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Deciphering contractual acceptance

By Taylor Moroz and Troy Baril, Procido LLP

Contracts. The magical world where handshakes can legally bind people and emojis carry the weight to impact a party’s financial obligations. Before one can fully appreciate contracts, and more specifically the act of accepting a contract, it is necessary to understand what a contract is. Fundamentally, contracts require three components: an offer, acceptance and consideration.

The advent of technological breakthroughs has ushered in a new era of challenges for the three foundational components of contract law, demanding innovative and unconventional thinking for effective adaptation. Artificial intelligence, biometrics and virtual reality have the power to significantly reshape the landscape of contract law. 

Offer

An offer is the spark that starts the magic. It is the first piece of the three-piece puzzle to create a contract. The utility of an offer lies in its specificity. Offers should outline essential terms in a contract, such as price, quantity and conditions, all of which aid in creating a roadmap for the parties to follow. When an offer is before a party, they can accept, decline, propose modifications, or abstain from responding. 

At the offer stage, parties contemplate bringing a contract into existence. However, an offer alone is not enough for one to leverage the power of the legal system against another. The creation of a contract is a three-part affair, and acceptance and consideration will be necessary for this contract to make it into the realm of legally-binding existence.

Acceptance

Contractual acceptance is the act of agreeing to be legally bound by an agreement based on the offer of another party. Acceptance is a crucial component of a contract –  the contract cannot become legally binding without acceptance.

Acceptance crystalizes the party’s intent to engage in legally-binding commitments. The acceptance of a contract solidifies preliminary negotiations into a valid agreement, affirming the mutual consent of both parties. 

The use of an emoji to accept a contract is the tip of the iceberg of how contract law is going to have to adapt to survive the digital renaissance.

Consideration

Consideration is the third vital element in the formation of a contract. Consideration in contract law is the exchange of value between parties, serving as the final legal glue that binds the parties. Reciprocity is crucial to demonstrating consideration. There needs to be an exchange of value, whether that comes in the form of money, a promise or a tangible item. The idea that one is being exchanged for another is essential to demonstrating valid consideration and sustaining the existence of a newly-formed contract.

Is a thumbs-up emoji legal acceptance of a contract?

While traditional methods for contractual acceptance are generally used, such as a handshake, signature or verbal confirmation, contract law has had to jarringly adapt to accommodate the current digital revolution. An example of this is the case South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, where an emoji was held to legally bind a farmer to pay $61,442 for an unfulfilled contract.

Justice Keene of the Court of King’s Bench in Saskatchewan heard this matter concerning a grain buyer, South West Terminal Ltd., who sent a mass text to clients seeking to purchase 87 tonnes of flax at a price $669.26 per tonne. The buyer spoke to the farmer and sent a picture of a contract with the message “please confirm flax contract.” The farmer responded with a thumbs-up emoji but failed to deliver the flax as per the “contract.”

The farmer argued the thumbs-up emoji only indicated he had received the contract and not that he was accepting it. Accepting a contract should be done with clear indications, conveying the consent of the contracting parties. Ambiguity is best resolved earlier in the process, which clearly is not always the case.

In this case, Justice Keene found the following: “This court readily acknowledges that a thumbs-up emoji is a non-
traditional means to ‘sign’ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a ‘signature.’”

Just like that, the courts now recognize a thumbs-up emoji as a valid way of accepting contracts.

What will “acceptance” look like moving forward? 

The use of an emoji to accept a contract is the tip of the iceberg of how contract law is going to have to adapt to survive the digital renaissance. Technology is going to stretch the confines of the historically slow-moving and adapting area of contract law, specifically AI, biometrics and VR.

Virtual reality

As Justice Keene has considered and allowed emojis to constitute contractual acceptance, there is now a higher degree of likelihood that contracts signed in a virtual space could have the capacity to become valid and legally binding contracts. 

While these immersive technologies promise unparalleled experiences, their integration into the realm of contractual acceptance raises a plethora of legal concerns. As we step into the virtual frontier, the legal community must grapple with the implications of VR and augmented reality on the formation and acceptance
of contracts.

