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Sharing news that SHCA members need to know

WCB releases 2023 provincial workplace injury statistics

The Saskatchewan Workers’ Compensation Board (WCB) released the 2023 provincial workplace injury statistics in mid-March. The Total injury rate for 2023 was 3.95 per 100 workers, an almost nine per cent decrease from 2022. From 2009 to 2023, the WCB’s total injury rate has decreased by 57.62 per cent. The 2023 total injury rate is the lowest in the province’s recorded history.

“Through the WorkSafe Saskatchewan partnership with the Ministry of Labour Relations and Workplace Safety, as a province, we are on the right track as we see our total and time loss injury rates continue to come down,” said Gord Dobrowolsky, chair of the WCB. “This is thanks to the combined efforts of workers, employers, our safety associations, safety leaders across the province and labour, including the Saskatchewan Federation of Labour and Saskatchewan Building Trades. But even one injury is too many, so there is still much to do to ensure that every worker in Saskatchewan is able to come home safely at the end of the day.”

For the fourth year in a row, 90 per cent of Saskatchewan workplaces had zero fatalities and zero injuries. In addition to the total injury rate decrease in 2023, the time loss injury rate also dropped to 1.78 per 100 workers. This represents a decrease of 12.75 per cent from the 2022 rate of 2.04 per 100 workers.

“An almost 13 per cent decrease in the time loss injury rate is certainly significant for 2023,” said Phillip Germain, CEO of the WCB. “While we are moving in a positive direction, we all need to continue prioritizing workplace safety to drive our rates even lower.”

Saskatchewan’s time loss injury rate is fourth among Canadian provinces.

“We believe every workplace incident is preventable, and serious injuries represent approximately 11 to 14 per cent of our total claims,” said Germain. “Serious injuries account for more than 80 per cent of our claim costs in the province’s compensation system each year. We will not rest until Saskatchewan records no workplace fatalities and the lowest serious injury rate in Canada. We believe we are on the right track to get there.”

Last year, WorkSafe Saskatchewan, a partnership between the WCB and the Ministry of Labour Relations and Workplace Safety, launched the 2023-2028 Fatalities and Serious Injuries Strategy. Building on the success of the first strategy, this document lays out a new approach to fatalities and serious injuries in Saskatchewan’s workplaces. The strategy is a multi-year plan that uses customer feedback and engagement, as well as claim and injury data. It outlines two key streams of work from the WCB and the Ministry of Labour Relations and Workplace Safety to reduce serious injuries and fatalities – a regulatory and enforcement stream, and a prevention and learning stream.

“The WorkSafe Saskatchewan partnership is committed to continuing to bring our injury and fatalities rates down, and keeping all workers safe on the job,” said Germain.

In 2023:

Total claims accepted decreased by 6.80 per cent to 16,143 from 17,321 in 2022. The total number of workers covered increased to 409,158 in 2023 from 400,392 the previous year.

Accepted no time loss claims decreased to 8,870 in 2023 from 9,156 in 2022.

Accepted time loss claims (excluding current-year fatalities) decreased to 7,256 from 8,148 in 2022.

There were 29 workplace fatalities in 2023 compared to 39 in 2022. This is a decrease of 25.64 per cent. These deaths occurred in a variety of Saskatchewan industries. Of the 29 fatalities in 2023, 10 were due to occupational disease (five of which resulted from exposure to asbestos), and nine were due to motor vehicle collisions. The remaining 10 fatalities resulted from medical complications due to workplace injuries, and from heart attacks and traumatic events.

“Each of these fatalities represent spouses, children, families, workplaces and communities who have been tragically impacted by these losses,” said Dobrowolsky. “We need to remember the 29 workers in our province who lost their lives because of a work-related injury last year. To honour their memories, we all must intensify our efforts to make every workplace safe from injuries and fatalities.”

Saskatchewan invests $248,000 toward women in trades

At the end of March, the Government of Saskatchewan announced a partnership with Women Building Futures to support the Journey to Trades pre-employment program that will provide women with the skills they need to start their careers in the construction trades and embark on apprenticeship.

