Greater Toronto Sewer and Watermain Construction Association - News And Events

Municipalities approve Barrie Hydro-PowerStream Merger

2008-10-08T00:00:00Z

BARRIE, MARKHAM & VAUGHAN, ON – October 2, 2008 – The Councils of the Town of Markham, the City of Barrie and the City of Vaughan have all endorsed an agreement which will merge PowerStream, an electricity distribution company jointly owned by the City of Vaughan and the Town of Markham, with Barrie Hydro, a utility owned exclusively by the City of Barrie. The decision to move forward on this utility merger has been in the works for several months.

A business case analysis conducted by KPMG on the proposed merger concluded that efficiencies realized through combining assets and achieving economies of scale would net a new merged entity annual savings in excess of $5 million. The analysis also indicated that a merger will facilitate increases in dividends paid to shareholder municipalities while helping to reduce the upward pressure on customer distribution rates.

The merger agreement, which still requires regulatory approval from the Ontario Energy Board, has the City of Vaughan and the Town of Markham respectively owning 45.3 and 34.2 percent of the merged utility with the City of Barrie having a 20.5 percent share. (read more...) http://www.markham.ca/Markham/Departments/NewsCentre/News/081002_barriehydro.htm

Ambitious new public transit plan for the GTA thin on funding details

2008-10-03T00:00:00Z

Regional transportation agency won't discuss long-term financing options for five years

Oct 03, 2008 04:30 AM

Andy Manahan

Metrolinx, the provincial agency mandated by Queen's Park to develop a regional transportation plan, formally presented a draft plan at its meeting on Sept. 26. Chair Rob MacIsaac and the rest of the Metrolinx board are to be commended for delivering a plan that will result in significant transportation improvements in the Greater Toronto and Hamilton areas.

Although the transportation plan, branded as "The Big Move," envisions a massive $50 billion expansion of the public transit system over 25 years, the plan contains an expenditure of only $11.5 billion. This is the amount committed by Premier Dalton McGuinty in June last year, before the Ontario election, and known as "MoveOntario 2020."

Where is the remaining $38.5 billion to come from? Part of the MoveOntario announcement contemplated a $6 billion share from the federal government but to date there has been no sign from the Harper Conservatives that there will be any further allocations until already announced funding has been spent.

It is most unfortunate that the Metrolinx board, and by extension the province, has decided to defer consideration of long-term financing options until 2013. Despite a plea at the September board meeting by Paul Bedford, the only citizen director, to begin a process of public dialogue now rather than wait another five years, no other board members voiced a dissenting opinion on the postponement.

MacIsaac has stated that the public will be more receptive to new funding tools once there are tangible projects in place. But there are potential problems with this strategy. Will the required expenditures be made in a timely fashion or will there be delays in the release of funds for these vital transportation projects due to the current economic turmoil?

Somewhat reassuringly, McGuinty has indicated that the $11.5 billion in funding has already been set aside and that he wants to see "shovels in the ground" as soon as possible. In the fall economic statement to be delivered by Ontario Finance Minister Dwight Duncan on Oct. 22, we will get a better insight into the state of provincial budget projections, but "restraint" will probably be the rallying cry. It would restore my confidence if the finance minister announced that at least $2 billion per year will be invested over the next five years in order to realize the MoveOntario commitment.

The premier has been a strong advocate for the innovation agenda and progressive road-pricing mechanisms are now being implemented in other jurisdictions that use GPS technology. In fact, a firm based in Toronto is on the leading edge of these developments. Major cities and countries around the world recognize that a diverse set of funding tools is necessary to foster a competitive economy by targeting these funds to transportation and other infrastructure projects.

So, why are the people around the premier playing it safe rather that acting in a bolder fashion? Electoral cycles often dictate how aggressive a government is with new measures and waiting until 2013 means that the 2011 provincial election can safely be held without having a controversial debate on road pricing and other potential solutions.

