CPC-DEC19 : simplebooklet.com

CANADIAN PETROLEUM ATLAS PRIME Gasboy Atlas PRIME merges the latest fueling control technology with trusted Gasboy Atlas fuel dispensers Each fueling position has its own integrated user interface for authorizing transactions and collecting driver and vehicle information The Atlas PRIME point of use fuel authorization terminal provides a faster safer and more intuitive fueling experience at commercial fleet fueling sites IN THIS ISSUE 4 Regional News 9 OPCA Getting ready for prompt payment in Ontario other provinces are likely to follow suit 14 POST Safety Bulletin Cover image wutwhanfoto iStock Getty Images Plus CONTRACTOR An official publication of the CPCA advertisers PETROLEUM CANADIAN CONTRACTOR Clarkway Construction Ltd 15 Containment Solutions Inc 7 An official publication of the CPCA Convenience U CARWACS Show 8 Freedom Electronics 4 Icon Containment Solutions 10 Leak Technologies Solutions Limited 6 Meridian Manufacturing Inc 11 National Energy Equipment Inc 2 Ontario Petroleum Contractors Association 3 Phoenix Petroleum Ltd 12 Pumps Pressure Inc 15 Raymar Equipment Service 6 Steelcraft Inc 13 ZCL Composites Inc 16 Advertising Sales and Editorial Offices Ensemble IQ 20 Eglinton Avenue West Suite 1800 Toronto ON M4R 1K8 Telephone 416 256 9908 Toll free 1 877 687 7321 Fax 888 889 9522 Contact Elijah Hoffman Ext 1009 ehoffman ensembleiq com PM42940023 EASY TO USE Large user friendly 40 key and full alpha numeric keypad with 4 3 high brightness LCD color screen and four soft function keys ADVANCED TECHNOLOGY MIFARE contactless reader with insert magnetic card reader Web connection to Home Base FHO Use in combination with an external printer FLEXIBLE Optional FuelPoint PLUS controller Simplified installation and increased uptime CONTACT US 1 866 574 5100 EMAIL info nee ca DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 3