“This investment in skills training will further support Saskatchewan’s Labour Market Strategy by ensuring residents have every opportunity to benefit from the jobs our rapidly-growing economy is creating,” Immigration and Career Training Minister Jeremy Harrison said. “This partnership with Women Building Futures will provide the opportunity for women to gain first-hand experience in the skilled trades and take advantage of the in-demand jobs being created in the construction and maintenance industries.”  

The Ministry of Immigration and Career Training is investing $248,000 into the Journey to Trades program, which will support 18 participants over the next year. The program takes place in Regina, and will run for 12 weeks. Students will participate in classroom learning and receive hands-on skills development that will enable them to gain employment in entry-level positions. 

“At Women Building Futures, we recognize the need to eliminate barriers for women and under-represented groups, so they can get into resilient careers that pay higher than a living wage,” said Carol Moen, president and CEO of Women Building Futures. “We help them build the skills and confidence they need to succeed and then connect our graduates with industry partners who nurture safe, equitable workplaces for women. With this investment, we are excited to grow our impact in Saskatchewan, supporting more unemployed and underemployed women on their paths to economic security.”

The Journey to Trades program will be delivered through Women Building Futures, an organization that empowers women to explore careers by providing training and supports. This collaboration provides women in the skilled trades with skills training and work experience.

Editor’s note: Turn to page 38 for an in-depth look at Women Building Futures’ expansion into Saskatchewan.

SARM responds to the 2024-25 provincial budget announcement

The Saskatchewan Association of Rural Municipalities (SARM), alongside their member RMs, emphasizes both highlights and concerns regarding rural communities across the province in this year’s provincial budget.

“[This year’s] budget includes many priorities that our members have been asking for. Although not perfect, we feel items in this budget go a long way to support our RMs and the people who live in rural Saskatchewan,” said Ray Orb, SARM president.

SARM is pleased with the increase, recognizing that RMs are a key component in driving Saskatchewan’s economy. “More funding is always welcome. RMs have a responsibility to provide a level of service and infrastructure expected by the major sectors driving Saskatchewan’s economy,” said Orb.

The municipal revenue sharing model is unique to Saskatchewan and SARM is pleased with the increased dollars being invested by the province. This funding goes a long way to supporting RMs in the future.

Agriculture is the backbone of rural Saskatchewan and SARM is pleased with the record investment in the Ministry of Agriculture this year. Key asks from SARM, such as increased Business Risk Management Programs funding, increased investment in weather stations for data collection and the commitment to irrigation are all being addressed, and SARM supports the direction the province is taking in these critical areas.

SARM has been advocating for the launch of the water management infrastructure known as the Lake Diefenbaker irrigation project. This project has been in the making for a long time and will positively impact RMs into the future, increasing crop diversity and farm profitability through irrigation.

“We appreciate the government’s recognition of the importance of this project,” said Orb. “Irrigation is a key component to economic growth in rural Saskatchewan and this project will go far in supporting that.”

Funding for rural road and bridge infrastructure is imperative for RMs to continue to provide key economic sectors with a strategic transportation network that is effective and well maintained.

While there is a modest increase in funding for the Rural Integrated Roads for Growth program, the challenges and expenses of maintaining critical rural infrastructure continue to rise and there are concerns regarding the level of investment in vital services such as roads and infrastructure. With the current inflation and the vast inventory of rural infrastructure, RMs will require stronger support going forward. SARM will continue to ask for more funding to allow RMs to renew and maintain rural roads.

“While we recognize the challenges in balancing various priorities within budget constraints, we urge the government to ensure RMs have sufficient funding to maintain critical rural infrastructure across the province,” Orb said.

Company fined $70,000 for serious workplace injury

On March 13, 2024, Sunterra Horticulture (Canada) Inc. pleaded guilty in Yorkton Provincial Court to one violation of The Occupational Health and Safety Regulations, 2020.

