Important industry notices

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June 22, 2026

Manitoba Jobs Agreement (MJA) Addendum and Legal Opinion – Member Summary

In the fall of 2025, the Government of Manitoba (Manitoba) and the Building Trades Bargaining Council (BTBC) signed a document known as the Manitoba Jobs Agreement (MJA).

On or about May 27, 2026, Manitoba and the BTBC signed an Addendum addressing the situation of contractors and subcontractors that have bargaining relationships with unions that are not affiliated with BTBC.

The Winnipeg Construction Association, Manitoba Heavy Construction Association, Construction Association of Rural Manitoba and Merit Contractors Association jointly obtained a legal opinion regarding the interpretation and potential application of the Addendum.

What the Addendum Does

The Addendum introduces new definitions and provisions recognizing that some contractors and subcontractors may already have collective bargaining relationships with unions that are not affiliated with BTBC.

In general terms, the Addendum provides that:

A “Non-Affiliate Union” is a trade union that is not affiliated with BTBC.
“Non-Affiliate Bargaining Rights” include bargaining rights arising through certification or voluntary recognition, together with obligations under an applicable collective agreement.
Employees working within a bargaining unit covered by a Non-Affiliate Union and an applicable collective agreement generally are excluded from the scope of the MJA.
Where such bargaining rights exist, the applicable collective agreement and Manitoba labour law govern the terms and conditions of employment, and the MJA is not to be interpreted in a manner that displaces or derogates from those rights.
Work otherwise excluded from the MJA can only be brought back under the MJA through a written agreement involving Manitoba, BTBC, the affected contractor, and the affected non-affiliate union.

Summary of the Legal Opinion

Counsel was asked to provide its interpretation of the Addendum and its impact on contractors and subcontractors that have bargaining relationships with employee associations or unions outside of BTBC.

1. Contractors with Existing Non-Affiliate Bargaining Relationships

The legal opinion concludes that where a contractor has bargaining rights with a qualifying non-affiliate union, whether through certification or legally recognized voluntary recognition, the collective agreement between that contractor and the non-affiliate union generally takes precedence over the MJA with respect to terms and conditions of employment.

The opinion notes that informal employee associations that are not legally constituted trade unions may not qualify for the protections contemplated by the Addendum.

2. Effect on MJA Provisions

The opinion states that where a qualifying non-affiliate collective agreement exists, the terms of that collective agreement and the law would apply, rather than the MJA, including provisions relating to:

Scope of work;
Definition of worker and hiring;
The $0.85/hour payment;
The $0.10/hour payment;
Wages and benefits; and
MJA dispute resolution processes.

3. Apprenticeship, Equity and Health & Welfare

The legal opinion indicates that the application of apprenticeship ratio and equity provisions is less certain. It suggests that legislative requirements would continue to apply and that some MJA provisions may still apply where the non-affiliate collective agreement is silent on those matters.

With respect to health and welfare provisions, the opinion suggests that where a collective agreement contains its own health and welfare provisions, those provisions would generally govern rather than the MJA.

4. Subcontractors

According to the legal opinion:

A subcontractor that also has a qualifying bargaining relationship with a non-affiliate union would likely benefit from the Addendum in the same manner as a contractor.
A non-union subcontractor would generally remain subject to the MJA.

5. Timing Considerations

The opinion concludes that bargaining rights that existed before the MJA was executed on January 30, 2026 clearly fall within the scope of the Addendum.

The opinion further suggests that bargaining rights established after the MJA was signed, but before a bid is submitted, are also likely covered. However, relationships established after bid submission are viewed as more uncertain.

Key Takeaway

The Addendum appears intended to clarify that contractors and subcontractors with existing bargaining relationships with qualifying non-affiliate unions may continue to operate under those collective bargaining arrangements rather than having those arrangements displaced by the MJA. The extent to which particular MJA provisions continue to apply will depend on the specific circumstances and the terms of the applicable collective agreement.

