Safety Group Receives Record $2.8 Million Rebate

SPRING 2004 TheTheUnderUnderggrounderrounder ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION

INSIDE

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ONTARIO • MANITOBA • NUNAVUT • NEWFOUNDLAND & LABRADOR SPRING 2004 TheTheUndergrounder ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION

MESSAGES President’s Message 5 John Weber

Executive Director’s Message 7 Sam Morra FEATURES Safety Group Rakes In Record 9 $2.8 Million Rebate

On the cover: Safety Group rebate: Ron Robinson Jr., Renewing Canada’s Water & OSWCA Past President (left); Sam Morra, 12 Sewage Infrastructure OSWCA Executive Director (right) ORCGA Damage Prevention Symposium ©2004 Naylor Publications Co. (Canada). All rights 14 reserved. The contents of this publication may not be reproduced by any means, in whole or in part, Status of Bill 175 – Still Waiting without prior written consent of the publisher. 15 Senior Managing Publisher: David Long Ground-Penetrating Radar Publisher: Martin Rissin 19 Editor: Jonah O’Neil Bill C-45 Casts a Wide Net Editorial Coordinators (OSWCA): 21 Sam Morra & Gus Morelli Sales Manager: Allen Reimer MEMBER PROFILE Book Leader: Bert Eastman Sales Representatives: Trevor Rebillard, Ontario Regional Common Ground Alliance Ryan Jonasson, Anook Commandeur, 23 Brenda Ezinicki, Steve Urias, Brian Hoover, Gord Jackson, Pat Johnston, Arlene Nowicki, Dawn Stokes, Billy Houlbrook Buyers’ Guide & Trade List Design & Layout: Deb Churchill Basso 25 Advertising Art: David Cheetham Research Associate: Marina Nikolaeva The Undergrounder is published for the Ontario Sewer and Watermain Construction Association (OSWCA) Published April 2004/OSW-T0104/8828 5045 Orbitor Drive, Unit 12, Suite 300 Mississauga, ON L4W 4Y4 Canadian Publications Mail Agreement #40064978 Tel.: 905-629-7766, Fax: 905-629-0587 Correction: In the Fall 2003 issue of The Undergounder, the Published by Naylor Publications Co. (Canada) Member Profile incorrectly listed the name of Ken Dyble’s company as Crowle Supply. The correct name is Crowle 100 Sutherland Avenue, Winnipeg, MB R2W 3C7 Fittings & Supply Ltd. We sincerely apologize for any Tel.: 204-947-0222, Fax: 204-947-2047 inconvenience or confusion this may have caused. www.naylor.com

The Undergrounder / Spring 2004 • 3 www.flygtdewatering.ca Message from John Weber, President, OSWCA

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

developed. The Liberal party, then in between our provincial and federal opposition, voted against the bill in governments. On the federal side, the House saying that it did not go far we’ve seen three infrastructure pro- enough to address our water and grams where water and sewage system sewage infrastructure deficit in the upgrades in Ontario qualify for fund- province. We are now looking for a ing. The first was the Canada Ontario clear signal that the new government Infrastructure Works Program which will not only commit to fully devel- committed over $600 million towards oping the regulations, but also put in municipal infrastructure renewal in place a dedicated Water and Sewage our province. This federal money Infrastructure Renewal program to leveraged similar amounts from the help smaller and rural municipalities provincial and municipal levels of gov- n an era which will be character- manage the transition to full cost ernment to result in investments close ized by high public confidence pricing. to $2 billion over the last five years. in the safety of its drinking It is no overstatement to say that With a Liberal government federally water, the timely reconstruction moving the Sustainable Water and and in Ontario we look forward to a of aging facilities and acceptance Sewage Systems Act forward promptly substantive partnership on infrastruc- Iof the concept of financial sustainabili- and decisively will be a crucial test for ture renewal. ty of our water and sewage systems are the new government. Stakeholders will We are pleased to report that our paramount. The OSWCA has been be watching for signals. In the absence initial meetings with Minister David working steadfastly along with other of any indication from the new gov- Caplan have proven to be very posi- stakeholders to encourage govern- ernment to the contrary, we have every tive. He is a great supporter of infra- ments to adopt policies that promote reason to believe it is full speed ahead. structure renewal in Ontario and we sustainable infrastructure systems. On the campaign trail, the McGuin- have shared many ideas on ways to In Ontario, we are now dealing with ty Liberals committed to implementing implement full cost recovery in a significant political shift as the Liber- both the spirit and the letter of the Ontario. We look forward to working al party settles into government. And O’Connor report. They also committed with him even more so in the future. now there’s a very large and unwel- to source protection, which is already We’re almost there. I believe con- come elephant in the corner of the in the Act in the sense that municipali- tinued strong leadership will take us room in the form of a $5.6 billion ties can include costs for source protec- the final leg of the journey to see the deficit bequeathed to them by the tion as long as they’re related to the Sustainable Water and Sewage Systems departing government. It is now that provision of water or sewage services. Act proclaimed into law with practical we must continue our leadership on We are also intrigued by the Liber- regulations and a Clean Water Infra- this important issue to the public and als’ decision to replace SuperBuild with structure renewal program. the industry. a brand new Ministry of Public Infra- Once we do succeed, we can get on The Sustainable Water and Sewage structure Renewal. The other positive with the important task of reconstruct- Systems Act was passed over a year development is the increased level of ing Ontario’s water and sewage infra- ago, yet regulations have not been cooperation that we can expect structure for generations to come. ■ The Undergrounder / Spring 2004 • 5

