OPEN LETTER BY THE CRANE RENTAL ASSOCIATION OF ONTARIO REGARDING CURRENT PROTESTS

TO ALL CRAO MEMBERS AND INDUSTRY STAKEHOLDERS

February 2, 2022

Throughout the pandemic, the Crane Rental Association of Ontario (the “CRAO”) and its members have worked hard to follow the advice and recommendations made by public health authorities regarding masking, social distancing and vaccination.  The safety of our employees, our workplaces and our public spaces remains our top priority.

We have been made aware of plans for a series of protests on public roads and highways this upcoming weekend.  The CRAO does not support any protests that obstruct or interfere with the lawful use of our province’s transportation networks.  The mobile cranes, concrete pumps and other machines operated by the CRAO’s members should not be used as props in protests on our roads – particularly where public safety is compromised.  The expression of disagreement with government policy should not impact the public’s right to travel safely along Ontario’s roads, bridges and highways.

“Mobile cranes and concrete pumps should only be used to continue the important work of strengthening Ontario’s infrastructure”, said the CRAO Board of Directors.  “Misusing these vehicles as part of any protests on public roads, highways, and bridges is unsafe and irresponsible activity which the CRAO does not in any way support.”

The Crane Rental Association of Ontario consists of member corporations active in the business of renting mobile cranes, concrete pumps and other heavy equipment employing the services of operating engineers to facilitate their operations; and associate member corporations who provide services to the active member companies.

The primary function of the CRAO is to manage the interests of its member companies through its representation in the Employer Bargaining Agency designated to negotiate the Provincial Collective Agreement with Local 793 of the International Union of Operating Engineers.

The Aims and Objectives of the CRAO include:

• Assistance in the development and continuous improvement of standard industry practices that inure to the benefit and safety of our member companies, their employees and business partners.
• Representation of our members' interests in advisory committees to various regulatory bodies such as the Ministries of Labour, Transport, Education and Training, Finance; Canadian Standards, WSIB and Construction Safety Associations.
• Achievement of awareness within the construction industry and general public of the expertise and qualifications of our member companies who specialize in the operation of mobile cranes, concrete pumps, heavy equipment and rigging.
• General advancement of professionalism, business acumen, ethics, stability and safety in our industry.
  
  

To All CRAO Members:

By passing a new regulation on Friday April 16, 2021, the provincial government changed the list of construction activities that can continue during the current lockdown.  The regulation can be found at: https://www.ontario.ca/laws/regulation/r21297

However, just because a project is covered by this new regulation doesn’t mean that it will always be allowed to continue.  The public health agencies in several municipalities have announced additional orders that can be used to close down construction projects on this list.

More specifically, public health agencies in the City of Toronto and Peel Region have announced separate orders that will require the closure of a workplace where a specific number of COVID-19 cases are identified within a fixed period of time.  This means that even if your project is allowed to remain open during the shutdown period, it can still be closed if the number of identified COVID-19 cases at that project exceeds the number permitted by the relevant public health agency.  These orders can also impact an entire yard or branch if there are a certain number of COVID-19 cases connected to that yard or branch. 

We expect that the details of these public health orders will be published later this week.  Public health agencies in other municipalities may take the same approach in the days and weeks ahead.  As well, the provincial government might make additional changes to its own regulations.

To help CRAO members understand the updated regulation in its present form, we have prepared a summary of the current regulation.  Please use this summary as a guideline only.  If you have specific questions about any one of your projects, yards or workplaces, please feel free to contact legal counsel for the Crane Rental Association of Ontario by e-mail at jonathan-maier@hicksmorley.com.  CRAO contractor members are entitled to one hour of legal advice regarding COVID-19 issues each month at no charge.

Construction projects and related activities in the following sectors can continue:

• Municipal Infrastructure Sector
• Provincial Infrastructure Sector
• Residential Construction Sector
• Health Care Sector
• Long Term Care Sector
• Education Sector
• Child Care Sector
• Petrochemical Sector:
• Operations and maintenance projects
• Construction projects that began before April 17, 2021

Construction projects and related activities funded by any of the following public sector funders can continue:

• Any project funded by:
• A municipality
• The provincial government
• The federal government
• An agency of the provincial or federal government

Construction projects and related activities that result in the providing or delivery of the following goods or services can continue:

• Electricity, natural gas
• Production of PPE and medical devices directly related to combatting COVID-19
• Food, beverages, agricultural products
• Broadband internet and cellular technologies
• Projects underway as of April 17, 2021 that provide additional capacity for:
• logistical support, distribution, warehousing, storage, shipping or delivery services
• IT or telecommunications services
• Projects underway as of April 17, 2021 that provide additional capacity or enhance the efficiency of operations that extract, manufacture, process and distribute, goods, products, equipment and materials
• Shelters, supports for vulnerable persons, or affordable housing partially funded by government, a non-profit agency, registered charity or service manager under the Housing Services Act

Certain pre-construction or site closure projects and related activities can continue:

• Site preparation for industrial, commercial or residential development, including any roads or utilities infrastructure
• Activities necessary to temporarily close a construction site that has paused or is not active.