The company was fined for contravening clause 3-1 (a) of the regulations (being an employer at a place of employment, failure to provide and maintain plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer’s workers, resulting in the serious injury of a worker). As a result, the court imposed a fine of $50,000 with a surcharge of $20,000, for a total amount of $70,000.

One additional charge was withdrawn.

The charges stemmed from an incident that occurred on September 16, 2021, near Hyas, Sask., where a worker was seriously injured while attempting to dislodge a pallet and bale of peat moss.

Recognizing excellence in construction: Meet the recipients of CCA’s 2023 National Awards

Sponsored by Northbridge Insurance, CCA’s National Awards ceremony was held on March 14, 2024, in conjunction with the Annual Conference in Punta Cana, Dominican Republic. From innovation and environmental achievement to community leadership, world-class safety and workforce excellence, the recipients represent the industry’s best and brightest.

Congratulations to the following individuals, companies or associations for their exceptional contributions to the Canadian construction industry.

Ledcor Group of Companies, CCA 2023 Community Leader Award – sponsored by Marsh Canada Limited

Ledcor has been named one of two recipients of CCA’s Community Leader Award. The collective mission shared by Ledcor’s employees is encapsulated in the phrase “Ledcor Cares,” a testament to their commitment to community well-being and making a positive impact.

Vancouver Island Construction Association, CCA 2023 Community Leader Award – sponsored by Marsh Canada Limited

Emerging as a central force addressing substance use and overdose deaths with a groundbreaking toolkit, VICA has been named one of two recipients of CCA’s Community Leader Award.

Giatec, CCA 2023 Environmental Achievement Award – sponsored by Victaulic

Giatec was recognized for their innovative approach to sustainability. SmartMix is an AI platform that empowers ready-mix concrete producers to analyze data points across their operations efficiently, optimizing mixes for cost, cement usage and carbon dioxide emissions.

Ledcor Pipeline Ltd., CCA 2023 Excellence in Innovation Award – sponsored by Intact Surety

For their Canadian adaption of new methodology for steep slope pipeline installation, Ledcor Pipeline Ltd. was honoured with the 2023 Excellence in Innovation Award.

Kinetic Construction, CCA 2023 Gold Seal Award – sponsored by Travelers Canada

For their ongoing commitment to excellence and education, Kinetic was recognized with the CCA 2023 Gold Seal Award. A staunch supporter of Gold Seal since its inception, Kinetic has celebrated countless employees’ journeys to certification.

Graham Group, CCA 2023 National Safety Award – sponsored by Vipond Inc.

The 2023 CCA National Safety Award recognized the Graham Group for their outstanding overall approach to and success in the areas of health and safety. Actively Caring is one such example of a Graham program designed to cultivate a culture where people are actively looking out for others with courage and compassion.

Construction Association of Nova Scotia, CCA 2023 Partner Association Award

The Construction Association of Nova Scotia (CANS) is the 2023 recipient of CCA’s Partner Association Award. CANS continues to focus on building a resilient, skilled and innovative future for the construction industry in Nova Scotia through education, advocacy and industry collaboration.

Dave Filipchuk, CCA 2023 Pinnacle Leader Award – sponsored by PCL Construction

The CCA 2023 Pinnacle Leader Award recognized Dave Filipchuk. His achievements are reflected not only in his firm’s success and growth, but also in his leadership, dedication to excellence and community contributions, which position him as an exceptional leader, partner and example to all.

Ledcor Group of Companies, CCA 2023 Workforce Excellence Award – sponsored by Raise Underwriting

Underwriting for their ongoing efforts to continuously improve upon their employees’ experiences, and their commitment to a diverse and equitable workplace, Ledcor was presented with the CCA 2023 Workforce Excellence Award. Ledcor uses the phrase “True Blue” to describe its values-driven approach.