Message from Sam Morra, Executive Director, OSWCA SUE is a Win-Win Investment for Municipalities

municipalities and underground utility way project that involved a road owners provide limited information widening. Data gathered through SUE on the horizontal location of the showed that about a mile of tele- anticipated utility. However, to proper- phone, water and sewer lines were in ly design excavation support systems conflict with the proposed road pro- to protect workers and the public, ject. With SUE data, designers were excavators need more detailed infor- able to make slight changes to the mation such as the composition, construction design, saving an esti- diameter, depth, and type of structure mated $1.3 million dollars. The cost of to be encountered. This is where SUE using SUE on the project was about comes in. $56,000, a return on investment of The tragic loss of seven lives last about 2,300 percent. s Bill 175 is implemented year associated with the gas explosion Here in Toronto, the recent use of over the next few years, near the intersection of Bloor Street SUE on a watermain project a few kilo- our industry can antici- West and Kipling Avenue in Toronto metres from the Etobicoke explosion pate a surge in water and has heightened the urgency for all util- site apparently revealed a 50mm gas sewage projects. Many of ity and project owners and construc- main that was not shown by the gas Athese projects will be located in highly tors to improve the process of company on drawings circulated by urbanized older areas. Already, we are accurately locating existing under- the city. The repercussions could have aware of the growing number of utili- ground utility structures. been significant. ties found in our crowded municipal The use of SUE by project owners The OSWCA has been communicat- right of ways and the resulting difficul- will: ing with municipalities and various ty in locating them. For many years • reduce the number of excavations provincial and federal government now the OSWCA has been promoting that conflict with existing under- agencies about the importance of reli- the use of Subsurface Utility Engineer- ground utilities; able utility mapping and locate infor- ing (SUE), just has we have been push- • reduce the need to relocate existing mation and the advantages and ing for changes in the way locates are underground works to accommo- savings associated with the use of Sub- completed. date new structures; surface Utility Engineering. SUE is an SUE is a win-win investment for • reduce project construction costs; investment required not only for engi- municipalities contemplating under- • reduce the number and severity of neering and construction purposes but ground construction work. It is a utility damages; may also become the precursor to a method for recording and presenting • reduce project completion times; bold new world where composite map- information on buried underground • reduce construction claims, and ping exists for our entire underground utilities. It is an advancement on pre- most importantly; infrastructure in Ontario. The Civil vious technologies because it com- • increase public and worker safety. Infrastructure Systems Technology bines traditional civil engineering In the US, at least 40 state depart- Road Map, currently being developed utility data collection with new com- ments of transport are using SUE to by the NRC, CSCE, CCPE and the puter and optic technologies. sort through the subsurface congestion CPWA envisions the future develop- Our challenge is to encourage the under their highways. ment of such an undertaking. The use of SUE for sewer, watermain and An example of savings from the use OSWCA will continue its work with all road reconstruction projects. Presently, of SUE was in a recent Maryland high- stakeholders to make this a reality. ■ The Undergrounder / Spring 2004 • 7 77 Orchard Rd., Ajax, ON L1S 6K9

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8 • The Undergrounder / Spring 2004 Safety Group Rakes In Record $2.8 Million Rebate

By Cheryl Rego

t’s payback time and OSWCA members in the Civil Con- struction Safety Group have struck a pot of gold. The group received $2.8 million in Irebates, the largest rebate given out in the Safety Groups program. “The size of our group is quite substantial which allowed the potential. Everybody within the group par- ticipated quite well and achieved good results throughout. We were able to get 91% of our potential back,” said Group Steering Commit- tee Chairman Darrin Husack. The group had 111 companies and associated companies. All of them are members either of OSWCA or its Left to right: Ron Robinson Jr., OSWCA Past President; Rumina DiValentin, WSIB Consultant; partner in the group, ORBA (Ontario Peter Watson, ORBA President Road Builders Association). The Safety Groups program is a place. “Everybody that is part of the Gus Morelli is the OSWCA’s relatively new initiative by the group is already one of the convert- Technical Assistant and sits on the WSIB. The success of each group is ed. They are doing it for their own Civil Construction Safety Group determined by their group effort as good as well as for the group’s bene- Steering Committee. He said that well as individual ratings. One of the fit. Everybody is sincere about get- keeping track of information for the goals of the program is to have com- ting better themselves,” he said. group helps the members achieve panies learn from each other’s expe- Husack also attributed riences and best practices. Each year the group’s success to the group sets five achievement the effort put in by items. Then individual companies OSWCA and ORBA staff. are rated on how well they complet- “The larger the group ed each item. gets, the more data has Husack said that success relies on to be reviewed. We have group members meeting their goals. to maintain everybody “Everybody has to do well. We have and follow up to make had good success and we want to sure they do well. This continue. One of the challenges is to record keeping is quite a make sure everybody is doing what challenge and the they say they are doing,” he said. He OSWCA and ORBA asso- explained that people who choose to ciates do a tremendous be part of the Safety Group already amount of work tracking Ron Robinson Jr., OSWCA Past President (left); Sam Morra, have a commitment to a safe work- statistics for us,” he said. OSWCA Executive Director (right) The Undergrounder / Spring 2004 • 9 Follow the leader. We’re the industry leader in Precast Concrete drainage system components and that’s no accident. At Hanson, we have built a reputation on our consistent quality, on-time delivery and outstanding customer service. Our innovative, high quality drainage system components and our experienced team of management and staff has clearly separated us from our competition.

