Winnipeg Construction Association (WCA)
Construction Association of Rural Manitoba (CARM)
Manitoba Heavy Construction Association (MHCA)
Alert: Onerous Conditions on Projects Subject to the Manitoba Jobs Agreement
Date: February 10, 2026
Risk Assessment: High
Project Location: Various
Tendering Authority: Province of Manitoba
Overview:
The WCA, CARM and MHCA (the “Industry Associations”) are issuing this Joint Alert as a service to their respective members and to the industry at large to educate stakeholders with respect to certain risks associated with recent changes to the Province of Manitoba’s project procurement and delivery practices.
All opinions stated below are those of the Industry Associations and reflect previous publicly-stated positions. This Industry Alert was drafted and reviewed with the assistance of legal counsel.
Key Issues:
All contractors are advised to exercise caution and conduct elevated due diligence when bidding or working on projects designated under the Manitoba Jobs Agreement (MJA). The MJA is a complex document that incorporates multiple collective agreements, the provisions of which are binding on any and all contractors – unionized and non-unionized alike – working on all such projects for the Province of Manitoba. The MJA poses an increased risk for prospective general and trade contractors, and all contractors bidding on projects subject to the MJA should be aware of the following implications:
1. Increased Administrative and Compliance Burden:
Projects delivered under the MJA include additional reporting, documentation, and workforce requirements that will require more staff time and resources. These can include:
- Detailed workforce reporting and compliance tracking
- Additional onboarding and reporting obligations for subcontractors
- Potential verification of hiring practices and workforce composition
Contractors should carefully review tender documents and allocate sufficient administrative resources to meet these conditions.
2. Unionized Worksite Requirements:
The MJA introduces a project labour framework that effectively creates a unionized site environment. Even if your company is non-unionized, you will be required to:
- Work under terms aligned with collective agreements
- Potentially engage with union hiring halls for workforce supply (Unionized Manitobans given preference over other Manitobans when not a current employee)
- Adhere to site-specific labour conditions and practices, including using union wages scales and the mandatory payment of union dues, union fund contributions, and additional remittances that differ from your standard operations
This could significantly impact your labour flexibility, cost structure, and project delivery approach.
Recommendations:
- Review the MJA: Before committing to any project under the MJA, contractors should carefully review the MJA from the Construction Manager.
- Be Prepared: Assess the true cost and risk profile for projects covered by the MJA. Prepare your team for all compliance, administrative and reporting obligations.
- Make Informed Decisions: Decide whether or not to participate and/or price your scope of work accordingly only after you have reviewed the MJA and assessed the true cost.
- Legal Consultation: Contractors are advised to consult with legal professionals and labour relations professionals to ensure they understand their potential liabilities under the MJA.
For further information or questions about these tenders, please contact your Industry Association. The foregoing comments are for informational purposes and are not intended as a substitute for legal advice. Members are encouraged to consult a qualified lawyer for advice tailored to their specific situation.
Why Alerts Like This Matter:
Alerts like this help contractors manage risks by flagging potential issues before a project begins. They provide an early opportunity to address concerns related to contract terms or other obligations that could affect the viability of a bid or the execution of the contract.