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REGIONAL NEWS FRONT ROW Margot Middleton Rob Bateman BACK ROW Dawn Goodman Michelle Rae Anh Diep Mike Christie John Allen Michael Prpic Marcus Cormier NEWS FROM THE BCPCA By Margo Middleton BCPCA President The BCPCA recently held an industry event in conjunction with The Convenience U CARWACS Show in Abbotsford British Columbia on October 29 and 30 The show is supported and endorsed by both the BCPCA and Canadian Petroleum Contractors Association CPCA Michael Cronin VP of events at EnsembleIQ remarked As this was our first year holding the show in the Greater Vancouver area we were thrilled with the industry s participation in the show as well as the members attendance and show of support of their industry suppliers and manufacturers Several BCPCA members and industry partners exhibited in the tradeshow including National Energy Equipment CTM Design Services Keller Equipment PD McLaren Leak Technologies Cantest Solutions and Western Oil Services The BCPCA also took the opportunity to bid farewell Rob Bateman BCPCA s founding President Rob is retiring after many years in the industry as President of Western Oil Services and many of his colleagues gathered on the evening of October 29 to give Rob their best wishes on his 4 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019 retirement Rob was the driving force in both resurrecting the BPCA in 2010 and leading the charge in establishing the trade certification in BC for Petroleum Installers and Technicians Many industry representatives and BCPCA members were in attendance including current BCPCA President Margo Middleton Board members Mike Christie John Allen and administrator Dawn Goodman Also in attendance were CPCA s President Marcus Cormier and Executive Director Michelle Rae The CPCA was also in Abbotsford to run a training session for its Petroleum Mechanic course The BCPCA can t thank Rob enough for his initiative and the passion he showed for the association We hope to continue all the good work he has set into motion Mark your calendars The Convenience U CARWACS Show will be returning to Abbotsford October 27 and 28 2020 As BCPCA President we look forward to members participation next year as well as future events We appreciate the support and participation of our supplier and manufacturer members and we look forward to planning future industry events with manufacturer training and workshops 2019 AGM The BCPCA will also be holding its Annual General Meeting on December 3 at 5pm at the Executive Plaza Hotel in Burnaby All members are encouraged to attend for more information please contact Dawn Goodman at bcpetroleumassoc gmail com NEWS FROM THE OPCA By Johnathan Rae OPCA Administrator The 6th annual OPCA Charity Golf Tournament was held September 20 2019 at the Innisbrook Golf Course in Barrie The sun was shining and we had an amazing day of golf The turn out was great with approximately 64 golfers attending this year Everyone had a wonderful day and once again we were able to benefit the wonderful Threads of Life charity BOARD OF DIRECTORS CPCA MEMBER ASSOCIATIONS Alberta Petroleum Storage Systems Contractors Association Association des Entrepreneurs P troliers du Qu bec Inc British Columbia Petroleum Contractors Association Manitoba Petroleum Contractors Association Ontario Petroleum Contractors Association Saskatchewan Retail Petroleum Construction Association ALBERTA Marcus Cormier Cantest Solutions Tel 403 912 9129 Ext 12 mcormier cantest net Kim Hansen MI Petro Tel 866 563 7868 khansen mipetro com MANITOBA Chad Kenwood Century Ptetroleum Construction Tel 204 694 2230 centpet mts net ONTARIO Gord Thompson Comco Canada Inc Tel 705 728 0905 gord thompson comcocanada com Ken Jamieson Kenstruct Ltd Tel 855 912 8453 ken kenstruct ca QUEBEC Guy Rochon Service Construction Mobile Lt e Tel 418 688 5751 grochon groupemobile com Louis Rizzetto quipement National nergie Tel 514 489 8281 lrizzetto nee ca SASKATCHEWAN Arlene Wright Capital Petroleum Services Ltd Tel 306 757 3533 arlene_cps sasktel net Mike Seibel National Energy Equipment Inc Tel 306 665 0223 mseibel nee ca BRITISH COLUMBIA Margo Middleton Middleton Petroleum Tel 250 372 7742 midpet shaw ca CPCA OFFICE Michelle Rae Administrator Mailing Address 51 King St Unit 8 Barrie ON L4N 6B5 Toll Free 1 866 360 6722 Tel 705 735 9437 Fax 705 735 9418 info cpcaonline com Web www cpcaonline com OFFICERS Marcus Cormier President Louis Rizzetto Vice President Kim Hansen Secretary Chad Kenwood Treasurer DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 5

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FROM LEFT OPCA Administrator John Rae OPCA Executive Director Michelle Rae Threads of Life Volunteer Bill Bowman OPCA President Ken Jamieson Thank you to everyone who came out to the event including OPCA members POST committee members industry suppliers and several friends and family Thank you to OPCA President Ken Jamieson and to each of the OPCA board members for attending as well Howard Heal of Bar W and Marcus Cormier President of CPCA and Cantest Solutions were able to attend and represent Alberta We are also grateful for the continued support of Shell which participated in our event We would also like to thank Henry Gruyters for MC ing the dinner and prize portion of the day and Austin Vavrovics for photographing the event The proceeds from the tournament go to Threads of Life a very special organization that promotes safety in the workplace and supports families who have suffered a workplace fatality traumatic life altering injury or occupational disease through many of their programs across Canada Threads of Life volunteer Bill Bowman attended the dinner that followed the tournament to tell his story of dealing with a workplace injury and living as an amputee A massive thank you to our sponsors Without their support such a successful event would not be possible Support was received through hole sponsorship and prize donations Various photos from the day are posted on our website at www OPCAonline org WORRIED ABOUT EMERGING FUELS IN YOUR UST SYSTEM ELIMINATE PROBLEMS WITH CORROSION ALONG THE TANK TOP AND INSIDE THE TANK SUMP BY USING FIBERGLASS ACCESSORIES PROBLEM Accelerated corrosion due to increasing use of biofuels and ULSD SOLUTION With berglass couplings berglass manway lids and berglass riser pipe assembly kits CSI o ers a tank top to grade berglass solution ELIMINATING METALLIC SURFACES ELIMINATES CORROSION Optional Fiberglass Riser Pipe Assembly Kits Precision Testing And Inspection Specialists Precision leak testing company for all your underground leak testing requirements Leak testing for all your aboveground testing requirements Fiberglass Couplings Optional Fiberglass Manway Lid Very little disruption to your day to day operation CPCA certified technicians Competitive rates Helium Pinpoint leak locating service 3rd party inspection of underground and aboveground storage tank system Toll Free 1 866 565 2611 www leaktechsol ca containmentsolutions com 1 877 CSI TANK sales csiproducts com Local Sales Respresentative 647 640 8482 6 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019