Polls have suggested that the public is not ready to fully embrace toll roads or other transportation demand-management measures. But is the public prepared for ever-worsening gridlock over the coming years? Probably not, and the result could be lost opportunities by firms where locational decisions are influenced by mobility measures.

Rather than conduct simplistic polls asking whether someone is in favour of a new tax or not, it would be better to survey the motoring public and the goods movement sector on how important it is to save time, be more productive and less stressed out by paying user-type fees.

From my understanding, customer satisfaction surveys for Highway 407, as well as other toll roads around the world, indicate that there is high satisfaction with tolled facilities. Increasing ridership numbers – even with progressively higher fees per kilometre on the 407 – would appear to bolster that argument.

Harry Kitchen, who authored a report on financing transportation earlier this year for the Residential and Civil Construction Alliance of Ontario, stated that there would be resistance to new road-pricing schemes but that heading to more of a direct user-pay approach is the most appropriate way to ensure sustainable transportation revenues in the Greater Toronto and Hamilton areas.

Public consultation will be held on the draft Metrolinx plan later this fall in seven centres. I would encourage those who are interested in the future of this region to attend one of these public sessions and provide feedback on the plan priorities as well as to discuss new transportation funding tools.

Even though it is clear that new funding measures for highways, roads and public transit infrastructure will not be implemented soon, there is no legitimate reason why the public and businesses should refrain from having an intelligent – and bold – dialogue on these matters.

Andy Manahan is the executive director of the Residential and Civil Construction Alliance of Ontario. Over the past two years, the association has commissioned three independent research papers on transportation issues that are available at rccao.com.

For equal dollars on infrastructure

2008-09-29T00:00:00Z

September 29, 2008

Like the rest of the country, Ontario is suffering from crumbling infrastructure - roads, bridges, subway, power plants and lines, water and sewer systems - and struggling to find the money to rebuild.

"Building infrastructure is crucial to Ontario's future," Premier Dalton McGuinty said in a letter to the federal party leaders last week. "By investing in infrastructure, governments can create jobs in the short term and build a stronger economy in the long term."

To address the infrastructure demands across the country, the Conservative government in Ottawa has established the "Building Canada" plan to distribute some $33 billion in funding over seven years.

Some of that is old money that has been repackaged, such as the dedication of a share of the federal gasoline tax to municipalities. That was an initiative of the previous Liberal government in Ottawa.

But some of it is new money, including $8.8 billion for "key national priorities" and $8 billion from the extension of the gasoline tax fund beyond its expiry date of 2009 to 2014.

"Funding will be allocated for projects in the provinces and territories based on their population," says the Building Canada website.

But the allocation for Ontario - announced last summer with some fanfare - is $6.2 billion, or about $970 million short of what the province should be entitled to on a per-capita basis, according to Queen's Park officials.

That $970 million would be enough to pay for plans to add a third track to parts of the busy Lakeshore West GO line and provide other improvements to GO service.

In the past, when Ontario's economy was booming and leading the way in Canada, the province could have overcome such a shortfall without complaint. But today, while Ontario taxpayers still send billions to the "have-not" provinces in the form of equalization payments, this province is suffering economically under the combined weight of a high dollar, high energy prices and a slumping American economy.

In these circumstances, Ontario should not have to accept less than its fair share of federal infrastructure funding. The party leaders ought to reply to McGuinty's letter and spell out what they would do to ensure that fairness prevails.

Urban pleas receive scant attention

2008-09-24T00:00:00Z

The Toronto Star
Sun 21 Sep 2008
Page: A08
Section: News
Byline: Vanessa Lu and Jim Byers
Source: Toronto Star

Municipal politicians keep harping on the desperate need to invest in city sewers, transit and affordable housing, but are the federal leaders listening?

With four out of five Canadians living in big cities, it's surprising urban needs haven't been front and centre this campaign, overshadowed by the economy, the environment and the war in Afghanistan.

