Labour and Training Standards
To maintain standards of quality for trades people in the construction industry, BCCA supports an efficient system of apprenticeship training that meets the needs of the industry.
Corporate Social Responsibility
BCCA recognizes that corporate social responsibility (CSR) is a rapidly evolving issue and affects companies differently depending on their size, location and specialization. BCCA recognizes the importance of CSR, and encourages companies to voluntarily undertake initiatives that enable them to operate in an economically, socially and environmentally sustainable manner.
The BCCA encourages members of the equity target groups to enter career employment in non-traditional occupations within the construction industry, and urges construction employers to voluntarily make a special effort to ensure there are no barriers to the employment of these target groups. The Association is opposed to compulsory programs of employment equity including any systems of quotas.
Employment Standards Act
To ensure the ability of the British Columbia construction industry to remain competitive, Employment Standards legislations must achieve a reasonable balance between social objectives and the cost of meeting the standards that achieve those objectives.
BCCA opposes legislated wages at any level of government that are targeted specifically at the construction industry.
To ensure effective representation of the construction industry on matters related to labour legislation and regulations, the positions taken by the BCCA will be the result of consultation with all relevant sectors.
Minority Preferences And Set-aside Programs
The BC Construction Association strongly endorses the principle that neither the sex, race, religion, nor geographic domicile within the Province of the principal owners of a firm, its employees, or labour force, should be a consideration in the procurement of construction materials or services. Furthermore, the Association vigorously opposes any procurement practice or program, which seeks to confer exclusive bidding rights to firms based upon any of the foregoing characteristics.
The BCCA believes that the existing (1995) Human Rights legislation is the appropriate vehicle for dealing with pay equity issues.
Unpaid Or Subsidized Workers
In order to maintain equitable tendering practices and to ensure the specified quality of workmanship, with the exception of persons employed as part of a job training or educational program, the BC Construction Association does not support the use of non-paid workers, workers receiving alternate compensation, or workers who are part of workfare programs, for the construction of public capital facilities.
In circumstances where these workers are to be used, full disclosure of all relevant information must be made available to all bidders in advance of the call for tenders.
Use Of Owner Forces
- BCCA promotes the use by government of the private sector for construction and engineering services, as this practice serves to develop more private sector capability.
- BCCA recognizes an owner's need for minor maintenance/emergency staff, but supports all capital projects being competitively tendered.
- BCCA opposes government-owned or controlled entities competing for construction contracts.
- BCCA opposes the government's practice of supporting crown corporations that compete with the private sector.
BCCA supports the maintenance of a safe and healthy workplace and supports the construction safety measures referred to in Part VIII of the National Building Code of Canada as the minimum safety standard in Canada for construction work.
Workers Compensation Board
BCCA supports the active involvement of BCCA and the BCCA/Council of Construction Associations in all matters related to WCB legislation and regulations.
Coordination Of Building Codes
BCCA supports the rationalization and province-wide standardization of building codes. The BCCA believes that building codes should deal exclusively with issues of building standards for public health and safety, and should exclude social policy objectives.
BCCA believes that environmental regulations should be required only when there is a clear and demonstrable public policy objective. In an effort to limit regulations, environmental regulations impacting the construction industry should be implemented in consultation with BCCA.
Freedom Of Enterprise
BCCA supports an economic and political system based on individual freedom and the competitive free enterprise system.
BCCA supports the Lien Legislation and endorses a recurring evaluation to ensure that it meets the needs of the industry and inherent objectives of the Act.
BCCA believes that regulations should be used only when there is a clear and demonstrable public policy objective where operational and economic impacts are outweighed by the objective.
BCCA opposes the imposition of corporate and other capital taxes.
Construction contracts for work in British Columbia include provisions that ensure all bidders comply with provincial taxation regulations.
BCCA supports an industry driven program for the accreditation of contractors for the purpose of supporting and maintaining acceptable standards of industry practices.
On public funded projects of $100,000 or more a contractor's ability to bid is determined solely by the bidder's capability to provide bonding. A clause requiring a bidder to submit details of their experience or financial status in the bid documents should not be included. BCCA believes that all qualified firms, without limiting the number of bidders, should be permitted to bid on publicly funded projects of $100,000 or more, and that on such projects bidders' lists should not be restricted to an "invited" list. If the contract is awarded, it is awarded to the lowest compliant bidder.
BCCA and its regional associations recognize the need for Pre-qualification in limited circumstances. Generally the ability of the Contractor to secure the necessary bonds is the sole criteria by which Contractors should be pre-qualified. Where it is deemed through the use of the Pre-Qualification Best Practice Checklist* that a pre-qualification is appropriate, the use of the CCDC 29 A Guide to Pre-qualification should be implemented to ensure a fair, open and transparent pre-qualification process, for General Contractors and Trade Contractors.
*Source: Recommended Best Practices for Pre-Qualification for Selection of General Contractors and Consulting Services. Source: http://www.fin.gov.bc.ca/tbs/camf.htm Copyright 2016 Province of British Columbia. Reproduced with permission.
Construction Contract Administration
Where there are deficiencies, the consultant should provide the contractor with a complete and concise list to enable completion by a mutually accepted date. Funds held back for deficiencies should be based on the value of the outstanding work and should not exceed two times said value.
Markups To Changes Of The Work
BCCA endorses the standard markups for Overhead and Profit for changes to the work as defined in CCA16 Guidelines For Determining The Costs Associated With Performing Changes In The Work; 20% on the GC's own work and 15% on the trade contractors work.