VR and AR technologies redefine the boundaries between the physical and virtual worlds. In the context of contractual acceptance, the challenge lies in determining the equivalence of actions performed in these immersive environments to traditional forms of acceptance. The legal community must ask: can a nod or gesture in VR be as legally binding as a written signature in the physical world?

One of the core concerns revolves around the authentication and verification of parties in virtual and augmented spaces. How can the legal system ensure the actions undertaken by avatars accurately reflect the intentions of the purported real-world individual behind them? Establishing the authenticity and authority of these virtual identities becomes a pivotal task in determining the valid legal acceptance of contracts within these environments.

Balancing the promise of innovation with the need for legal clarity will be essential to ensure contractual relationships formed in the virtual realm are robust, secure and aligned with established legal principles. 

Biometrics

Biometrics could very easily be incorporated into contract law. Contracts could be signed through facial scans and fingerprint scans in the not-too-distant future. Various concerns stem from this. Would the use of biometrics result in an increase in piracy and identity theft? Would the acceptance of facial scans and fingerprints lead to more contracts being “accidentally accepted,” similarly to what was argued by the defendants in South West? 

The integration of biometric authentication into contractual acceptance introduces concerns about the sensitivity and security of biometric data. Legal frameworks will need to address issues related to consent, storage and potential misuse of biometric information in the context of contractual relationships. 

Automated systems and AI

As ChatGPT has bulldozed its way into popular culture and schools have struggled to react to the advent of AI-generated essays, contract law, as it exists today, could find itself ill-equipped to deal with AI. 

In the near future, AI may function as an autopilot, guiding users through their online experiences and automatically accepting boilerplate contracts to streamline access to content. This raises a fundamental question: is an AI capable of accepting contracts on behalf of its individual user, and would AI accepting such a contract be considered true legally binding acceptance?

This scenario poses unique challenges for Canadian contract law, which has recently grappled with issues related to the significant power imbalances between large corporate entities like Facebook or Uber and individual users. The enforceability of boilerplate contracts has been called into question based on these power disparities. With the removal of a human component in accepting these terms of service or other boilerplate contracts necessary to use popular websites, this could lead to boilerplate contracts becoming entirely unenforceable.

With our legal system now recognizing an emoji as a valid form of acceptance, it becomes uncertain whether AI-assisted web browsing, acting as a proxy for users in accepting contracts, would be exempt from the principles of contractual acceptance.

As technology continues to redefine the boundaries of traditional legal concepts, individuals and corporations may find themselves, grappling with novel questions about the nature of contractual acceptance in a world increasingly influenced by AI.

Conclusion

The court’s adoption of emojis as a valid form of contractual acceptance marks the dawn of a new era in the evolution of contract law. Embracing these digital symbols as legitimate expressions of intent expands the traditional boundaries of how contractual offers are extended, accepted and the consideration that underpins them. This shift not only broadens the avenues for formalizing agreements but also invites a broader conversation on how technology and contemporary modes of expression can influence the very essence of contractual relationships. 

As technology continues to advance, contract law will inevitably face novel challenges and opportunities. Legal frameworks will need to adapt to ensure the principles of contract law can address the intricacies introduced by emerging technologies.

Businesses, corporations and individuals will have to take proactive measures in response to these technological advances. Parties will have to alter how they draft and interpret contracts, as well as keep up to date on technological advances to understand, interpret and ultimately enforce contracts moving forward. Failing to stay up to date on how contract law evolves with these technological advances could lead to unintended consequences, possibly surfacing as an innocuous emoji causing unexpected and legally binding contractual obligations.  

Procido LLP is a law firm that prides itself on its tech savviness. Procido LLP’s technology, intellectual property, corporate/commercial, privacy, and contract experts are uniquely positioned to assist clients with their future legal concerns.

Disclaimer: This publication is provided as an information service and may include items reported from other sources. We do not warrant its accuracy. This information is not meant as legal opinion or advice. Contact Procido LLP (www.procido.com) if you require legal advice on the topics discussed in this article.

A panel discussion from the SHCA 2023 Infrastructure Summit

By Martin Charlton Communications

There is growing pressure on the federal government ahead of its next budget to recognize the need to plan and invest in trade infrastructure to grow Canada’s economy. 