Ryan Davis, CCA 2023 Young Leader Award – sponsored by McMillan LLP

Through his impressive portfolio, his dedication to continuing education and his community spirit, Ryan Davis stands as an exemplary leader in his field and was recognized with the CCA 2023 Young Leader Award.

These recipients are raising the bar for the industry. Congratulations to all who were recognized for their outstanding achievements. 

When you know what you have to say matters – and you are clear on how it matters to others – it makes it easier to speak up.

We are seeing yet another status quo provincial budget. In a growing province, we know that is not enough. This year, highways received less than it did in the 2023-24 budget. The capital budget is down $18 million, but we know our industry is prepared to build more than $404 million worth of work.

 This year’s budget announcement wasn’t just a matter of the provincial government not keeping up.  There was nothing new in it – no new work at all. I encourage SHCA members to read more in the article on page 24 about how this year’s budget compares to other years, back to 2018-19, and what SHCA is calling for going forward – not just for our industry, but to encourage the economic growth of our province. 

I want to thank all of you who attended the MLA reception on March 4. We appreciated the opportunity to gather at the Legislative Building to catch up with one another and to also share with MLAs what we need them to know about our industry and our relationship with the provincial government.

We know we play an important role in this province achieving goals that matter to our economy and quality of life. While I am in contact, sharing and receiving information with ministry officials and Minister Carr, it is important for them to hear from you as well so they can learn how those of you on the frontlines are impacted by their decisions. 

MLAs often listen to hear what is happening in their constituency, which is why it’s important that those working on projects across the province speak to elected officials. Those voters will decide this fall who will be getting the seat for that area. What affects us affects those projects. 

I would also like to update you on a few other matters related to the federal government. We are letting the public know how our province and communities will be affected by politicians’ statements and decisions in a few different ways. 

There was the statement about the funding of road infrastructure projects in Canada made by the Federal Minister of Environment and Climate Change, Steven Guilbeault. We were among many industry groups across Saskatchewan who wrote a letter to Prime Minister Justin Trudeau to ask him to clarify the federal government’s position on funding future road construction in Canada.

We reminded him and his government that Saskatchewan’s economy heavily relies on a robust network of roads because all industries and sectors depend on that road system. We pointed out that in 2022, Saskatchewan reached $52.6 billion in exports, which was the highest figure recorded in our province’s history. 

We made it clear that if we were unable to upgrade and improve our network of roads in Saskatchewan, our economy would falter, leading to a decline in jobs. That letter was signed by leaders of the Construction Associations of Saskatchewan, Saskatchewan Auto Dealers Association, Saskatchewan Trucking Association, Regina and District Chamber of Commerce, Saskatoon Chamber of Commerce, North Saskatchewan Business Association, Saskatchewan Urban Municipalities Association (SUMA), the Association of Consulting Engineer Companies of Saskatchewan and the Prairies & Northern Canada representative of the Canadian Federation of Independent Business. At the top of the list of signatories was our association. 

We have also been vocal about changes to the Canada Community Building Fund (CCBF). The CCBF is used for infrastructure projects such as roads, transportation, wastewater and sewer, fire services, and tourism and culture. 

The federal government is looking at adding affordable housing to the mix. That would be a clear case of putting the cart before the horse. Building infrastructure, such as servicing lots for housing projects, comes before building units. 

SUMA recently voiced concerns regarding this proposed change to the fund, which would impact decisions made by municipalities. Our association shares that concern. If new rules are implemented by including affordable housing over investment in infrastructure, municipalities will not be able to build critical projects. 

The federal government will dictate what municipalities can and cannot build. The approach to addressing our infrastructure needs should be collaborative, not arbitrary. Every community has different priorities for infrastructure, and those decisions are best made through a process that includes communities.  

It is important that we keep speaking up about how decisions made by elected officials affect our industry and the people who depend on the work we do. We will continue to speak up this year to draw attention to the value our industry delivers to this province and its communities, and how SHCA members’ work is relevant to the economy and quality of life of citizens. 