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L T S E G AR MAR K YOUR CAL ENDA R Accelerate your business MARCH 3 4 2020 TORONTO Congress Centre ConvenienceU ca CARWACS com 8 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019 GETTING READY FOR PROMPT PAYMENT IN ONTARIO Other provinces are likely to follow suit By Krista Chaytor and Michael Swartz WeirFoulds LLP the construction industry in Ontario has been talking about prompt payment and adjudication for more than two years On October 1 2019 these new rules became law Across Canada what do you need know and how can you make sure that your organization is prepared Several provinces including British Columbia Saskatchewan Manitoba Quebec Nova Scotia and New Brunswick are reviewing their own prompt payment and adjudication laws The legislation being reviewed by these provinces would look at adopting similar laws that are in place in Ontario What are Prompt Payment and Adjudication Prompt payment is a law that establishes mandatory deadlines for paying invoices in the construction industry The dates for payment cannot be changed by agreement and will apply regardless of what your agreement says The law applies to all construction agreements entered into after certain dates see below Adjudication is a system designed to resolve disputes during a project Although the system does not prevent the parties from going to court if one of them wants to do so the intention is for DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 9

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adjudication to be cheaper and faster than going to court so that during a project the work can continue to progress Adjudication is mandatory which means that it is always available regardless of what your agreement says Do Prompt Payment and Adjudication Apply to your Agreement Although the prompt payment and adjudication system started on October 1 2019 it does not apply to all agreements right away The system only applies where the procurement process if there was one started on or after October 1 2019 or if there was no procurement process the prime agreement for the project was entered into on or after October 1 2019 So to determine whether prompt payment and adjudication apply to your agreement ask yourself the following questions Was there a procurement process If there was no procurement process what was the date of the prime agreement for the project If there was a procurement process then you must determine the earliest of the following events a a request for qualifications b a request for quotation c a request for proposals or d a call for tenders If the earliest of these events predated October 1 2019 then prompt payment and adjudication do not apply to your project If there was no procurement process then the date of the prime agreement for your project will determine whether prompt payment and adjudication apply If the prime agreement was entered into before October 1 2019 prompt payment and adjudication will not apply Otherwise prompt payment and adjudication do apply Prompt Payment Prompt payment operates with a series of mandated deadlines to pay the parties working on a construction project The deadlines start when a contractor delivers a proper invoice to the owner The definition of a proper invoice is set out in the Construction Act Some of those requirements are straightforward and are requirements a contractor would typically expect to see in an invoice such as the contractor s name and address the date of the proper invoice and the period during which the services or materials were supplied information identifying the authority whether in agreement or otherwise under which the services or materials were supplied a description including quantity where appropriate of the services or materials that were supplied the amount payable for the services or materials that were supplied and the payment terms and the name title telephone number and mailing address of the person to whom payment is to be sent However the Construction Act allows parties to stipulate additional requirements for a proper invoice in their agreements such as WSIB clearance certificates statutory declarations updated works schedules updated work summary reports testing and commissioning reports and possibly even waivers of the work billed in the previous payment period All the timelines in the prompt payment system start when a proper invoice is delivered Therefore it is important to know what both the Construction Act and your agreement require to be included with the proper invoice Although the Construction Act allows parties to add additional requirements for a proper invoice one additional requirement that is expressly prohibited is making a proper invoice conditional on prior certification by the payment certifier or the owner s approval We expect that this restriction will be significant Because owners will not be able to delay payment while a payment certifier reviews the invoice and the work owners may add additional payment application requirements to their agreements to include in the proper invoice For example an owner may require a contractor to provide an updated schedule of values a number of days before the contractor submits its invoice so that the owner has some additional time to review the amounts that will be billed before the proper invoice is actually submitted Once a proper invoice is given an owner must pay its contractor within 28 days Once the contractor receives payment from the owner it has seven days to pay its subcontractors who then have seven days to pay their subcontractors and so on If an owner does not want to pay all or some of the proper invoice it must deliver a notice of non payment to the contractor within 14 days of receiving the proper invoice The notice of non payment is a specific form required by the Construction Act You can find these forms at http ontariocourtforms on ca en constructionlien act forms The owner s notice of non payment can be for all the contractor s invoiced amount or a part of the contractor s invoiced amount The owner is also required to give reasons for the nonpayment These reasons could relate to a specific subcontractor s work Depending on the owner s notice of non payment a contractor s obligations to pay its various subcontractors may differ A contractor who disagrees with an owner s DOUBLE WALL FUEL TANKS Meridian manufactures fuel tanks from 1 350L 80 000L to meet your bulk storage needs These larger fuel tanks help save money by allowing you to buy larger volumes of fuel strategically throughout the year and minimize price volatility Meridian also offers complete packages with high volume pumps large hoses automatic nozzles hose retractors and fill alarms for safety cleanliness environmental stewardship and faster refueling Our tanks are built to ULC 601 7 Standards 2019 Meridian Manufacturing Inc Registered Trademarks Used Under License 11 2019 224 10 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019 meridianmfg com fueltanks meridianmfg com 800 661 1436 DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 11