Advocacy work initiated by the Western Canada Roadbuilders & Heavy Construction Association (WCR&HCA) has strong momentum. Several national groups dedicated to trade, business, construction, manufacturing and more joined it to form a coalition that is pressing politicians across the country to take this need seriously. Premiers of provincial and territorial governments have confirmed they are on board. 

That need for planning and investment and the effort to have it recognized by the federal government was discussed during a panel discussion held the first day of the SHCA 2023 Infrastructure Summit & Trade Show. Titled  “How Trade and Transportation Infrastructure Intersect in Canada’s Economic Growth Strategy,” the panel brought together representatives of some of those groups in the coalition – John Law, senior fellow with Canada West Foundation and co-author of From Shovel Ready to Shovel Worthy: The Path to a National Trade Infrastructure Plan for the Next Generation of Economic Growth, Mary Van Buren, president of the Canadian Construction Association (CCA) and Chris Lorenc, president of the WCR&HCA. They were joined by two deputy ministers from the Saskatchewan government, Kyle Toffan of the Ministry of Highways and Jodi Banks of the Ministry of Trade and Export.

Opening and moderating the panel was Gary Mar, president of Canada West Foundation. He says broadly speaking there is infrastructure Canadians want, such as parks. There is infrastructure Canadians need, which includes hospitals and schools. Then there is infrastructure that creates wealth that allows a country to be able to afford the other types of infrastructure. 

Two-thirds of Canada’s GDP depends on trade, which relies on trade and transportation infrastructure. Mar says this reality is not lost on Canada’s premiers. What Canadians produce must be moved to ports to be shipped out of country for Canada to be able to participate in trade. 

The important role trade infrastructure plays in Canada’s economy and its future growth is expressed in the Shovel Ready to Shovel Worthy report authored by Law. In his brief overview of the report, he explained that Canada depends on road, rails, airports, bridges and other forms of trade infrastructure to get products to market. 

“Every country needs good quality trade and transportation infrastructure, but it matters more for Canada,” said Law. “It matters to the extent of being three times more important to Canada from a GDP perspective than it is for the United States, for example, who are not only our major trading partner, but also our major competitor.”

Working together is necessary when advocating for change, Lorenc says, citing a proverb that says, “If you want to go fast, go alone, but if you want to go far, go together.”

The U.S. has paid significant attention to its infrastructure with the Infrastructure Investment and Jobs Act being passed, which the White House calls a “once-in-a-generation investment in our nation’s infrastructure and competitiveness.” This legislation will drive forward the rebuilding of American roads, bridges and rails, strengthening supply chains by improving the country’s ports, airports, rails and roads to grow its economy “sustainably and equitably.”  Law says that level of attention and investment is being made by other countries Canada competes against in trade as well.

“Our argument in the Shovel Ready report is that we need something that is not simply focussed on short-term, but rather is a long-term permanent solution for how we do this,” said Law. 

Housing is the federal government’s current infrastructure priority, as evidenced by its 2023 Fall Economic Statement, Van Buren says. There are plans in motion to change the federal Department of Infrastructure to the Department of Housing, Infrastructure and Communities, which Van Buren says is a “very strong signal” of the Liberal government’s focus. She says there is acknowledgement of the civil infrastructure that must be developed to support new housing, but she says there is a need to advocate for the federal government to recognize that trade-enabling infrastructure is a benefit to all Canadians. 

“No matter where you are in Canada, goods and services have to move out and we also need them to come in,” said Van Buren. “We’re working hard [with the other organizations] to make sure that trade-enabling infrastructure is on the table. We want a balanced approach. 

“We can’t just put all of our money now into housing. We have to also look at trade-enabling infrastructure as well as community infrastructure.”

Banks and Toffan spoke about Saskatchewan’s focus on trade and transportation, with Banks highlighting the Saskatchewan Growth Plan and the work being done by her ministry to tell Saskatchewan’s story to the world and encourage trade to strengthen the provincial economy. 

“We have a huge amount of gross domestic product that depends on trade infrastructure,” said Toffan. “Saskatchewan has been doing about $37 billion in trade a year through and we have targets to grow that. That means more transportation infrastructure, not less.”