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CAMBRIDGE: Head Office OTTAWA: WHITBY: WINDSOR: Tel: +1 888 888 3222 Tel: +1 800 833 7540 Tel: +1 800 265 1354 Tel: +1 888 880 8006 their targets. “We put together a binder that organizes each member. Introducing the ... It has dividers for everything that they do and even includes samples Royal of what to do. It also contains the ™ contact list of everybody that is in COBRA LOCK the group so they can talk to each other,” he said. Morelli also said that having a System safety group consultant further ensures the group is on the right This complete non-metallic joint track. The consultant is Don restraint system is just what you Cameron. Cameron is retired from need for trenchless construction the Ontario General Contractors of PVC pressure pipe. Association (OGCA). He had previ- ously helped the OGCA safety group set an early record rebate of $2.3 million. Now Cameron and the Civil Construction Safety Group have set a new record to beat. Beyond breaking rebate records and achieving targets, the real intent of the Safety Groups program is to foster safe workplaces. Husack said It's quick and easy to install ... that being in a Safety Group automat- just push in the spline and the ically forces a company to follow spline creates a full 360° locking joint restraint for hassle-free through on safety initiatives. “There installation. are internal challenges for each company. It is no more difficult than Insist on the COBRA what you would do for your own company, but there is a little bit of extra paperwork. It is good that the group forces the company to do that paperwork so all angles are covered,” he said. Husack is also the Safety Coordi- nator at Con-Drain Company (1983) 1-800-263-2353 Ltd. He said Con-Drain has seen a www.royalpipe.com decrease in the number of accidents, but he cannot simply attribute that to the safety group, because the company has a high safety standard. Digging on Private Industrial or Commercial Property ? “I do see a little more awareness, more communicating with the work- Professional Buried ers. We’re getting a big bang for Utility Locating Services what we’re doing,” he said. ➡ Complete service for locating sewer, water, gas, telecom and power As the Civil Construction Safety ➡ Fully trained, equipped and insured technicians Group grows its success, it is also ➡ “Utility clearing” service for boreholes and excavations 48-hour Response!! growing its membership. There are ➡ A reliable and prompt contracted solution for private service locates or an alternative to existing networks now over 160 companies in the ➡ Increase worker safety, reduce surprises, expedite your projects group, which makes it possible for the group to beat their own record Call 905-629-8959 or Fax 905-629-7379 E-mail: [email protected] Web: www.multiview.ca with an even larger rebate. ■ The Undergrounder / Spring 2004 • 11 Renewing Canada’s Water & Sewage Infrastructure

New Government is Good News By Cheryl Rego

arly indications from before the government used to talk will be spent. The other hurdle is new governments at the about roads and buildings.” She said deciding how much everybody is Federal and Provincial previous governments were more going to contribute. Provinces and levels mean that there is apt to conduct study after study on municipalities usually have to a good chance bi-level infrastructure renewal. match funds,” she said. These have Epartnerships on rebuilding infrastructure could happen soon. In “With the new Paul Martin government in fact, in Prime Minster Paul Martin’s recent throne speech he made refer- Ottawa, it is good news,” Hillary Dawson said. ence to a “new deal that targets the “Now they say sewer and water when they talk infrastructure needed to support about infrastructure, where before the government quality of life and sustainable growth.” used to talk about roads and buildings.” Hillary Dawson, an associate with StrategyCorp, said that Federal However, Dawson said that there been pretty difficult hurdles for past and Provincial governments have are some hurdles to be overcome governments to overcome, but Daw- already met and the talk on infra- before Federal and Provincial gov- son said both the Federal and the structure is finally coming around ernments start working together on Ontario government seem pretty to the right place. “With the new water and sewer infrastructure. “One serious about making something Paul Martin government in Ottawa, of the greatest barriers to these joint work. “All the signals from the new it is good news,” she said. “Now projects is the ability to come to a Minister of Public Infrastructure they say sewer and water when they compromise on who is going to Renewal, David Caplan, show they talk about infrastructure, where manage money and decide how it are serious about this. A comprehen- 12 • The Undergrounder / Spring 2004 the outcome of a Federal election, The Ontario government’s commitment seems to there might be similar moves from be sincere. The creation of the new Ministry of the Federal government. The OSWCA has been pushing for Public Infrastructure Renewal is a step in the right years for governments at all levels to direction. Minister Caplan promised, “…the pay attention to declining water and province’s water and wastewater systems will be sewer infrastructure. The Walkerton inquiry and subsequent report did reformed, upgraded and improved.” much to bring the issue to the public eye. Now, it seems that new Federal sive joint infrastructure plan is in a good possibility of a dedicated and Provincial governments might the works,” she said. sewer and water infrastructure fund be ready to take real steps towards Dawson said that in the Provin- on the Provincial side, and pending making a difference. ■ cial arena, the Ontario government is engaged in a capital review process looking at overall Provincial capital dollar needs. “The Minister [David Caplan] is committed to investigat- ing sewer and water infrastructure needs and focusing on this instead of just throwing money at infrastructure in general,” she said. The Ontario government’s commitment seems to be sincere. The creation of the new Ministry of Pub- lic Infrastructure Renewal is a step in the right direction. At an address to the Ontario Concrete Pipe Associa- tion, Minister Caplan promised, “We are going to improve water and wastewater service in Ontario.” Later, he got more specific when he said, “…the province’s water and wastewater systems will be reformed, upgraded and improved.” He said his Ministry is leading the development of a long-term strategy for water and wastewater investment that will help municipalities deal with this issue. Dawson said the time has come for Ontario and the Federal government to put some money behind water and sewer infrastructure. “There is more of an appetite for spending money on water and sewers. The Walkerton inquiry brought that out. In Hamilton there were major watermain breaks last year and things like this are beginning to get people’s attention,” she said. Although the Ministry would not confirm it, Dawson said that there is The Undergrounder / Spring 2004 • 13 ORCGA Damage Prevention Symposium was a Great Success