A message from the president of the Canadian Association of Women in Construction

By Lisa Laronde, CAWIC and RSG International

A great deal has changed since 2005, when the Canadian Association of Women in Construction (CAWIC) was formed. We have witnessed the emergence of a new digital economy, an enhanced focus on health, safety and mental wellness, and an increased demand for skilled workers. The one thing that has not changed is our association’s commitment to support women across the industry.  

Based on feedback CAWIC collected from those involved in the association in late 2023, we know that women in the construction industry are looking to be part of a community; they want to network, bond, share and grow with fellow women. 

This year, CAWIC and the entire construction industry can and will build a stronger community for women working in the construction field. For CAWIC, we will focus our efforts on supporting women and helping them advance their careers by providing professional development, networking and mentorship from coast to coast. With a new two-year strategic plan in place, CAWIC is firmly and rapidly expanding on our foundation and our focus to better support women including racialized women, those living with disabilities and members of the 2SLGBTQ+ community.

Women are a growing and essential segment in the construction industry. As many have heard me say, if the construction industry does not continue to make progress to attract, support and retain women, the industry will not thrive, let alone survive. We as a collective need to hold companies, individuals and organizations accountable to ensure women are getting the opportunities they not only deserve but have earned. 

Our industry is facing extensive demand as we try to ensure we have a workforce available to meet the needs of today and tomorrow. With the realities of an aging population, looming retirements on the horizon and a growing competitive job market, now more than ever we need to attract and retain women in the construction industry. However, we can only draw and retain women on our teams and in our leadership roles when our companies provide the right culture and environment that is supportive for women. 

A vital part of this is ensuring that organizations offer opportunities for their teams to continually learn. This opportunity to learn cannot be achieved in isolation. Having a network to rely on and share lived experiences is crucial. For women in construction, CAWIC is further developing that community to learn, live and grow in.  

Each day across the industry, we see the immense pride that women in construction have for their job, their organizations and the role they play in building and strengthening our country.  We must continue to harness that pride and the opportunities that exist to attract the next generation of women to our sector. 

While there are still enormous challenges and barriers that must be solved, including childcare, pay equity, title equity, PPE availability and fit, and discrimination and harassment in the workplaces, we are seeing true progress. With our united voices, persistent actions, ongoing outreach and partnerships with allied construction organizations, we will cultivate a supportive community for women to work and thrive. Through this focus and action, we will bring about lasting and meaningful change. 

Lisa Laronde is president of RSG International, a global leader in road safety infrastructure, and a powerful advocate for women in leadership. She is also president of the Canadian Association of Women in Construction (CAWIC). In fall 2023, she was recognized as one of Canada’s Most Powerful Women by WXN (Women’s Executive Network).

Six months after Saskatchewan Common Ground Alliance transfer

By Shannon Doka

Sask 1^st Call began a new chapter in June when – after two decades of running the service – SaskEnergy transferred ownership to the Saskatchewan Common Ground Alliance (SCGA).

SaskEnergy launched the organization with its familiar “Call Before You Dig” messaging on Jan. 2, 2003.

“There were notification companies in other provinces like Ontario and Alberta. Companies that crossed over borders really saw the value in having a notification service in Saskatchewan, too,” said Shawn Fairman, general manager, distribution customer services, and vice-president of the new Sask 1^st Call board of directors. “It made sense for SaskEnergy to be a part of it because we have a lot of underground infrastructure and because safety is a core value for our company.” 

Sask 1^st Call can help enhance safety for people and businesses doing construction in Saskatchewan. They can request a line locate free of charge, either by calling a 1-800 phone number or submitting a request online. Within three business days, any underground infrastructure will be marked using flags, stakes or paint. If an area is marked, this is a clear signal to not dig in or obstruct the area. 

Sask 1^st Call can also help protect subscribing companies’ underground facilities.

“Sask 1^st Call enables dependable, cost-effective communication between subscribers and those intending to disturb the ground,” said Shannon Doka, executive director, SCGA. “This service greatly enhances public safety, as many facilities may exist underground that landowners are unaware of.”