Even pooping puffins have garnered more media attention than Montreal's crumbling bridges, Toronto's need for transit or Calgary and Vancouver's housing crises.

Mississauga Mayor Hazel McCallion issued a call to action early in the campaign, accusing the Liberals and Conservatives of failing to help cities, suggesting the $300 million price tag for the election would be better spent on things like buses and bridges. Ignore cities at your peril, thundered McCallion.

It appears the growing chorus of city complaints is being heard, if only a little.

Stephane Dion and the Liberals promised $70 billion over 10 years for infrastructure, including $8 billion for a national transit strategy, plus a special fund when Ottawa has a surplus of at least $3 billion.

The Green Party has committed to dedicating the equivalent of one cent of the GST for cities to use on everything from streetcars to sewage plants that would help clean polluted waterfronts.

The NDP has talked about daycare and seniors' care and it's likely only a matter of time until leader Jack Layton, who represents downtown Toronto, unveils a plan to help Canada's beleaguered cities.

Halton Region chair Gary Carr thinks the parties are realizing how many crucial votes there are in the 905 and 416 areas, and are slowly addressing issues of concern like child care and housing.

"There's a real anger and frustration among municipal leaders that we're not being listened to," Carr said. But more mayors and chairs are speaking with a collective voice to get their demands.

Halton and Peel have created questionnaires asking all local federal candidates to state what they would do on issues such as infrastructure, housing and health care.

Will this force the Tories - whose Finance Minister Jim Flaherty famously said Ottawa isn't in the pothole business - to jump on the cities' bandwagon?

Probably not, observers say.

"They don't have to," said Nelson Wiseman, professor of political science at the University of Toronto.

"If they sense, 'We can win by running against the other guy,' why promise anything, especially if things are getting tougher (in the economy)?" he said.

Myer Siemiatycki, a Ryerson University politics professor, thinks the parties don't want to appear to be helping urban Canada, especially Toronto. "I think there is an aversion to appearing to be excessively big-city focused. The anti-Toronto sentiment plays into some of this.

"All of these urban agenda items cost money and you're racking up high costs here," Siemiatycki said. "There's an aversion to being seen as big spenders, and especially spending it on the big-city slickers."

But the flip side is that doling out cash may actually aid the economy.

"When we build public transit in Toronto, people in Thunder Bay and Mississauga get jobs and employment, high-technology jobs, good manufacturing jobs," said Toronto Mayor David Miller. "And in a time of economic uncertainty we should be building our infrastructure, meeting our needs and creating those Canadian jobs."

When Dion made his infrastructure announcement on Thursday, Miller was delighted, saying "it's far and away the most significant announcement that's been made."

However, he said there was still time for the other parties to step up, adding he expects the New Democrats to offer up their plan for cities.

He has criticized the Tories' $33 billion cities fund, calling it "mostly a renaming of previous funds."

Siemiatycki says the only way the issue will move to the front burner is with a larger chorus. "The push is going to have to come from municipal politicians, but also from local businesses and chambers of commerce. They are the ones who understand best what the economic cost is of gridlock, poor transportation and insufficient housing."

Regina Mayor Pat Fiacco, past chair of the big-city mayors' caucus of the Federation of Canadian Municipalities, isn't optimistic.

"It doesn't resonate with the average citizen," he said, "as long as streets are getting paved, as long as water is coming out of that tap uncontaminated, as long as the garbage is being picked up, as long as there is fire and police service and transit are taken care of."

Fiacco worries that it may take a crisis before federal politicians will act. It might be a massive bridge collapse like the one in Minneapolis, or residents sickened by contaminated water, he said.

"I hope it doesn't get to that point. I want to warn Canadians that unless the cities and communities agenda is on the forefront, a couple years from now, it will be a crisis."