He outlined the challenges and opportunities from the perspective of the Ministry of Highways, including reduced federal funding of infrastructure, strained capacity in all areas of the supply chain to develop more infrastructure, rising costs due to inflation, the impact of carbon tax and insufficient national trade and transportation planning, as well as geopolitical considerations that can impact the quantity of resources, such as potash, that are needed by other nations. 

“These investments are being
made for our kids, our grandkids, and our great grandkids, no different than the investments made in the 1800s and early 1900s.”

– Kyle Toffan, Ministry of Highways

Toffan also touched upon the memorandum of understanding (MOU) on economic borders signed by Saskatchewan, Alberta and Manitoba in April 2022. The key priorities of the three provinces are planning, investment and partnership opportunities with the private sector as well as harmonizing the regulatory environment, but elections held in Alberta and Manitoba since the signing have significantly slowed progress. 

Advocating for federal investment into economic corridors is another priority. 

“If Alberta, Saskatchewan and Manitoba can find three or four quick wins, some really big-ticket items that need investment, we’ll have a much better chance at getting investment than if we went at it alone, so we are trying to figure out a way to coordinate that as well,” said Toffan. 

He says some judge major investments in infrastructure projects that are expected to serve the province for 100 years after just two to three years of operation, which is short-sighted.

“These investments are being made for our kids, our grandkids, and our great grandkids, no different than the investments made in the 1800s and early 1900s,” said Toffan. “We have to think differently about these investments. They are nation-building and they have the opportunity to unlock all kinds of economic potential.”

Working together is necessary when advocating for change, Lorenc says, citing a proverb that says, “If you want to go fast, go alone, but if you want to go far, go together.” He says the three provinces signing the MOU is an important example of that. 

Successful advocacy work includes patience, principles, commitment, a stated purpose and resources. It is also important to understand your audience and harness public opinion. The message you deliver must be tailored to meet their needs, Lorenc says, otherwise they have very little appetite to listen. Going where voters are and gently persuading them to see your point of view is also necessary. 

Getting to this point of a coalition of like-minded organizations coming together to deliver a shared message to politicians, and having the Canada Trade Infrastructure Plan (CTIP) developed to present them, has taken about four years of advocacy work. It started when representatives of the WCR&HCA met with Van Buren to discuss the need for research related to trade and transportation. That is when Canada West Foundation was approached about developing a report, which Law authored. It was released in May 2022. 

The next groups to be approached were the Business Council of Canada, Canadian Chamber of Commerce and the Canadian Manufacturers & Exporters. They were asked to be part of a nation-building exercise that recognizes that two-thirds of Canada’s GDP is trade dependent and that three billion jobs coast to coast are sustained by this trade activity. It was pointed out that Canada’s reputation as a trading partner has fallen and needs repair to ensure Canada stays competitive and is viewed as a reliable trading partner. As a nation, Canada produces more than it consumes, and it must be moved to market. All of those principles along with the contents of Law’s report were used to develop CTIP.

CTIP urges the Council of the Federation to pursue a federally-leveraged, nation-
building plan to revitalize Canada’s trade-enabling infrastructure to support sustained economic growth and expand and diversify Canada’s global trade profile.  It says Canada should adopt globally recognised best practices and harness recommendations flowing from the Shovel Ready report to “usher in an era of long-term, predictable and high-value investments in Canada’s trade infrastructure.”

The process of getting this plan to the federal government began in January 2023 with a meeting with then-premier of Manitoba, Heather Stefanson, who was serving as chair of the Council of the Federation, which is made up of all 13 provincial and territorial premiers in Canada. She was presented CTIP and asked to support and champion it at a July meeting of the council. She agreed to that request.

At that July meeting, there was unanimous support for CTIP from the premiers who explicitly endorsed its principles. They urged Prime Minister Justin Trudeau to convene a First Ministers’ Meeting dedicated to the linked priorities of competitiveness and strategic infrastructure. The next premier to take over as chair of the council was Nova Scotia premier Tim Houston, who sent a letter in August to Trudeau reminding him of that request. It was again repeated in fall 2023. 