With this mission of safety for both users and subscribers, Sask 1^st Call has grown over the years. It began when SaskEnergy saw underground facilities continuing to grow in complexity, and the company worked to build the organization throughout 2002. In April that year, it was lauded in the provincial legislature as a “valuable service to pipeline companies.” 

“This is another example of the people of Saskatchewan’s public industry serving the public good and helping to encourage more investment and expansion in our province,” Member of the Legislative Assembly Keith Goulet stated at the time. 

When it launched eight months later, Sask 1^st Call had just two registered member companies – SaskEnergy and TransGas. Others quickly joined, and today, Sask 1^st Call has more than 120 subscriber companies.

In the early years, “Call Before You Dig” was the primary option for Sask 1^st Call. However, people could also request a locate by fax machine. In the service’s first year, more than 49,000 fax requests were received. 

SaskEnergy’s customer service representatives  answered the toll-free calls, then consulted a screening database to determine which subscriber companies had infrastructure at the customer’s location. In early 2020, a master services agreement with Utility Safety Partners in Alberta provided a more consistent approach to the one-call service.

In August 2004, online requests became an option. That year, there were more than 97,000 online locates requested and the service grew to include 20 subscriber companies. 

Also in 2004, SaskTel joined Sask 1^st Call – the first non-oil and gas company to become a member. 

Five years later, another Crown corporation, SaskPower, signed on. By 2010, line locate requests had grown five-fold. 

Over the years, the organization continued to expand its reach and support its mandate of public safety and damage prevention.

In 2014, a safety patrol program was launched with the goal of reducing incidents in new urban neighbourhoods in Regina, Saskatoon, Moose Jaw and suburban communities of Regina. 

In vehicles decorated with Sask 1^st Call branding, the contracted patrollers actively checked in with people in the new areas. When landscaping, building a fence or deck, or pouring a new driveway, people were asked if they had completed a line locate. The program contributed to a steady decline in third-party line hits.

Nowadays, technology makes it more convenient to request line locates.

“Over time, we try to make it as easy as possible and promote the online requests instead of calling in. We have found that far fewer incidents happen when requests are made online instead of by phone,” said Fairman. “It’s really about making sure the customers are safe. Many times, there are high voltage power lines or gas lines, and it’s in everyone’s best interest when we’re doing the projects in our yard that we’re being safe.”

Twenty years after it was launched, Sask 1^st Call  extended the line locate expiry date from 10 business days to 30 calendar days to make things more efficient and convenient for customers and subscribers.

This change aligns Saskatchewan with other provinces and jurisdictions that already had a 30-day window for line locates. 

“All parties agree this change will safely help deal with the unexpected, such as weather-
related delays, equipment breakdown and needed crew downtime,” said Doka.

The most recent substantial change took place in June 2023, when the SCGA began managing the service.

“The SCGA is a good fit to oversee the service, as a non-profit organization that shares SaskEnergy’s dedication to public safety, environmental protection and damage prevention,” said Fairman. 

As a newly-formed non-profit corporation, Sask 1^st Call now has a board of directors – appointed by the SCGA – to provide strategic direction to the business and governance. 

The Sask 1^st Call board of directors are:

• James Cameron, Crescent Point Energy, Calgary – president
• Shawn Fairman, SaskEnergy, Regina –  vice-president
• Bryan Abel, BH Telecom/FlexNetworks, Kitchener –  secretary-treasurer
• Kyle Schmalenberg, SaskTel, Regina
• Kevin Lalonde, SaskPower, Saskatoon
• Jodi Long, Kingston Midstream, Estevan
• Kim Brady, Whitecap Resources Inc., Weyburn
• Jennifer Wilkinson, City of Weyburn, Weyburn

“Establishing Sask 1^st Call was a great initiative, and it’s grown over the years to something that’s going to be a legacy for SaskEnergy,” said Fairman.