he 1st Annual ORCGA Damage Prevention Common Ground Alliance Executive Director; Ted Symposium was held on March 2nd and Dance, TSSA-ORCGA Strategic Division; and Bernard 3rd at the Delta Meadowvale in Missis- Moyle, Ontario Fire Marshal. sauga. Participants of the symposium On March 3rd a Panel Discussion, “Legislated One included the Ontario Sewer and Watermain Call and Compliance”, took place. On the panel were TConstruction Association, the Association of Ontario J.D. Maniscalco, Executive Director of the Utility Notifi- Land Surveyors, the Construction Safety Association of cation Center of Colorado; Larry Persons, Director of Ontario, Hydro One, the Ministry of Labour, the Network Management at Rogers Cable Inc.; Helle Tosine, Ontario Home Builders Association, TransCanada Assistant Deputy Minister, Operations Division with the Pipelines, TSH/TBE and the Technical Standards & Safe- Ministry of Labour; Jean P. Taillon, Senior Vice President ty Authority, just to name a few. of Operations for Bell Canada; Sam Morra, Executive There were presentations on Best Practices in the Director, OSWCA; and Mel Ydreos, Vice President of areas of public education and awareness, planning and Operations at Union Gas Limited. Ben Chin, anchor and design, mapping, one call centres, locating and mark- co-host of the current affairs magazine show Toronto ing, excavation, compliance, reporting and evaluation Tonight, moderated the panel. and insurance. Overall, the Symposium was a great success, and the Speakers who took part in the two-day event includ- participants look forward to the 2nd annual symposium ed Mike Scarland, ORCGA Chairman; Robert Kipp, in 2005. ■

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14 • The Undergrounder / Spring 2004 Status of Bill 175 – Still Waiting

