSt. Paul Guarantee Insurance Company ........................17Toronto, ON

Stevenson & Hunt Insurance Brokers Ltd. .....................24London, ON

The Guarantee Company of North America....................25North York, ON

TRAFFIC CONTROL PRODUCTSAnchor Concrete Products Ltd......................................13Kingston, ON

Beacon Lite Ltd. ..........................................................17Ottawa, ON

Stinson Equipment Ltd.................................................18Concord, ON

TRENCH BOXESDirect Equipment Ltd. ..................................................24Oakville, ON


TUNNELING CONTRACTORS & ENGINEERSMcNally Construction Inc. ..............................................8Hamilton, ON

UTILITY LOCATING & MAPPING SERVICESMultiview Locates, Inc..................................................11Mississauga, ON

VACUUM EXCAVATINGOntario Excavac ..........................................................26Milton, ON

VIBRATION & NOISE CONSULTANTSOza Inspections Ltd. ....................................................26Grimsby, ON

VIDEO PIPELINE INSPECTION EQUIPMENT &SOFTWARECues Inc. ....................................................................18Mississauga, ON

WATERJETTING & INDUSTRIAL VACUUMINGAquablast Corp. ............................................................8Ajax, ON

WATERWORKS PRODUCTS SUPPLIERSCrowle Fittings & Supply Ltd. .......................................16Brampton, ON

Wamco Supply Inc.......................................................24Maple, ON

R Kidd Fuels Corp.

Call (416) 741-2343 Fax (416) 741-7479

1741 Albion Road, Etobicoke, ON

Ask your John Deere Construction & Forestry Dealerabout easy finance solutions with John Deere Credit

1001 Champlain Avenue, Suite 401Burlington, ON L7L [email protected]

ONTARIO

EXCAVACVacuum Excavating Specialists

The ‘No Dig’ Approach to Excavating

Specialists in water curb box replacements,trenching and utility poles

Contact: Phil LaflecheTel.: 416-749-0005 Fax: 416-749-8656

OPSD PRECAST HEADWALLS804.02 Footing Type804.03 Flat Type804.04 V Type804.05 Grates980.101 Railings

PRE-CONDITION SURVEYSSEISMOGRAPH MANUFACTURERS

NOISE & VIBRATION CONSULTANTSFORENSIC/CLAIMS INVESTIGATIONS

Phone: 1-800-667-8263 E-mail: [email protected]: 905-945-3942 Web: www.ozagroup.com

Building Things That Matter

Aecon Utilities Aecon Construction& Materials

11 Indell Lane Tel.: 905-451-0690Brampton, Ontario Fax: 905-454-5994Canada L6T 3Y3 www.aecon.com

Head Office:Guelph, Ontario, Canada (519) 763-2360 Toll Free 1 (800) 265-9391Visit us at our web site: www.armtec.comOntario Sales Offices: Toronto 905-738-3172, Peterborough 800-363-5047, London 519-661-0049, Thunder Bay 807-939-2601, Sudbury 800-315-2720, Chesterville 613-448-2314, Comber 519-687-2338, Forest 519-786-5742, Orangeville 800-265-2446

CSA G401BNQ 3311-100

ASTM A929

CSA G401BNQ 3311-100

ASTM A929

CSA G401ASTM A929/A762

CSA B182.6/B182.8*BNQ 3624-110,

115, 120

Aluminized Type 2Steel Pipe

CorrugatedTRENCHCOAT®

Steel Pipe

High DensityPolyethylene Pipe

GalvanizedCorrugatedSteel Pipe

* CSA certification available on all diameters100 mm - 750 mm (water tight coupling system)

900 mm (soil tight coupling system)

ATLAS DEWATERING

Atlas Bypass Pumping ServicesAtlas Bypass Pumping Servicesfor the Construction IndustryIncludes:

❚ Over 50 Years’ Experience in the Pumping Business❚ Reliable Pump Rentals and Sales❚ Large Inventory of Rental Equipment❚ Complete Turn Key Contracts❚ Diesel or Electric Pumps

Other Services Provided Include:

❚ Vacuum Wellpoint Dewatering Systems❚ Vacuum Eductor Well Dewatering Systems❚ Gravity and Vacuum Well Dewatering Systems❚ Dual Phase Extraction Systems❚ Groundwater Treatment Systems❚ Geotechnical and Environmental Drilling Services❚ Sediment/Weir Tanks❚ Oil/Water Separators

ATLAS DEWATERING111 Ortona Court - Concord, Ontario, Canada L4K 3M3

Phone: 905-669-6825 • Toll Free Phone: 1-877-669-6825 • Facsimile 905-669-4036

Website: www.atlasdewatering.com • E-mail: [email protected]

Documents

e Undergrounder - OSWCA