Illustration:
• Mississauga Mayor Hazel McCallion has issued a call for help for cities. Halton Region chair Gary Carr says more mayors are speaking out. Investing in cities is good for the economy, says Mayor David Miller. Halton Region chair Gary Carr says more mayors are speaking out. Investing in cities is good for the economy, says Mayor David Miller.

Idnumber: 200809210007
Edition: Ont
Length: 804 words

Fuel Escalation Initiative - URGENT - Your Attention is Needed!

2008-07-18T00:00:00Z

As previously announced, the OSWCA and GTSWCA are undertaking a joint study through the accounting firm KPMG in support of our efforts to persuade municipalities and property owners to include a fuel price escalation clause as a standard contract term for sewer and watermain construction work.

To address concerns about fuel consumption for sewer and watermain projects, we have developed an internet based confidential survey but we need all sewer and watermain contractors to enter the data. As of July 17, we have had zero responses from contractors. The sooner that contractor members enter their relevant data, the sooner we will have the results. Please complete the survey by no later than Wednesday, July 23, 2008. The survey is accessible without passwords via the internet at:

https://www.surveys.kpmg.com/mmi/2w6F94C/Link.html

We have established a 'Frequently Asked Questions' link on the survey form and will update it as needed. For any additional questions on this survey please contact the Association at 905-629-7766 or Simon Harding of KPMG on 416-777-8973.

Contractors should not think that the recent drop in fuel prices will remain. It usually goes up faster than it comes down. Please fill out the survey at your earliest convenience.

Flooding makes for stinky mess; Tuesday's storm caused sewers near Sunnyside to overflow and spill sewage into the wading pool

2008-07-10T00:00:00Z

A 50-year-old piece of Toronto's sewage system wasn't up to the challenge of Tuesday's storm, leaving Sunnyside beach closed with no opening day in sight.

"The system is not designed to deal with such extreme floods. It exceeds the capacity of our resources," said Michael D'Andrea, the city's director of water infrastructure management, after sewage spilled out on Lake Shore Blvd. near Parkside Dr.

D'Andrea said water samples from the area will be tested regularly for the presence of E. coli. He couldn't say when the beach would be reopened. (read more...)

http://www.thestar.com/News/GTA/article/457660

Street is busy waterway with a buried problem

2008-06-11T00:00:00Z

A small water leak on Markham St. is becoming a big source of irritation for people living around it.

Kristen Campbell emailed to say she's been trying for ages to get the city to do something about the water bubbling up out of the asphalt on her street, north of Dundas St. W. and west of Bathurst. (read more...) http://www.thestar.com/article/440946

Stolen Equipment Theft & Site Security Seminar

2008-05-23T00:00:00Z

Members are invited to take part in this awareness seminar on Stolen Heavy Equipment Theft and Site Security which will provide assistance to our members as we enter into the heaviest part of the construction season.

Tuesday, June 10, 2008 - 8:30am - 11:00am

Courtyard by Marriott Brampton, 90 Biscayne Crescent, Brampton

This is a complimentary seminar to all OSWCA members. If you are interested in attending, please fill out the form below and return to the Association office.

GTSWCA Makes a $150,000 Pledge to SickKids Foundation

2008-02-29T00:00:00Z

On Thursday, February 28, 2008, the GTSWCA presented their commitment to the SickKids Foundation of $150,000 to support the redevelopment of the SickKids Operating Suites, in commemoration of the GTSWCA's 50th Anniversary.

City of Toronto Lobbyist Registration System

2008-02-11T00:00:00Z

A new City of Toronto bylaw came into force as of Monday February 11, 2008 requiring advance registration of persons engaging in certain types of communications with a municipal official regarding a pending municipal decision.

The purpose of the Lobbyist Registry is to enhance the integrity and impartiality of the City's decision-making processes by making lobbying activities open and accessible to the public. The City of Toronto’s new Lobbyist Registry keeps track of who talks to whom about what, and makes that information available to the public on the internet. Information about the registry and access to online registration are available over the internet at www.toronto.ca/lobbying/.