In addition to the new board, Sask 1^st Call also has a new director to manage the service and day-to-day operations. Lisa Kosolofski started in this role in October 2023.

“[Kosolofski] brings a lot of experience to promote and provide customer service to Sask 1^st Call users and subscribers,” said  Doka. “The SCGA and Sask 1^st Call are looking forward to what the next 20 years will bring!” 

For more information on Sask 1^st Call, visit sask1stcall.com or email firstcalldirector@scga.ca. 

For more information on SCGA, visit scga.ca or email executivedirector@scga.ca.

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. 

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.

Ensuring workers leave the construction site in the same condition they arrived

By Jon Waldman

Trenching is a vital facet of any heavy construction project, but it can be dangerous. It’s essential for safety to be top-of-mind when companies embark on trenching as part of their project. 

Fatalities are extreme cases, but other incidents see serious wounds, lacerations or broken bones.  

“Common injuries from trenching typically occur when there is ground fall as a result of changing conditions, or collapse of the trench because it was not sloped properly for the soil type of conditions,” said Jonathan Sherman, director, prevention at Saskatchewan Workers’ Compensation Board. “Falls are also a risk, either during access or egress or by those working next to the trench. There is the risk as well of the environment becoming oxygen deficient as a result of fumes replacing the air, if the trench is not properly ventilated, or when working in more confined spaces like with a trench box, particularly around septic systems.”

Safety procedures

Recognizing the risks and hazards that trenching carries, there are several preventative measures that companies have to take.

“The type of soil determines the slope of the trench walls based on the depth of the trench,” Sherman said. “Conducting a pre-job safety analysis or hazard assessment before work begins each day, or when conditions change, will also help prevent work being done in a trench that is unstable.”

Alongside soil evaluation are other factors that are part of the worksite, including underground services. This may include gas, communication and power lines, as well as sewer and water mains. In Safety in Excavations and Trenches, a publication from WorkSafe Saskatchewan, it is outlined that “underground services must be identified and accurately located before excavation work begins.”

Sherman says it’s essential that companies not only examine the ground before a project begins but perform ongoing analysis as work continues –  especially if or when the climate shifts. 

“When conditions change, particularly when it rains, any excavation should be inspected to ensure that the water has not caused damage, eroded the edges or caused other risks to the integrity of the trench,” he said. “Continuous supervision of work should also be done to ensure those in the trench are protected at all times, as well as to keep others from entering the trench accidentally.”

Conditions are part of the consideration –  worker communication is another piece of the puzzle. As a project continues and as depth increases, supervision and dialogue become vital. 

“Where workers are in a trench more than 1.2 metres deep, an employer shall ensure a competent worker is stationed on the surface to alert workers in the trench of any unsafe conditions or assist in an emergency,” said Bryan Lloyd, executive director of the Government of Saskatchewan’s Occupational Health and Safety, a division of the Ministry of Labour Relations and Workplace Safety.

Just as important is knowing that there are inevitabilities in trenching, and one of those can be deadly –  cave-ins. As described in Safety in Excavations and Trenches, cave-ins can be caused by multiple factors such as moisture content, vibration and adjacent weight. The effects of cave-ins can be devastating, with only moments to avoid injury without proper planning. 

“Many victims are suffocated after being buried in a cave-in,” the document states.  “Survivors often receive severe crushing injuries. Once a trench or excavation begins to cave-in, workers may have only seconds to escape.”

Big assists

Similar to other areas in construction, trenching has had numerous advancements that companies today can utilize as part of their safety procedures.  Lloyd says  these opportunities include advancements in temporary protective structures. Compared to older apparatus, these constructs are lighter, making them easier to move, yet they still function to the high standards necessary for trenching.

Lloyd says there are benefits for companies that are contemplating upgrading this part of their equipment.

“The use of temporary protective structures are being used more and more every day as it cuts down in overall excavation costs and [is] less invasive in urban communities,” he said. “When it comes to open trenching, we are seeing the use of more ‘V’ buckets. Not only does the bucket hold more yardage of material,  it also assists in the cutting back the walls of the trench and having less loose material build-up.”