At the same time, meetings have been held with federal opinion leaders, deputy ministers and assistant deputy ministers across the country, organized and led by the coalition of organizations behind CTIP (Business Council of Canada, Canada West Foundation, Canadian Chamber of Commerce, CCA, Canadian Manufacturers & Exporters, Civil Infrastructure Council Corporation and the WCR&HCA).

Lorenc says the objective of those meetings is to push for the 2024 federal budget to include an announcement of an investment that is sustained, predictable, incremental and driven through a lens of the return on investment to the GDP and nation-
building.. This would not be an investment based on per capita requirements, but rather one that looks at what the country needs to develop and enhance a strategic trade-enabling infrastructure network that will result in growth and wealth generation. 

“That is advocacy at work. No single entity can do it on its own,” said Lorenc. “Saskatchewan can’t do what you heard the deputy minister speak to on its own. It has an MOU with two colleague provinces. Western premiers can’t do it individually. They meet as Western premiers. Provincial and territorial premiers can’t do it individually on their own. They do it through the Council of the Federation. Heavy construction associations, business organizations, manufacturers and exporters, rail, air, you pick your industry, can’t do it on their own, but together we can go further make a significant contribution to building this country. That’s what this advocacy is all about.” 

Sharing news that SHCA members need to know

Mary Van Buren announces her spring departure from the Canadian Construction Association

After six successful years as the president of the Canadian Construction Association (CCA), Mary Van Buren has announced that she will be leaving the association in the spring of 2024.

As the first female president in the association’s long history, she has guided CCA into a new era that is digital first and inclusive. Her focus on modernization was critical in CCA’s ability to navigate the COVID-19 pandemic, while advocating on behalf of the industry and continuing to deliver member value in the face of a global crisis.

Under her leadership, CCA has developed an expanded focus on innovation and best practices and is currently piloting a digital contract service which will roll out in early 2024.

One of the most significant achievements of her tenure has been the review of CCA’s governance model, and the restructuring that allowed the association to be nimbler in addressing member issues. Working closely with the board of directors as well as the governance and nominating committee, Van Buren’s commitment to governance effectiveness has seen the consistent evolution of the model and led to CCA receiving the Governance Award from the Governance Professionals of Canada in 2023. 

While her impact on the association is evident, her unwavering commitment to engagement stands as the bedrock of her success at CCA. Through her steadfast dedication to collaboration, she has strengthened the relationship with CCA’s 62 partner associations and developed new strategic partnerships that have not only delivered more value to CCA’s 18,000 member firms but also elevated the profile for the national construction industry.

“The construction industry is essential to Canada’s economic success and quality of life, yet it doesn’t always get the credit it deserves,” said Van Buren. “I am so proud to have brought more attention to an industry that has such a profound impact on our country and affects positive change in our communities every day.”

2023 Fall Economic Statement lacks concrete actions

The 2023 Fall Economic Statement, released near the end of November 2023, focused heavily on necessary housing investment, but fell short in other important areas including measures to shore up Canada’s trade-enabling infrastructure. Approximately two-thirds of Canada’s GDP is from trade, yet the statement remained silent on bolstering Canada’s trade network, which pays for the social infrastructure Saskatchewan enjoys.

The announcement to leverage the Canada Infrastructure Bank to support more housing may finally recognize the fact that more homes cannot be built without the essential housing-enabling infrastructure to support it – a position the industry has repeatedly emphasized to all orders of government. Details on these necessary investments are missing. The industry is expecting to see a long-term, comprehensive infrastructure investment plan in the federal government’s 2024 Budget.

The industry is encouraged that the federal government recognizes the workforce shortage, yet a focus on internal labour mobility rather than more progressive policy changes to immigration are not the answer. Free mobility within Canada is simply not an adequate solution to address the workforce shortage when collectively, Canada does not have enough workers coast to coast. This is why the industry is calling on the government to help address the workforce shortage by overhauling immigration to attract labour from abroad.

Finally, while the commitment to getting major projects built faster is positive, implementation will rely in part on the government’s willingness to review and modernize their procurement practices. This includes considering alternative delivery models and better balancing risk between owners and contractors.