“Municipal officials” include the Mayor, Councillors and their staff, all City of Toronto employees, members of most local boards and agencies, their staff and employees, and members of advisory boards and committees. There are a few exceptions such as staff of the Toronto Police Services Board and the Toronto Public Library.

The lobbyist registry requirements do not generally apply to requests by the City or city officials for public comments. You would not need to be registered for routine matters such as: tendering a city owned construction project; applications for most building permits; or to complain about fees, taxes or the lack of snow removal on your street. Violations are punishable by fines up to $25,000 for a first offence and up to $100,000 for subsequent offences.

The GTSWCA has been registered as a lobbyist under the new bylaw. If you plan to initiate communications with City of Toronto officials on behalf of your own company, you should identify and complete any required registration. If you plan to initiate communications with City of Toronto officials on behalf of the GTSWCA, please contact our office to ensure that your proposed actions are permitted under our current registration.

MILLER PAVING LTD. v. B. GOTTARDO CONSTRUCTION LTD. - Ontario Court of Appeal Decision

2007-10-26T00:00:00Z

The plaintiff/appellant Miller Paving supplied materials to the defendant/respondent B. Gottardo Construction on a highway project in 2001. On December 20, 2001 the parties signed an agreement in which Miller acknowledged that it had been paid in full for all of the mateirals that it had supplied for the project. Miller subsequently discovered that it had inadvertently failed to bill Gottardo for several deliveries and therefore rendered a further invoice for more than $440,000. At trial, the court found that the December 20 agreement was a complete bar to Miller's claim. Miller appealed the trial court decision to the Ontario Court of Appeal.

The Court of Appeal dismissed Miller's appeal. In considering whether to apply the doctrine of common mistake, the court should look to the contract itself to see if the parties have provided for the risk of mistake. If they have, that will govern. If they have not, as in the instant case, the plaintiff must show that the mistake had fundamentally altered the nature of the contract. The subject matter of the agreement in this case was the release of the defendant against any further claims for materials delivered, and the mistake did not alter the essence of that agreement. Secondly in order to obtain relief from the courts, precedent decisions imply that the plaintiff had the burden of showing that the mistake was not Miller's fault. The trial court found that the mistake arose due to unexplained errors in Miller's procedures and was not in any way the responsibility of Gottardo. The court determined that given the facts of this case, it should not set aside the December 20, 2001 agreement for common mistake.

Text of the court decision is available via the internet at http://www.ontariocourts.on.ca/decisions/2007/june/2007ONCA0422.htm

www.drinktap.org

2007-09-21T00:00:00Z

The American Water Works Association (AWWA) has developed an informative website designed to proivde you with information on water resources and service.

Please visit their site at www.drinktap.org!

Heat Stress Awareness Guide

2007-08-08T00:00:00Z

The Occupational Health and Safety Council of Ontario has released a new Heat Stress Awareness Guide. Recognize the symptoms of heat stress, download a copy of the guide today.

Crumbling Water and Sewer Systems Threaten the GTA, Government Must Repond in Innovative New Ways

2007-07-24T00:00:00Z

TORONTO (July 24, 2007) – Massive capital spending is needed if the Greater Toronto Area is to continue to provide safe and reliable water and sewer systems for its residents. Yet according to two new reports, the required investments will likely not occur unless the municipalities and other levels of government dramatically change the way they do things.

Commissioned by the Residential and Civil Construction Alliance of Ontario (RCCAO) and released today, the reports contain some startling observations and conclusions:

• Billions of dollars of capi¬tal investment will be required to build new roads, water and sewer networks in the GTA (the GTA Task Force estimated in 1996 that some $55 billion would be needed over 25 years).

• Most municipalities in the GTA rehabilitate significantly less than one per cent of their water and sewer assets annually. The systems are deteriorating faster than current rehabilitation rates.