Important Disclaimer

This summary is provided for general information purposes only and does not constitute legal advice. It summarizes provisions of the Addendum and the legal opinion obtained by WCA, MHCA and CARM. The application of the MJA and the Addendum will depend on the specific facts, bargaining relationships, collective agreements, project requirements, and circumstances of each contractor or subcontractor.

Members are strongly encouraged to seek independent legal advice regarding their particular situation before making business, labour relations, bidding, or project participation decisions. The legal opinion referenced above was prepared for the associations that requested it and should not be relied upon as a substitute for legal advice tailored to a member’s individual circumstances.

Winnipeg Construction Association
Manitoba Heavy Construction Association
Construction Association of Rural Manitoba
Merit Contractors Association

View full news release

May 19, 2026

FIPPA Release Raises Serious Concerns Regarding Development of Manitoba Jobs Agreement

WINNIPEG, May 19, 2026 – Manitoba construction industry associations are calling for greater transparency and an independent review regarding the development and implementation of the Manitoba Jobs Agreement (MJA) following the release of documents obtained through Freedom of Information and Protection of Privacy Act (FIPPA) requests.

The records raise significant concerns regarding how the MJA framework was developed, the absence of consultation prior to implementation, and the apparent lack of publicly available procurement analysis supporting one of the most significant changes to Manitoba public infrastructure procurement in decades.

The documents reveal:

The Manitoba Jobs Agreement was developed by Manitoba Building Trades representatives

and submitted to the provincial government on July 23, 2025

The Province and Manitoba Building Trades held only one meeting on August 26, 2025 to discuss the Manitoba Jobs Agreement
The agreement was signed only 13 days later.

“This is not a minor administrative policy,” said Darryl Harrison, Director of Stakeholder Engagement with the Winnipeg Construction Association. “The MJA fundamentally changes procurement conditions on publicly funded infrastructure projects, affects contractor participation, alters labour administration practices, and impacts billions of dollars in taxpayer-funded construction work. Manitobans should expect a significantly higher level of consultation, transparency, and procurement analysis before a framework of this magnitude is implemented.”

The associations also point to the apparent lack of analysis prior to signing the MJA relating to:

Bidder participation
Competition impact
Independent cost modelling
Compliance cost analysis
Value-for-money evidence supporting broader expansion of the MJA framework

The FIPPA materials further undermine suggestions that Project Labour Agreements (PLAs) are standard procurement tools for ordinary public infrastructure projects.

According to the Province’s own internal “Jurisdictional Scan” presentation:

Only 36 PLA projects were identified (including private projects) across British Columbia, Ontario, Saskatchewan, Alberta, and Manitoba;
Average project values ranged from approximately $1.6 billion to $10.9 billion;
Manitoba’s primary historic PLA examples involved extraordinary megaprojects such as the Red River Floodway Expansion and Manitoba Hydro projects;

Project timelines ranged from 4 to 16 years.

“These records show PLAs have historically been used selectively on massive megaprojects with extraordinary labour coordination requirements — not as broad procurement frameworks for routine public infrastructure,” said Chris Lorenc, President and CEO of the Manitoba Heavy Construction Association.

Industry associations have requested an independent oversight review into the development, governance, and financial structures associated with the Manitoba Jobs Agreement. The three construction associations have written to the Manitoba Ombudsman to ask for a review of the process to develop the MJA and recommend a pause in it further use.

“This issue has moved well beyond a normal policy disagreement,” said Shawn Wood, Executive Director of the Construction Association of Rural Manitoba. “It is now a serious public-interest procurement issue involving transparency, competition, governance, worker choice, and accountability for taxpayer dollars.”

The Winnipeg Construction Association, Manitoba Heavy Construction Association, and Construction Association of Rural Manitoba continue to support apprenticeship growth, workforce development, fair wages, and strong labour standards. However, the associations maintain that public infrastructure procurement must remain transparent, evidence-based, broadly consultative, and open to all qualified Manitobans.