By Cheryl Rego

on’t hold your breath waiting for regulations to Bill 175. Contrary to earlier promises that the draft regulations would be ready by late D2003, they are nowhere to be seen and the Ministry of the Environment doesn’t have a target date yet. Industry analysts say that the new Ontario government is still dealing with other water issues, and has- n’t even had the chance to consider dealing with the regulations. Bill 175, the Sustainable Water and Sewage Systems Act was passed by the Ontario Legislature in December 2002. Since then, groups in various sectors including the OSWCA, have been waiting for regulations on the Bill. Hillary Dawson is an Associate lobbyist at StrategyCorp. She has also spent many years working on public infrastructure issues. She said that the passage of Bill 175 provided a good framework for dealing with infrastructure, but it would have been better if it was put into legislation earlier. “The previous government didn’t [pass legislation] because some of the issues were controversial, such as cost recovery. They wanted to avoid that conflict pre-elections. They were already ham- mering municipalities with a lot of other costs,” she said. Dawson said the expectation was that the new Liberal government would move things along much quicker. There was added hope when Gord Miller, the Environmental Commissioner of Ontario, addressed the act in his annual The Undergrounder / Spring 2004 • 15 report and said, “The SWSSA is a Dawson said the government only related to this indirectly,” she welcome initiative from the Ontario promised consultation on the draft said. government in response to public regulations and everyone has been There are also budgetary reasons concerns about the safe and sustain- waiting for the consultation dates to why the government may be hold- able provision of water. The Act puts be announced. “We were expecting ing off on the regulations. Dawson in place a legal framework to sup- draft regulations a couple of months said that with a $5.6 billion deficit, port a comprehensive system of full ago. It really hasn’t worked out that the government might be waiting to cost accounting and cost recovery way. The Ministry of the Environ- see how much financial assistance planning that, in the long run, ment keeps saying that this is part of they can provide to smaller munici- should encourage greater water con- a greater strategy on water and they palities. In his report, Justice O’Con- servation and protection in have struck two committees on nor recommended that assistance be Ontario.” source water protection, which is given to smaller municipalities who do not have the population base to support full cost accounting. “They would hate to pass a set of regulations that would obligate them to CROWLE CROWLE large expenditure,” Dawson said. FITTINGS & SUPPLY LTD. SUPPLY (SIMCOE) LTD. From the sewer and water con- 407 Deerhurst Drive 31 Booth Street, RR#2 Brampton, ON L6T 5K3 Hawkestone, ON L0L 1T0 tractors’ perspective, Dawson said Tel: 905-793-2222 Tel: 705-487-9990 there are a few critical regulations Fax: 905-793-3919 Fax: 705-487-9994 that must be included. The first is in reference to full cost pricing. The OSWCA is focused on getting an actual date when full cost pricing STILL THE SAME APPROVED PRODUCTS should be phased in, instead of leav- AND QUALITY SERVICE FROM ing it up to municipalities. They sug- TWO FULLY OPERATIONAL LOCATIONS gest five to eight years as a phase-in period. Another discussion is the Manufacturers of: definition of full cost pricing and accounting. The sewer and water- • Cast Iron Test Fittings for Testing and main industry wants to avoid cross- Locating Municipal Sewer Connections, subsidization at all cost. For made in a full range of sizes instance, they say the revenue coming in from water being metered Exclusive Distributors of: should go to servicing the water systems instead of going into the gener- • AVK Hydrants and Valves al revenue coffer. Municipalities, on the other hand are loathe to have Distributors of: legislation that dictates how they • PVC Pipe and Fittings can spend the revenue they gener- • Ductile Pipe and Fittings ate. The OSWCA is also pushing for a dedicated reserve fund and manda- • Maintenance Hole and Catchbasin tory water metering. As well, they Frames and Covers want to entrench the user pay prin- • Related Sewer and Waterworks Material ciple into the regulations to promote transparency and conservation. Like OSWCA, other stakeholders have long discussed the regulations. For all your Waterworks Requirements, Call Now it is up to the government to set public hearing dates so that com- Brampton Hawkestone munication, consultation and com- Tel: 905-793-2222 Tel: 705-487-9990 promise on the regulations can begin sooner rather than later. ■ 16 • The Undergrounder / Spring 2004 NTARIONTARIO LASERLASER RENTALSRENTALSLTD.LTD. 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18 • The Undergrounder / Spring 2004 Ground-Penetrating By Cheryl Rego Radar ost civil contractors probably wish they had x-ray vision. The ability Adjusting equipment to pinpoint exact- settings at a GPR equipment (MALA Easy Mly where hidden elements lie under- Locator) demonstration in ground would save time and allow Niagara-on-the-Lake. project managers to breathe easier. We probably won’t have the super genetics for x-ray vision any time soon, but GPR (Ground-Penetrating Radar) might be the next best thing. produces. As well, it can detect non- back is that the equipment is fairly GPR is one tool used by SUE (Sub- metallic elements such as concrete or costly – but there are alternatives. surface Utility Engineering) providers plastic pipes. GPR gives readings on Equipment can be rented or you can for locating underground elements. the location, quantity, depth and rel- hire a qualified firm to complete the GPR is widely used throughout the ative size of the utility. The test is investigation for you. Our firm, US because of its accuracy, detail and non-destructive, so there is no need along with others, can use GPR to overall cost savings. A report done by to follow up on any restoration work. complete a subsurface investiga- Purdue University showed an average GPR has its limitations! The depth tion.” cost savings of $4.62 for every $1.00 of penetration of the radar impulses However, Arcand cautions against spent on obtaining more detailed is greatly affected by soil conditions. renting equipment unless the opera- utility information as part of a SUE Highly conductive soils such as satu- tor is experienced in GPR. “It is typi- project. rated clays restrict the radar impulses, cally not the type of equipment you GPR technology uses a specialized while highly resistive soils such as can expect to rent and use without antenna array to locate underground sands, bedrock and ice allow the any prior experience. It takes a utilities and conditions. The equip- impulses to penetrate to greater trained eye to know what you are ment works by emitting radar impuls- depths. Lawrence Arcand is a SUE es into the ground. The impulses Project Manager at TSH/TBE. “We then reflect as they interface with have used GPR successfully on pro- material having different electrical jects in Whitby and Port Stanley characteristic, such as from a con- where soil conditions were suitable crete pipe to soil. The reflected for GPR,” he said. “By reviewing the impulses are picked up by a reciever geotechnical report you can get some antenna and a computer records how idea of what the soil conditions are “loud” this echo is and how long it on site. That gives you an idea, ahead took to return to the antenna, and of time, whether it is going to be displays the information on a video effective or not.” screen. The raw data can be saved Some contractors may hesitate and then analyzed by technicians to using GPR because of its cost. The deliver accurate depictions of the sub- upfront costs for the equipment are surface. high, however there are alternatives GPR equipment (MALA Easy Locator) used to The benefits to GPR lie in level of to purchasing it. Arcand said, “The demonstrate designating the location of a buried accuracy and the detail of the data it one thing that may draw people telephone duct in Niagara-on-the-Lake. The Undergrounder / Spring 2004 • 19 looking for. To the untrained observ- cian. The best judge of competency bridges and pavements they main- er the screen may look like bunch of is the experience of the operator. Get tain. They have outfitted a cube van squiggly lines, but to a trained eye it a feel of what projects they have with antenna and radar. The van can reveals underground pipes, trenches, done in the past and how much GPR travel as as fast as 89 km/h while col- foundations and other structures,” work they have done on the pro- lecting data, so there is not even a he said. jects,” he advised. need to stop traffic. Arcand said contractors should GPR technology is being adopted Arcand said where soils make it look for experienced GPR techni- widely in other countries. In the US, possible, there is no equivalent to cians. However, he said that evaluat- the Federal Highway Administration GPR. “From our standpoint, there ing expertise is difficult because is using GPR for bridge and pave- are cost savings with getting subsur- there is no certification yet for GPS ment management, providing high- face utility information up front and technicians in Canada. “There is way agencies with the means to GPR is one of the tools that allows nothing like a certified GPR techni- quickly collect inventory data on all us to get it,” he said. ■