• Much of the infrastructure is already operating beyond its useful life. In Toronto, for example, 20 per cent of all water mains are now more than 80 years old.

• Leakage from water pipes has more than doubled over the last three decades. This is a waste of a valuable resource. It also results in higher consumer prices and unnecessary energy consumption and green house gas emissions.

• Federal and provincial grants for water and sewer systems in the GTA have virtually dried up, accounting for only about one per cent of capital spending on this infrastructure in 2005 compared to 12 per cent in 1995.

• At the same time, there has been a downloading of services from the provincial and federal governments. Municipalities have been given added responsibilities without the added revenues. In fact, while federal and provincial government revenues grew by 30 per cent or more between 1995 and 2001, local government revenues rose at less than half that rate.

• There is no coordination between the municipalities in the GTA in planning and managing this infrastructure.

• Capital spending decisions are driven mostly by short-term political considerations rather than long-term planning goals.

“The deteriorating water and sewer systems are due to years of deferred maintenance, ad hoc financing, lack of long-term plans, technical and administrative inefficiencies, layers of bureaucracies, and overlapping and conflicting regulations,” said Tamer El-Diraby of the civil engineering department at the University of Toronto and author of the report on water and wastewater asset management.

Harry Kitchen, economics professor at Trent University and author of the report on financing, noted that consumers pay far less for water than what it actually costs. “That’s because, historically, the municipalities have not included asset replacement costs in calculating their water rates. The impact has been an inability to maintain and upgrade these systems.”

Some of the key recommendations in the two reports are metering, full-cost pricing, and greater private-sector participation. With metering, consumers pay for the amount of water they use. This promotes conservation. As well, metering allows the application of variable rates in order to reflect the season of the year or time of day of water use.

Full-cost pricing ensures that water and sewer charges to the consumer reflect all of the costs of providing these services, including capital costs such as upgrades and system enhancements. Greater private-sector participation is urged because it offers new sources of capital, introduces competition into the public sector, and helps reduce costs.

“Although there is little experience in Canada, evidence from the United Kingdom indicates that private-sector participation produced average savings of 17 to 20 per cent compared to conventionally provided public infrastructure, even though private-sector borrowing costs were higher,” Kitchen noted in his report.

The asset management report offers some interesting governance ideas. For example, public utility corporations could be established to manage these assets with some level of local government oversight – thereby striking a balance between the accountability of elected officials and the need to reduce politics in planning and decision-making.

The utility corporations would be responsible for meeting a clear set of performance standards. These standards would be set out in legislation, and funding from senior levels of government would be tied to meeting these standards. As well, Regional Sustainability Agencies (RSAs) could be created with responsibility for establishing regional plans, and Provincial Infrastructure Banks (PIBs) could be formed to leverage public funding by attracting private investment.

Andy Manahan, Executive Director of the RCCAO, said the association commissioned these reports “in the hope that they stimulate debate on ways to increase investment in vital water and sewer infrastructure, not only in the GTA but across Ontario. The old ways of doing things no longer work. We need to consider some fresh approaches.”

The two reports are available on RCCAO’s website – www.rccao.com – and are titled Water and Wastewater Asset Management in the GTA: Challenges and Opportunities (by Tamer El-Diraby) and Financing Water and Sewer Systems in the Greater Toronto Area: What Should be Done? (by Harry Kitchen).

The RCCAO is an alliance composed of management and labour groups in the construction industry. Its goal is to work in cooperation with governments and related stakeholders to offer realistic solutions to a variety of challenges facing the sector.

– 30 –

For further information, visit www.rccao.com or contact:

Andy Manahan
Executive Director
RCCAO
905-760-7777 (office)
416-904-7013 (cell)

Robert Stephens
PR POST
416-777-0368

Municipal Liability for Sewer and Water Pipe Failures ... Despite Statutory Authority and Immunity

2007-03-01T00:00:00Z

Introduction

There is nothing more fundamental to human society than access to water and safe disposal of human waste and wastewater. In the January 2007 edition of the British Medical Journal, readers of that publication considered the introduction of clean water and sewage disposal piping systems as the greatest medical advance since 1840. In most Canadian urban areas...

