The legislation is urgently needed, said ISCA executive director Hugh Laird, citing one ISCA member as having $7.6 million in outstanding receivables. “All of that money is out of the lien rights period (a 45-day period following substantial completion under the Construction Lien Act) and most of it is 120 days late or more.” “This kind of thing happens all the time,” he said. “A prompt payment act would prevent it.” ISCA is the province’s largest wall and ceiling contrac- tors association. ISCA joined the NTCCC – one of the key players in the lobby to establish prompt payment legislation. Other key associations include the OGCA and the Council of Ontario Construction Associations (COCA). Prompt payment legislation is not a new idea – the U.S. federal government has such legislation in place, as do 31 states in the private sector and 49 states plus the federal government in the public sector, in the U.S. Over- seas, England, Ireland, the European Union, Australia and New Zealand have also adopted it. In Ontario, Bill 69 builds a framework for contractor rights to ensure all contractors, from general contractors all the way down the subcontracting chain receive pay- ment within 30 days. Del Duca, who was the director of public affairs for the Carpenters District Council of Ontario for about five years before moving into a career in politics, says that the bill can be passed into legislation either through the private members bill process or the government can introduce its own bill. “If the quickest and most efficient way of making it reality is by way of government ... then I would be delighted to see that as well.” In theory the bill could be passed through a unani- mous consent motion, but if one member of one caucus says no, the bill would be referred back to a traditional track for approval, the MPP says. Del Duca points out that such legislation represents significant “economic importance to the province.” He says committee hearing dates are yet to be deter- mined. “I would like to see this wrapped up before we have an election. I don’t anticipate there will be an elec- tion particularly soon.” “The problem is getting worse and worse,” says Laird, noting that many industry observers believe that instead of paying contractors what they are owed, owners use that money to develop other projects. Laird says after carrying huge debts for months many contractors, out of desperation, make deals to at least get partial payment because to go after full payment through litigation is expensive and time-consuming. Jeff Koller, industry compliance officer, Ontario Con- struction Finishing Alliance, adds that contractors fear by making a big fuss over outstanding payment with an owner they stand to lose out on future contracts. “As a result in a lot of cases you find contractors mak- ing deals for smaller portions on the dollar – maybe 60 to 70 cents – to at least walk away with something,” says Koller. “The contractors at the bottom of the pyramid (finish- ing trades) which are driving the economy forward and creating the jobs are not getting paid for, in many cases, 22 – Fall 2013 — The Canadian Design and Construction Report an exorbitant amount of time,” adds Koller. Finishing trades such as drywall and painting contrac- tors are the last to work on a project. If occupancy occurs soon after they complete their work, they lose their lien rights, says Koller. “From the construction industry’s standpoint, Premier (Kathleen) Wynne needs to get on side, make it a govern- ment-sponsored bill and push it through,” he points out. Laird fears that if the government doesn’t pass legis- lation soon, the act will fall by the wayside. A published report said Sandra Skivsky, director of marketing and business development for the Canada Ma- sonry Centre, said “we need the support and direction from Premier (Kathleen) Wynne.” Skivsky’s email, dated Aug. 27, said: “And to this ef- fect we are planning a fundraiser for Premier Wynne with a one-topic agenda – prompt payment. One of the ways the industry can show its support for both the premier and Bill 69 is to buy tickets and attend this event.” Her email noted tickets would be $5,000 each with a goal of raising $200,000,” the Toronto Sun reported. The Sun story said Kelly Baker, a spokesman for Wynne, referred questions about the fundraising event to the On- tario Liberal Party. “However, Bill 69 received unanimous support when it passed second reading on May 16, 2013,” Baker was quoted as saying in a statement. “The bill will be exam- ined by a legislative committee like any other bill. The government and the two opposition parties have already supported Bill 69 publicly.” “The event the premier attended will have no impact on that matter,” Baker was quoted as saying. Skivsky was quoted as saying there’s nothing unusual about the construction industry holding or attending a fundraiser. The industry has been advocating for prompt payment legislation for six years, and the fundraiser was an oppor- tunity to create a dialogue with politicians, she said. “You also have to motivate people and get the atten- tion of your own people.” Meanwhile, NTCCC members discussed progress to- wards prompt payment legislation at a September meet- ing in Vancouver B.C. A published report on the coalition’s website said NTCCC representatives met with trade con- tractor representatives from the provincial construction trade community to talk specifically about the prompt payment challenge. Richard McKeagan, representing the Mechanical Con- tractors Association of Canada, was quoted as saying: “I believe this meeting with the British Columbia trade con- tractors was very informative and extremely helpful in moving to prompt payment legislation along in B.C. “This was only enhanced through the presence of the British Columbia Construction Association (BCCA) presi- dent Manley McLachlan, who noted that BCCA is ex- tremely supportive about the prospect of B.C. prompt payment legislation and was enthusiastic about working with the British Columbia trade contractors organization, now called the British Columbia Chapter of the National Trade Contractors Coalition of Canada.”