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GETTING READY FOR PROMPT PAYMENT IN ONTARIO notice of nonpayment can also make use of the adjudication system to dispute the owner s refusal to pay its invoice Contractors will no longer be able to rely on pay when paid clauses in their subcontracts to avoid paying their subcontractors Instead contractors will either have to pay subcontractors despite not receiving funds from the owner or deliver a notice of non payment to the subcontractors with an undertaking a promise to take the owner to adjudication within 21 days ABOUT THE AUTHORS Krista Chaytor and Michael Swartz are partners practicing in the construction group at the law firm WeirFoulds LLP They are experts in construction law including tendering procurement issues contract drafting addressing legal issues arising in the middle of projects claims and dispute resolution including liens and of course prompt payment and adjudication Adjudication Adjudication is the dispute resolution mechanism that works together with prompt payment It is intended to occur throughout the course of the project as disputes arise in order to get a decision that is faster and cheaper than litigation or arbitration A decision reached in an adjudication will be binding until unless there is a court decision or a different agreement reached between the parties The adjudication process is being administered by ODACC Ontario Dispute Adjudication for Construction Agreements ODACC is qualifying people to act as adjudicators and has put together some sample procedures to assist parties with adjudications You can find more information at www odacc ca If you wish to refer a matter to adjudication you must deliver a notice of adjudication to the other party That notice requires that you propose an adjudicator The parties then have four days to agree upon an adjudicator If they cannot or if the agreed upon adjudicator does not or cannot agree to the appointment ODACC will select an adjudicator Once the adjudicator consents to the appointment you must give the adjudicator the notice of adjudication and documents you rely on in the adjudication within five days The adjudicator will decide when the opposing party must deliver its documents However it will be fast because the adjudicator has only 30 days from when you deliver your documents to make a determination Once an adjudication determination is issued payment must be made within 10 days If payment is not made within 10 days the successful party may claim interest suspend work register a construction lien and register the adjudicator s decision as a judgment in the court How to Get Ready for Prompt Payment and Adjudication Here are our top tips to make sure that your organi zation is ready for prompt payment and adjudication Update your agreements Make sure that your agreements work for prompt payment and adjudication and allow you to make use of these changes to your advantage K now your rights Many owners may be unaware of the requirements for payment and you may have to educate them in order to get paid on time Keep your documents organized The time for resolving disputes with adjudication is short so you should make sure that you are ready to respond quickly if an adjudication is started Keep track of dates Timing of payment and notices of nonpayment are important under this new system Make sure that you do not miss deadlines or you may end up paying subcontractors before you get paid DISCLAIMER The information and comments in this article are for your general information and are not intended as advice or opinion to be relied upon in relation to any particular circumstances For particular application of the law to specific situations you should seek professional advice Steelcraft Partner with Excellence Phoenix Petroleum Ltd wishes to extend to all our Industry Partners a happy and safe holiday season For all of your petroleum construction and service needs let us find you the best solution HEAD OFFICE 400 Thompson Dr Fredericton NB E3A 9X2 1 866 272 6260 DARTMOUTH BRANCH 42 Fielding Ave Dartmouth NS B3B 1E4 902 481 0620 LONDON BRANCH 331 Neptune Cres London ON N6M 1A9 519 681 0161 EDMONTON BRANCH 11634 257 St Acheson AB T7X 6C3 780 485 1001 info phoenixpetro ca www phoenixpetro ca Phoenix_halfpg_Dec18 indd 2 12 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019 Check out our new website www steelcraftinc com or call us at 1 800 265 8840 Since 1923 Steelcraft has collaborated with consulting engineers end users general contractors and petroleum contractors to develop cost effective reliable and safe storage solutions for flammable fuels and liquids We offer a variety of storage solutions across two orientations horizontal and vertical four containment styles single wall double wall vacuum monitored double wall integral contained static head and a wide range of capacities from 5000 L to 200 000 L In addition to our expertise with aboveground storage solutions we offer integrated design engineering and custom metal fabrication solutions for a variety of other product categories including field erect tanks pressure vessels and more Please note that Steelcraft s ULC listed aboveground storage tanks are not currently available for sale to Western Canada For industry leading aboveground storage solutions contact us today 2018 12 03 12 32 PM DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 13