View full news release

March 19, 2026

Construction Industry says Manitoba Jobs Agreements (MJA) are filled with Red Flags

Three major associations representing the majority of vertical and heavy construction industry across Manitoba have requested Manitoba’s Auditor General review of the 85-cent-per-hour per worker charge collected on MJA-covered projects that flows directly to a union body on top of existing dues— with no public oversight, no explanation, and no end in sight. Taxpayers are paying for it.

WINNIPEG, MB — Every hour worked on a Manitoba Jobs Agreement covered construction project now comes with a hidden price tag — 85 cents, collected from contractors, handed directly to a union organization, with no public accounting of where it goes or who decided it was the right amount. That’s 85-cents per hour per worker. On a major MJA-covered infrastructure project, that’s not pocket change. That’s potentially millions of dollars diverted from public investment with zero transparency.

Today, Manitoba’s three largest construction associations — the Winnipeg Construction Association (WCA), the Manitoba Heavy Construction Association (MHCA), and the Construction Association of Rural Manitoba (CARM) — are formally requesting that the Auditor General of Manitoba investigate this fee and the broader accountability failures of the provincial government’s Manitoba Jobs Agreement (MJA).

“This fee is being sent directly to the Manitoba Building Trades without any clear oversight. Nobody in government has explained how the number was set, what it’s supposed to fund, or who’s watching the money. At the end of the day, taxpayers are the ones paying for it.”
— Ron Hambley, President, Winnipeg Construction Association

The Fee Is Just the Beginning
The unaccountable fee is the most glaring problem — but the associations say the MJA is broken at a structural level. The agreement requires that unionized workers be hired first on covered projects, effectively locking out the vast majority of Manitoba’s construction workforce.

According to Statistics Canada, approximately 88 per cent of Manitoba’s construction workforce is non-unionized.

Under the MJA, open-shop contractors can start a project with their own existing workforce — but that’s where their control ends. Any new workers brought on during a project are subject to union hiring preference, and even the use of their own workforce requires union approval. In practice, unions hold veto power over staffing decisions on MJA-covered work. For the 88 per cent of Manitoba’s construction workforce that chose not to join a union, that means their job opportunities on these projects depend on union sign-off. Competition shrinks. Costs rise. Manitobans end up paying more to build less.

“Transparency and accountability for public funds are absolutely critical. Neither the industry nor Manitoba taxpayers have been given a clear explanation of how this fee was determined or what it is intended to fund. That is not acceptable.”
— Chris Lorenc, President & CEO, Manitoba Heavy Construction Association

Rural Manitoba Gets Hit Hardest
The MJA’s union-first hiring requirements don’t just hurt competition in Winnipeg — they actively disadvantage workers in rural and northern Manitoba, where unionized labour is far less available and local contractors have built skilled, loyal workforces over decades.

“The MJA gives unions approval rights over the workforce on covered projects and hands them first access to any new hiring. Open-shop companies can start with their own people — but the moment they need to bring someone new on, unions go to the front of the line. That restricts competition, drives up costs, and puts rural Manitoba workers at a disadvantage getting work in their own communities. Manitobans will end up paying more and getting less.”
— Shawn Wood, Executive Director, Construction Association of Rural Manitoba

What the Industry Is Asking
The three associations want the Auditor General to examine how the fee was set, who governs the collected funds, how those funds are reported publicly, and whether the entire financial structure of the MJA meets basic standards of transparency and value for money in public procurement.

Beyond the Auditor General, the associations are calling on the provincial government to fix the MJA’s structural flaws: restore fair and open competition on public projects, end discriminatory hiring requirements, and ensure that Manitoba’s construction workers — union and non-union alike — have a fair shot at building their province.

“Manitoba needs a construction policy that supports good jobs, strong workforce development, and fair competition. Manitoba’s construction workers, contractors, and taxpayers all deserve to be treated fairly.”
— Ron Hambley, President, Winnipeg Construction Association

View full news release

February 10, 2026

Joint Industry Alert: Manitoba Jobs Agreement

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.

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