Press Release: Municipalities Increasingly 'On the Hook' for Damages Resulting from Poorly Maintained Water and Sewer Pipes

2007-03-01T00:00:00Z

(Toronto March 1, 2007) – Increasingly, Canadian homeowners and businesses are successfully suing municipalities for damages resulting from sewer and watermain failures, and local governments had better wake up to the fact that their aging underground pipes pose serious risk of liability.

That’s the conclusion of well-known Toronto environmental lawyer Dianne Saxe who reviewed recent statutes and case law. In her report, commissioned by the Ontario Sewer and Watermain Construction Association (OSWCA), she says municipalities face civil suits and even quasi-criminal prosecutions if they fail to adequately inspect, maintain, repair and replace their aging underground infrastructure.

“This may come as shock to many municipalities because they believe they are protected by statutory authority and statutory immunity. Not so,” notes Saxe. Her paper cites several cases where municipalities (such as Ottawa, Kenora, Stratford, Port Alberni, Thunder Bay and Gloucester) have been held responsible for property damage resulting from sewer and drain backups and broken water mains.

In many municipalities, the sewer and water pipes have not been repaired or replaced on a timely basis. The water infrastructure deficit in Ontario has been estimated at between $11 and $18 billion. In many cases, the pipes have long surpassed their maximum life expectancy. In Toronto, for example, about 500 kilometres of pipe are over 100 years old and the average age of Toronto pipes is over 50 years old. Other Ontario municipalities have water systems of comparable age.

“The underground water and wastewater infrastructure has suffered from decades of neglect,” said Frank Zechner, Executive Director of OSWCA. “When budgets are tight, it is tempting for local politicians to defer inspections, maintenance, repair and replacement of pipes. But now they may end up paying a far bigger price by ignoring the problem.”

According to Saxe, municipalities providing water and sewer services owe a duty to take reasonable care in construction, maintenance and operation of the system. If they breach this duty of care, they become vulnerable to claims of negligence.

Water and sewer pipe failures can cause damages such as flooded homes and businesses and disrupt other vital services. In Toronto last year, for example, two separate sinkholes had estimated repair costs of several million dollars each, quite apart from the disruption to homeowners and the lost business of nearby stores and restaurants. Another failed water main flooded a telephone control room and knocked out phone service for thousands of customers for almost a week.

As well, these malfunctions may result in violations of federal and provincial laws, such as the Fisheries Act and Ontario’s Environmental Protection Act which prohibit spills of contaminants, including sewage, into lakes and rivers. In these cases, municipalities have been convicted of quasi-criminal offences.

In high-rise condominiums and apartment buildings, water sprinkler systems are the first and often the only line of defence against fire. If the water system is compromised because of a negligent break in the main, Saxe says the municipality may be held responsible for damage and even injury.

Poorly maintained pipes may also run afoul of other statutes. For example, Ontario’s Safe Drinking Water Act mandates that potable water must meet prescribed quality standards. The Ontario Water Resources Act requires sewage works to be maintained in good repair at all times.

“Cities and towns can not hide behind statutory immunity,” states Zechner. “Unless municipalities begin to address this very serious problem, they’re going to be facing a growing number of lawsuits, class actions, and charges in the future.”

OSWCA has been representing sewer and watermain construction contractors across the province for more than 35 years, and currently serves over 700 member companies. It is a champion of environmental protection and best practices in safety and water system management.

Go to www.oswca.org to view the full report.

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For more information, contact:

Frank Zechner
OSWCA
905-629-7766 (office)
416-319-2004 (cell)

Robert Stephens
Dena Fehir
PR POST
416-777-0368