The Canadian construction industry will continue to partner with government to build a strong foundation for a stronger Canada.

Saskatchewan delivers success with mission to Philippines and Singapore

Saskatchewan’s mission to the Philippines and Singapore has concluded with outcomes that exceed expectations. The employer-driven
labour recruitment mission to Manila included 26 Saskatchewan employers and resulted in over 1,000 anticipated nominations for permanent residency through the Saskatchewan Immigrant Nominee Program (SINP) in occupations in demand in the province. 

“The number one labour market challenge that employers have been having in the past 18 months is a critical shortage of labour across all sectors,” Trade and Export Development and Immigration and Career Training Minister Jeremy Harrison said. “The first priority is always to make sure Saskatchewan residents have the first opportunity, but that has just not been enough lately with over 15,000 jobs posted on the SaskJobs website today and the second lowest unemployment rate in Canada speaking to that fact. The government has responded by partnering with businesses and organizations to engage internationally. The first mission to Poland in September largely focused on Ukrainian refugees. This was the second. 

“The success of this mission reinforces Saskatchewan’s position as a top destination for talented individuals all across the world. Saskatchewan’s commitment to attracting talent while strengthening its presence on a global scale ensures a path forward filled with more jobs, opportunities and economic growth.” 

The government will be releasing a comprehensive jobs plan to address the labour market shortage this year. 

“Working with the Government of Saskatchewan allowed us to focus on talking with welders and painters who are ready to come to Saskatchewan,” Doepker Industries HR Manager Jeff Arthur said. “We were able to interview a lot of candidates thanks to the mission’s organization and structure. Adding core people to our workforce and to our rural communities is a wonderful thing. We’re very proud of our highly skilled and dedicated team members here in Saskatchewan; when given the opportunity to expand on that strong base with skilled tradespeople from outside the province, it makes a world of difference.”  

Immigration officials from the Ministry of Immigration and Career Training held 10 information sessions about SINP and living in Saskatchewan that attracted over 500 people. Throughout the four-day event, immigration officials conducted 314 immigration interviews with SINP and Expression of Interest applicants. Attendees also had the opportunity to interview for employment positions from 26 different Saskatchewan employers who were present at the event, representing various sectors, including agriculture, community services, manufacturing and construction trades.  

Recruitment missions like this one and the one that took place earlier this year to Poland are aligned with Saskatchewan’s Growth Plan objectives of developing Saskatchewan’s labour force and engaging internationally to support the growth of the province. Saskatchewan will continue to advance international engagements to recruit more people and move forward toward reaching a population of 1.4 million people by 2030.

Saskatchewan adopts 2020 national construction codes

The Government of Saskatchewan recently adopted the 2020 editions of the national construction codes – National Building Code of Canada (NBC), National Energy Code of Canada for Buildings (NECB), and the National Plumbing Code of Canada (NPC) – which were published by the National Research Council in March 2022. The 2020 codes came into effect in Saskatchewan on Jan. 1, 2024.

The 2020 codes, adopted by regulation under the province’s Construction Codes Act, allow the construction industry, architects, engineers, building officials, municipalities and other stakeholders time to review and plan before the busy summer construction season begins. This date also allows the province to fulfill its commitment under the Canadian Free Trade Agreement to adopt national construction codes within 24 months of publication to support the harmonization and timely adoption of codes across Canada. Adoption of the codes will fulfill Saskatchewan’s commitment to Prairie Resilience and Saskatchewan’s Growth Plan.

“Our timely adoption of the national construction codes supports Saskatchewan communities by promoting safe and innovative buildings that will allow for consistency across the industry,” Government Relations Minister Don McMorris said. “These codes will improve new home builds with additional efficiency and safety measures to ensure adequate future proofing of homes for Saskatchewan families.”

Amendments to the Building Code Regulations, Energy Code Regulations and Plumbing Code Regulations came into effect Jan. 1, 2024, as a result of adopting the 2020 national construction codes.