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20 • The Undergrounder / Spring 2004 said that, “Bill C-45 extends legal duties to a new level that will likely include foremen, lead hands, and even co-workers.” Furthermore, instead of having to prove intention, the Crown only needs to show the individual did not Bill C-45 Casts do everything they possible could to prevent the injury. Norman Keith is a partner in the law firm Gowling Lafleur Henderson LLP. “Bill C-45 has a Wide Net big implications for all OSWCA members, and they must be familiar with this law,” he said. Anyone directing the work of someone else is under a legal duty to take reasonable steps to prevent bodily harm arising from work to the peo- “Bill C-45 has big implications for all OSWCA ple they direct. Aside from legislating responsibili- members, and they must be familiar with this law,” ty, the Bill also makes it easier for Norman Keith said. Anyone directing the work of decision-makers to be found guilty of criminal negligence under the crimi- someone else is under a legal duty to take nal code if it can be proven they did not do everything they could to pre- reasonable steps to prevent bodily harm arising from vent an accident. In the case of a work to the people they direct. worker death, the maximum penalty for an individual convicted of criminal negligence is life imprisonment. By Cheryl Rego Bill C-45 provides a set of factors that a court takes into account when sentencing an organization. These n November 2003, the Canadi- “alter ego” of the organization. Fur- include any advantage realized by the an parliament passed legisla- thermore, this person needed to have organization as a result of the tion that for the first time the authority to set policy rather offence; the impact that the sentence makes it a criminal code than simply having the authority to would have on the economic viabili- offence for not taking reason- manage. As well, it had to be shown ty of the organization and the con- Iable steps to prevent workplace acci- that this person intended to benefit tinued employment of its employees; dents. Built on the heels of the the corporation by the crime. any regulatory penalty imposed on Westray Mine Disaster in Nova Scotia With C-45, the responsibility is the organization or one of its repre- when 26 miners were killed, Bill C-45 much more extensive. It establishes a sentatives in respect of the conduct casts a wide net. It extends the criminal code duty on “every one that formed the basis of the offence; responsibility to prevent workplace who undertakes, or has the authority, any penalty imposed by the organiza- accidents from co-workers to officers to direct how another person does tion on a representative for their role and directors of an organization. work or performs a task ... to take rea- in the commission of the offence; Before Bill C-45 was passed, corpo- sonable steps to prevent bodily harm any measures that the organization rations could only be found criminal- to that person, or any other person, has taken to reduce the likelihood of ly guilty if the “directing mind” of arising from that work or task.” Cur- its committing a subsequent offence. the organization had the necessary rent Occupational Health and Safety The Bill also gives special powers intent or state of mind. The “direct- statues across Canada place legal to the courts regarding probation in a ing mind” was defined as the person duties on employers, supervisors, conviction. In his paper, Keith said who holds enough authority in the workers, suppliers, directors and offi- those conditions include restitution; organization to be considered the cers. In a paper written in 2003, Keith publication; the establishment, com- The Undergrounder / Spring 2004 • 21 munication and implementation of BATTLEFIELD EQUIPMENT RENTALS Occupational Health and Safety policies; standards and procedures to COMPLETE RENTAL SOLUTIONS reduce the likelihood of the organization committing a subsequent Battlefield Equipment Rentals has a full offence; and the identification of the range of brand name tools and senior officer who is responsible for equipment for the sewer and watermain ensuring compliance. contractor. And because we rent newer In the wake of Bill C-45, organiza- equipment that is fully serviced by tions are being urged to review their expert mechanics, it’s ready to work health and safety programs. They are when you are. also advised to establish clear health and safety responsibilities within the • Daily, Weekly & Monthly Rentals organization and generally show real • Competitive Rates commitment to workplace health • On Site Delivery and safety. ■ • Fast, Knowledgeable Service

Battlefield Equipment can help you The Six Major Changes maintain the efficiency of your own that Bill C-45 brings equipment at a surprisingly low cost. We’ll do the work on-site or at our 1. Creates a legal duty to ensure safety, elevates the stigma and the penalty, professional service facility ... whatever lowers the threshold for an is most convenient for you. organization to be charged.

To contact your nearest Battlefield 2. Expands legal duty to more people in Equipment Rentals location, call the workplace - potentially to the foreperson, lead hands and co- 310-2000 workers. to speak to our rental specialists. Let us 3. Creates a requirement to prevent demonstrate how we can solve all your bodily harm, casts a larger net to equipment rental needs with the cover all persons that may be affected Right Tools. Right Place. Right Now. by work done (possibly the public), and raises the expectation regarding prevention. 4. If a company representative commits a serious Occupational Health and Safety offence, the organization can be charged with criminal negligence. “Corporation” is replaced by the term Reliable Equipment. Fast Service. Knowledgeable People. “organization”, which extends this legislation to unions, municipalities and partnerships. 5. More sentencing considerations such V. GIBBONS as advantage to the organization from CONTRACTING LTD. the offence, preventative measures taken by the organization, assets of SEWERS • WATERMAIN the corporation, cost of the EXCAVATING • RENTALS investigation and prosecution can be ROCK DRILLING & assigned. BLASTING 6. Probation Powers: courts can see the VAUGHN GIBBONS terms of probation, can make a senior President officer of the organization responsible P. O . B o x 4 0 Phone (905) 382-2393 for the probation requirements, and Ridgeway, ON Fax (905) 382-2706 can require progress reports. L0S 1N0 [email protected]