BCCA recognizes the impact the construction industry has upon the comfort, well-being and safety of the public at large. This recognition imposes an obligation of professional responsibility and cooperation with one another and our clients. The BCCA's Code of Ethics is as follows:
Equality: BCCA volunteers and staff shall treat all BCCA members equally and fairly regardless of industry sector, geographic region or business size or affiliation and shall not show any preference or favoritism to one to the detriment of another.
Impartiality: BCCA’s decision and policy-making process strives to serve the interests of the entire industry as opposed to a particular sector or region. BCCA volunteers and staff shall not promote the interests of one sector or region of the industry to the obvious detriment of another.
Objectivity: BCCA volunteers shall disclose any self-interest or other factor that could be construed as influencing their decision-making.
Gifts, Favours: BCCA staff shall disclose to the BCCA Chief Operating Officer any gift or favour provided to them by a BCCA member or supplier that might in any way be perceived as intended to influence a decision to use a particular supplier or to assist a particular member.
Provincial Scope: BCCA is a provincial association whose mandate is clearly the Province of BC realm. BCCA volunteers and staff shall confine their views and lobby efforts to the provincial level unless specifically requested by a Member Association to assist it in a local initiative.
Consistency: BCCA volunteers and staff shall ensure that any opinions expressed on BCCA’s behalf are consistent with well-recognized BCCA policies and positions and are not personal opinions or beliefs unless clearly identified as such.
Credibility: BCCA volunteers and staff shall at all times strive to ensure that the information and data they use is up-to-date and accurate.
Confidentiality: BCCA volunteers and staff shall treat all sensitive material derived as a result of their activities with BCCA with the utmost confidentiality.
Discrimination and Harassment: BCCA is committed to providing its employees with a work environment free of discrimination and harassment and has a firm policy and procedure in place to ensure no employee is subjected to discriminatory practices or harassment.
"The following Model Code of Ethics has been developed by BCCA (based on a similar model from CCA) for use by industry. The purpose of this Model Code is to provide a template or starting point for a construction firm wishing to develop its own Code of Ethics. BCCA recommends that firms wishing to adopt or adapt this Code as their own or to add portions of it to their existing Codes consult their legal advisors as part of that process."
Code of Ethics for <Insert firm name>
Honestyand Integrity. <Insert firm name> serves its customers and treats its competitors, subcontractors and suppliers with honesty and integrity.
Competition. <Insert firm name> competes fairly for contracts, avoiding any practice that might be construed to be in violation of the letter or spirit of federal or provincial competition or unfair business practices legislation. The firm does not seek nor accept information concerning a competitor’s bid prior to bid closing nor does it attempt to modify its price after the bid closing. The firm avoids any activity that could be construed as *bid shopping, a **reverse bid auction or ***bid peddling.
Qualifications. <Insert firm name> seeks to perform contracts only for projects for which the firm has the technical competence and experience. The firm does not accept contracts for which it is not qualified. The firm assigns staff to projects in accordance with their qualifications and commensurate with the demands of the services to be provided under the contract.
Standards of Practice. <Insert firm name> provides materials and services in a manner consistent with the established and accepted standards of the construction industry and with the laws and regulations that govern it including the use of standard industry documents wherever feasible. The firm performs its contracts with competence, reasonable care and diligence. The firm establishes prices that are commensurate with its services.
Conflicts of Interest. <Insert firm name> endeavours to avoid conflicts of interest, both corporate and individual. Where a corporate conflict exists, <Insert firm name> will disclose such conflict to its customer or prospective customer. <Insert firm name> regularly educates its staff about personal conflicts of interest and has established a procedure for internal disclosure.
Safety. <Insert firm name> assures that the safety of its employees, the employees of others on the job site, and the general public at large, is given the highest priority in all aspects of the firm’s activities. <Insert firm name> will strive to provide its employees with the proper training and education required to enable the company to meet the stated goals of a safe workplace.
Environment /Sustainability. <Insert firm name> will endeavour to promote sustainable building practices and environmental considerations in all its operations and in the services it provides to its >clients. <Insert firm name> will strive to provide its employees with the proper training and education required to enable the company to meet the stated goals of a more sustainable built environment and more environmentally friendly business practices.
Service Providers and Suppliers. <Insert firm name> treats its service providers and suppliers in an equitable manner, avoiding any activity that could be construed as *bid shopping, a **reverse bid auction or ***bid peddling. It assures that they are advised as soon as it is reasonable subsequent to bid closing as to whether or not their bid was successful. The firm awards contracts with dispatch to the successful bidder at the bid price. The firm provides clear direction and prompt payment for service provided.
Employees. <Insert firm name> complies with the letter and spirit of laws relating to working conditions. The firm does not knowingly violate any law or regulation dealing with employment standards. It is committed to providing its employees with a work environment free of harassment and discrimination and has internal policies and procedures to deal with complaints and to enforce its policies.
Financial Disclosure. <Insert firm name> strives to ensure that all financial information provided to its principals, partners, shareholders, lending institutions, bonding and, insurance providers, and the general public where so provided, is an accurate and true representation of the firm’s financial status.
Public Information. <Insert firm name> assures that all public statements and disclosures it makes are truthful. The firm also protects the proprietary interests of its customers.
Compliance with Laws. <Insert firm name> does not knowingly violate any law or regulation.
Image of the Construction Industry. <Insert firm name> avoids actions that promote its own self-interest at the expense of the construction industry and upholds the standards of the construction industry with honour and dignity.
Internal Procedures. <Insert name of firm> has established internal procedures under which its failure to conform to the above practices will be handled. Each year, the firm reviews this Code of Ethics and its internal procedures with each of its employees. If an employee, customer or other individual becomes aware of a circumstance in which <Insert firm name> or an employee of the firm fails to conform to the above standards, he/she should immediately report such circumstance to <insert name & title of individual>. <title> will initiate an investigation of and otherwise resolve the reported.