These amendments include:

• Consolidating Saskatchewan’s four climate zones into a single climate zone to simplify requirements for the construction industry and individuals when applying energy-efficiency provisions under the NBC and NECB.  
• Establishing energy efficiency tiers for the construction of buildings which will help to support Saskatchewan’s Growth Plan to build strong communities and support our province.  
• Under the NECB, Tier 1 will apply for larger buildings.  
• Under the NBC, Tier 2 will apply for smaller buildings,
  including houses. 
• Existing buildings constructed before Jan. 1, 2019, are exempt from these energy efficiency provisions when being renovated. 
• Clarifying requirements around carbon monoxide and smoke alarms to ensure a consistent approach to enforcement.  
• Clarifying where backwater valves are required in buildings to prevent sewer backups.

Jack Brodsky named CTV Saskatoon’s 2023 Citizen of the Year

An SHCA board member was named CTV Saskatoon’s 2023 Citizen of the Year for his decades of work as a community builder who has made a difference in the lives of countless youths.

Jack Brodsky, who has lived in Saskatoon since he was four years old, is a graduate of Aden Bowman Collegiate Institute. In 1978, he became a certified engineering technologist though Saskatchewan Polytechnic.

In the following years, Brodsky learned the family construction business while also learning the importance of giving back to the community. He was a co-owner of the Saskatoon Blades from 1976 to 2013, and was instrumental in developing a scholarship program for graduating Western Hockey League players. He’s also volunteered for many organizations and has served on multiple boards.

Read the next issue of Think BIG magazine this spring to learn more about Brodsky’s commitment to the construction industry and his community.

WCB approves 2024 premium rates

The Saskatchewan Workers’ Compensation Board (WCB) has approved the 2024 average employer premium rate to remain unchanged from the 2023 rate of $1.28 per hundred dollars of payroll.

 “The primary drivers of the 2024 premium rate are claim costs and payroll,” said Gord Dobrowolsky, the WCB’s chair. “The average premium rate this year will not increase, however we are expecting total costs to continue to rise in the future. This could place upward pressure on premium rates. The WCB’s rate model ensures a balance between stable rates and a fully funded compensation system.”

 In 2022, 90 per cent of employers achieved zero injuries and zero fatalities. The WCB is working to support workers and employers across the province to prioritize and effectively manage workplace safety. Currently, serious injuries account for the majority of claim costs within the workers’ compensation system. Approximately 10 to 13 per cent of claims result in more than 80 per cent of costs.

The WCB has a legislative obligation to remain fully funded. In response to changing accounting standards, the WCB has finalized a comprehensive review of the funding policy. The funding policy has been superseded by the sufficiency policy, which measures funding adequacy in a different way. The sufficiency policy reconfirms the WCB’s commitment to hold sufficient funds to balance long-term obligations to workers and employers.

 “To help reduce volatility in premium rates under the new accounting standards, the WCB’s sufficiency policy targets a range of between 100 and 140 per cent funded to cover the costs of current and future claims,” said Phillip Germain, the WCB’s CEO. “The 2024 rate ensures we will be able to maintain our funded position.”

Employers can help prevent work-related injuries through effective safety management systems. By working together, all stakeholders can prevent disability through effective rehabilitation and return-to-work plans can help employers reduce claim costs and manage work-related injuries. By reducing the number and severity of injuries in the workplace, industry premium rates will be positively impacted. Employers and the WCB can work collaboratively to develop safety management systems and return-to-work programs to help prevent and manage work-related injuries.

To further support workers and employers, WorkSafe Saskatchewan, the partnership between the WCB and the Ministry of Labour Relations and Workplace Safety, launched the 2023-2028 Fatalities and Serious Injuries Strategy in March 2023. The updated strategy, built on the success of the 2019-2021 strategy, focuses on two key streams of work that will be undertaken to reduce injuries and fatalities – a regulatory and enforcement stream, and a prevention and learning stream. The strategy lays out a direction for working together with stakeholders, including non-profit safety associations, to address high-risk industries and occupations that are resulting in workplace fatalities and injuries.

“The WCB will continue to work closely with employers, workers and health-care providers to support the prevention of work disability through collaborative planning,” said Dobrowolsky. “As we head into 2024, we continue our commitment to eliminate workplace fatalities and injuries in the workplace. It is only together that we will achieve this vision.”