22 • The Undergrounder / Spring 2004 The Ontario Regional Common Ground Alliance By Cheryl Rego

t is uncommon to have stake- industries. The ORGCA has representa- They have already developed a draft holders from different industries tives from municipal government, “best practices” document. This is no sitting together discussing best excavators like the OSWCA, utilities, mean feat considering that most of the practices. Well, uncommon until telephone companies, and Internet decisions and much of the input now. The Ontario Regional and cable providers. “We began amal- comes from people who volunteer ICommon Ground Alliance (ORGCA) gamating groups some time ago. At their time at ORCGA, but have full encourages discussion between stake- first we had some utility people and time employment in their respective holders of various industries, all in an then we added some excavators. They industries. effort to develop best practices for used to blame each other and the first Mike Scarland, the chairman of the damage prevention to underground time we put them together, it was ORCGA’s Steering Committee, facilities. interesting. They realized they needed explained how the ORCGA was able to The ORCGA is a splinter group of the Common Ground Alliance in the Scarland said the power of a best practice is in the United States. The parent organization number of people who have helped put it together. “If you was formed as a task force with the mandate to validate the “Best Prac- say 40 to 50 stakeholders have worked on this, it pretty tices” in connection with prevention much holds a bar for anyone else. Any court is going to of damage to underground facilities. look at that and say this is the way you are doing things, Similarly the ORCGA is an organization dedicated to shared responsibility whether or not it becomes a regulation, the document is in damage prevention. The organiza- still a pretty powerful tool,” he said. tion seeks to enhance public safety, environmental protection and the consensus to solve issues. Every time complete a draft “Best Practices” docu- integrity of underground facilities by another group joins, you have the ment so quickly. “We had several promoting industry best practices in same effect. All the players are sitting groups that were meeting already. Ontario. at the table. They can’t blame each When we pulled these groups together The big difference between Com- other and are forced to answer each a lot them had already been working mon Ground Alliance and partners others’ concerns,” Scarland said. on best practices. We took the Com- such as ORGCA is its ability to put There is no doubt the organization mon Ground Alliance best practices together stakeholders from various is serious about making a difference. guide and kept the same format, but The Undergrounder / Spring 2004 • 23 amended the information. If you read the CGA best practices many of them apply in the US as well as here. The difference was the reference to legislation – a lot of procedures were litigation based. They have legislation that enables litigation and in Canada, that is not how we work things,” he said. Scarland said the power of a best Construction INSURANCE AND SURETY SPECIALISTS practice is in the number of people who have helped put it together. “If you say 40 to 50 stakeholders have worked on this, it pretty much holds a bar for anyone else. Any court is L o ndon WATERLOO T o r o nto going to look at that and say this is Jon Tondeur, P.E ng JEFF KIENAPPLE Frank DiIlio Bart Porter IAN PIGNATELLI 11 Cidermill Avenue the way you are doing things, 400 - 250 York Street 100 - 20 ERB STREET WEST Concord, ON L4K 4B6 London, ON N6A 6K2 WATERLOO, ON N2L 1T2 905.760.5569 whether or not it becomes a regula- 519.646.5800 519.772.0972 tion, the document is still a pretty powerful tool,” he said. Scarland said there are currently approximately 40 to 50 organizations that contribute their time to the organization. The best practices draft was done with their input by a core group of eight to ten corporations. Scarland SPECIALIZING IN ALL YOUR said ORCGA is not satisfied and is NEEDS FOR WATERWORKS AND looking to expand industry involve- SEWER SUPPLIES ment further. The organization held a symposium on March 2nd and 3rd, FOR QUALITY SERVICE, CALL 2004. The purpose was to have even (905) 832-9222 more industry stakeholders review OR FAX US AT: and comment on the “Best Practices” (905) 832-0202 draft. Prior to the symposium, Scarland 115 RODINEA RD., UNIT #2 said organizations who want to have MAPLE, ON L6A 1R5 an impact on the best practices final document should attend. “At the symposium we are going to hand out a copy of the draft. We will have presentations by type of best practice. We want participants to take a look at the best practice and the action plans. They give their feedback at the ses- sions and they can also come to the next meeting to give input. The whole focus is to drive more input into the best practices,” he said. There are about 180 best practices developed by ORCGA. Scarland said if there are no major concerns then the Best Practices would be voted in, and RENTALS • SERVICE • SALES then companies would be encouraged TEL.: (905) 844-7831 1363 CORNWALL ROAD, OAKVILLE, ONTARIO FAX: (905) 844-5122 to follow them. ■ 24 • The Undergrounder / Spring 2004 Buyers’Guide & Trade List