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POST SAFETY BULLETIN POST best practices TIPS AND GUIDELINES TO KEEP WORKERS SAFE IN CONTINUING our series of POST Best Practices we look at the equipment required when working at heights Falls are a major cause of injuries and fatalities in Canada each year Most injuries and deaths occur because Personal Fall Protection Equipment was not available available but not used or used but not used properly POST considers Work at Heights activity where worker s feet are more than 1 8 metres above grade floor or surface Fall Protection Equipment The following are examples of Personal Fall Protection Equipment that is used when working at heights Harnesses There are five categories of harnesses A Fall Arrest D Controlled Descent E Confined Space L Ladder use P Work Positioning Lanyards Shock Absorbing for Fall Arrest NonShock Absorbing for travel restraint Self retracting Lifelines Vertical Horizontal Retractable or Static Rope Grabs Rope grabs are used in conjunction with lifelines Anchors Fall protection anchors must be engineered Inspection of Equipment Workers must be able to properly inspect and identify deficiencies with the equipment and exercise their right to refuse to use sub standard equipment as well as understanding their legal obligation to report the deficiencies Employers Supervisors are prohibited from threatening or dismissing a worker for exercising these rights Defective Personal Fall Protection Equipment must be destroyed Some jurisdictions require certification to inspect equipment Fall Protection Plans Employers must develop a fall protection plan Arresting a fall is the main part but not the only part to ensuring safety while working at heights A fall protection plan is a pre planned strategy or procedure designed to safely retrieve someone who has fallen from height and is suspended in a harness It provides information about the type and location of equipment that are vital in the rescue process Workers who have been saved from a fall by use of a harness are susceptible to a condition known as Suspension Trauma If left hanging for more than a few minutes blood pools in the legs resulting in loss of consciousness and if left for too long it can result in death Post rescue death can also occur if the victim is laid down too soon the heart cannot handle the rush of blood all at once This stresses the importance of receiving proper working at heights training To prevent suspension trauma a Relief Step Safety Device can be used The device attaches easily to any Full body harness and allows the user to stand ensuring proper blood flow Pressure Washers Hot Cold Complete Air Compressor Systems Wash Bay Equipment Commercial Vehicle Wash Systems Waste Water Recycling Equipment Bulk Fluid Handling Equipment Parts Cleaning Systems CAT Pumps Replacement Parts Design Consulting For more POST Best Practices including Ladder Safety and Lock out Tag out visit our website at www POSTtraining ca We install and service everything we sell Using a relief step safety device HEAD OFFICE 7018 Johnstone Drive Red Deer AB T4P 3Y6 TF 1 888 430 9395 P 403 347 9770 F 403 343 7922 Edmonton 780 430 9359 Calgary 403 263 7202 Grande Prairie 780 539 9939 Leduc 780 980 9294 Lethbridge 403 328 0504 Brandon 204 728 9303 Saskatoon 306 242 6622 www pumpsandpressure com 14 CANADIAN PETROLEUM CONTRACTOR DECEMBER 2019 DECEMBER 2019 CANADIAN PETROLEUM CONTRACTOR 15

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CPC-DEC19

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