Region of Peel - Sick Leave Issues

The OGCA has been made aware of onerous tender language in existing and pending Region of Peel projects that may adversely affect the general contractors bidding the projects.

The onerous language in question is centered on the Region of Peel mandating 2 PAID SICK LEAVE days for every employee in their tenders that are in addition to any provincially mandated COVID-19 requirements.

The Provincial government has up to a maximum of three (3) sick days for pandemic relief that would be fully compensable to the contractor to a maximum of $200 per employee per day and is meant as a temporary stop-gap measure until September 24, 2021.

The OGCA firmly objects to the use of this onerous and dictatorial procurement language and notes the following rationale for our objection for its use in contracts, specifically since the Region of Peel policy:

• does not have a cap of $200 per employee per day; 
• has no limitations on the number of workers that can claim this relief or when; 
• is a pilot project for one year and will undoubtedly become a permanent provision moving forward; 
• provides only those workers operating in the Region a greater benefit than those elsewhere; 
• creates undue stresses and frictions between the contractors and unions;
• creates a disparity with regards to workers working within the Region receiving a disproportional benefit to those that do not; 
• must be fully adopted by the subtrades which will cause the reduction or elimination of sub-trades willing to bid Peel work;
• may become a disqualification issue on tenders;
• does not increase the Region’s Social Procurement initiative, but instead limits the ability of the Region to find the same caliber of contractors that they have received in the past at a comparable price point. 

The OGCA strongly opposes the inclusion of this language in any procurement and has written the Region with our objection but has received no response. Should any contractor see this language appearing in any further tenders, please advise the OGCA immediately in order for the association to table a further formal objection.

Should anyone have any questions, please contact Giovanni Cautillo directly.