ACCOUNTANTS/MANAGEMENT CONSULTANTS MARINE CONTRACTORS PRECAST STRUCTURES Rosenberg, Smith & Partners ...... 18 McNally Construction Inc...... 8 Anchor Concrete Products Ltd...... 13 Concord, ON Hamilton, ON Kingston, ON AGGREGATES PIPE SUPPLIERS PRE-CONDITION SURVEYS FPL Aggregates...... 20 Hanson Pipe & Products Cda. Inc...... 10 Oza Inspections Ltd...... 26 Mount Albe, ON Cambridge, ON Grimsby, ON Hard-Co Sand & Gravel/Construction...... 18 Ideal Pipe...... 14 PUMPS Whitby, ON London, ON ITT FLYGT ...... 4 BARRISTERS & SOLICITORS Royal Pipe Systems ...... 11 Point Claire, QC Mathews, Dinsdale & Clark C/O, MDC Law ...... 8 Woodbridge, ON SEISMOGRAPH MANUFACTURERS Toronto, ON POLYETHYLENE PIPE SYSTEMS Oza Inspections Ltd...... 26 BONDING & INSURANCE Sandale Utility ...... 25 Grimsby, ON Cunningham Lindsey Canada Limited ...... 18 PRECAST CONCRETE PRODUCTS SEWER & DRAIN INSPECTION Hamilton, ON Anchor Concrete Products Ltd...... 13 Eye-View Drain Services Ltd...... 20 St. Paul Guarantee Insurance Company ...... 17 Kingston, ON Bolton, ON Toronto, ON M-Con Products Inc...... 8 Stevenson & Hunt Insurance Brokers Ltd...... 24 Carp, ON London, ON The Guarantee Company of North America...... 25 North York, ON CLAIMS INVESTIGATION SERVICES Oza Inspections Ltd...... 26 Grimsby, ON CONCRETE PRODUCTS Anchor Concrete Products Ltd...... 13 Kingston, ON Coldstream Concrete Ltd ...... 26 Ilderton, ON CONSTRUCTION Carillion Canada Inc...... 18 Toronto, ON CONSTRUCTION LASERS Direct Equipment Ltd...... 24 Oakville, ON Ontario Laser Rentals Ltd...... 17 Etobicoke, ON CONSTRUCTION PRODUCTS Armtec Limited ...... Inside Back Cover Guelph, ON CONTRACTORS Aecon Utilities ...... 26 Brampton, ON Drexler Construction Ltd...... 17 Rockwood, ON CONTRACTORS – SEWER & WATERMAIN V. Gibbons Contracting Ltd...... 22 Ridgeway, ON ENVIRONMENTAL ENGINEERING (EQUIPMENT SALES) CH2M Hill ...... 20 Toronto, ON Sandale Utility Products ENVIRONMENTAL SERVICES 1 Oza Inspections Ltd...... 26 • Specializing in sizes 2 " to 54" for gas, water, sewer and industrial Grimsby, ON applications EQUIPMENT FINANCING & LEASING • Sandale Utility Products is a distributor for Performance Pipe (formally John Deere Credit Inc...... 26 Phillips Driscopipe & Plexco/Chevron) polyethylene pipe and fittings Burlington, ON Distributor for: EQUIPMENT SALES, RENTAL & SERVICE • McElroy Fusion Technologies Inc. fusion equipment sales and rentals Battlefield Equipment Rentals...... 22 • Perfection risers and transition fittings Hamilton, ON • Footage pipe accessories such as squeeze-off tools, pull heads, socket and Ontrac Equipment Services Inc...... 6 sidewall fusion equipment and pipe cutters Mississauga, ON • Pietro Fiorentini valves, measurement equipment, pressure control products and gas conditioning equipment. EXCAVATING Ontario Excavac ...... 26 Milton, ON FUELS & LUBRICANTS POLYETHYLENE PIPE SPECIALISTS R. Kidd Fuels Corp...... 26 Etobicoke, ON GROUNDWATER CONTROL If you have any inquiries please contact us at: Atlas Corporation (The) ...... Outside Back Cover Concord, ON ALBERTA ONTARIO QUEBEC ATLANTIC CANADA Tel.: (403) 720-0288 Tel.: (519) 754-1366 Tel.: (450) 699-9819 Tel.: (902) 468-2020 HEAVY EQUIPMENT SUPPLIERS Fax: (403) 720-0020 Fax: (519) 754-4576 Fax: (450) 699-8906 Fax: (902) 468-1951 Toromont Cat...... Inside Front Cover Concord, ON

The Undergrounder / Spring 2004 • 25 SHORING Beacon Lite Ltd...... 17 VIBRATION & NOISE CONSULTANTS Direct Equipment Ltd...... 24 Ottawa, ON Oza Inspections Ltd...... 26 Oakville, ON Stinson Equipment Ltd...... 18 Grimsby, ON Ontario Laser Rentals Ltd...... 17 Concord, ON VIDEO PIPELINE INSPECTION EQUIPMENT & Etobicoke, ON TRENCH BOXES SOFTWARE STORAGE TANKS & RESERVOIRS Direct Equipment Ltd...... 24 Cues Inc...... 18 Anchor Concrete Products Ltd...... 13 Oakville, ON Mississauga, ON Kingston, ON Ontario Laser Rentals Ltd...... 17 WATERJETTING & INDUSTRIAL VACUUMING SURETY BONDS Etobicoke, ON Aquablast Corp...... 8 Ajax, ON St. Paul Guarantee Insurance Company ...... 17 TUNNELING CONTRACTORS & ENGINEERS Toronto, ON McNally Construction Inc...... 8 WATERWORKS PRODUCTS SUPPLIERS Stevenson & Hunt Insurance Brokers Ltd...... 24 Hamilton, ON Crowle Fittings & Supply Ltd...... 16 Brampton, ON London, ON UTILITY LOCATING & MAPPING SERVICES The Guarantee Company of North America...... 25 Multiview Locates, Inc...... 11 Wamco Supply Inc...... 24 North York, ON Mississauga, ON Maple, ON TRAFFIC CONTROL PRODUCTS VACUUM EXCAVATING Anchor Concrete Products Ltd...... 13 Ontario Excavac ...... 26 Kingston, ON Milton, ON

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