Preparation, training, ongoing communication and proper equipment must be utilized by companies to reduce the risks of trenching. All businesses should keep an integral mission at the forefront of all operations –  that workers are to leave the construction site in the same condition they arrived in.  

Looking to emerging populations to fill the employment gap

By Jon Waldman

The face of the construction industry is changing. As an aging population of workers retires, the need to fill vacancies becomes vital for continued success, and this often means looking to new and emerging populations to fill the employment gap.

As cited by the Canadian Construction Association (CCA) in their 2019 business case, titled The Value of Diversity and Inclusion in the Canadian Construction Industry, the populations that will assist in the need for on-site workers are women, Indigenous populations and new Canadians, three demographics that have traditionally shied away from the trade. 

Bringing in workers is only half the battle; retaining a new employee must be top of mind in a job economy that provides endless opportunities. However, all the free pizza lunches will only do so much if a staff member does not feel comfortable among their co-workers.

“Exclusionary behaviours work directly against the need to belong, and effectively make an employee or colleague feel like they don’t belong, aren’t welcome, and are not part of the group,” CCA wrote in the business case. “That has a direct impact on productivity, and revenue. Exclusion diminishes employee engagement – the mental and emotional connection employees feel toward their place of work – and that’s just bad for business.”

Not a simple solution

Creating an open environment can be tricky in an industry where tough and rugged are common characteristics. Whether looking to address behaviours on-site or seeking guidance in an off-site issue, workers need to feel they can come to their co-workers or leadership and not feel inferior to their peers. 

“The biggest obstacles are the fear of retaliation or being perceived as ‘weak,’” said Natalie Bell, a People and Culture Consulting consultant and leadership coach. “In many male-dominated industries, that cultural norm typically values toughness over vulnerability. This results in employees being hesitant to speak up about it and be seen in a different light by their peers.”

The good news for business owners is that steering the ship to improved communication starts with having the right people on staff or brought in as consultants. These human resources or labour relations professionals are in place to assist business owners, directors and managers with the opportunity to create a proper, open environment. 

“HR has to assist leaders with working towards creating a culture where raising a concern is seen as a strength, and ensuring confidentiality in the process,” Bell said.

Language as a barriera

One of the issues that can be prevalent at the work site is off-colour language and risque topics. Unfortunately, this can be a major hurdle in a culture prone to dialogue. It’s not just the construction industry dealing with this concern. 

“The construction sector is not alone! There are a few other industries in the same predicament,” Bell said. 

She says that etiquette changes are more likely to occur if high-ranking employees encourage a clean-language environment and, just as importantly, live by example. 

“It sounds cliche, but change begins at the top, the leadership level,” Bell said. “Leaders have to set clear expectations for what respectful communication looks like in their business and then demonstrate those same values in their own behaviour.” 

Language change isn’t something that can happen like the flick of a switch, but proper training and enforcement are a good place to start. 

“Regular training and workshops that focus on a respectful workplace and how to communicate in a workplace setting can gradually shift the culture,” Bell said. “Establishing and enforcing policies against inappropriate behaviour firmly and consistently is also key.”

Policies can certainly help break any walls down, but creating a welcoming environment runs deeper than that.

“In any environment, people need to feel as though they can express themselves, and be themselves within the guidelines of a respectful workplace,” Bell said. “Creating a persona to come to work each day is stressful. People start to feel isolated or alienated, and over time that affects not only the individual’s wellbeing but the team dynamics and can impact work performance in a negative way.”

Giving every staff member the opportunity to shed that worker persona and feel like they can be true to themselves can only help your business, as CCA concludes in their business case.

“A thoughtful and practical cultural shift toward diversity and inclusion can drive bottom-line profit by sparking innovation, increasing productivity, reducing turnover, improving safety, increasing your market share and customer base, and enhancing your reputation,” CCA wrote.