HomeMy WebLinkAboutBy-law No. 2022-078THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-078
BEING A BY-LAW TO APPOINT BY-LAW ENFORCEMENT AND PROPERTY
STANDARD OFFICERS AND TO EXECUTE AN AGREEMENT WITH TENET
SECURITY GROUP INC. FOR THESE SERVICES WITHIN
THE MUNICIPALITY OF BAYHAM
WHEREAS Section 227 of the Municipal Act, 2022, as amended, provides for officers and
employees of the Municipality to carry out other duties required under this or any Act and other
duties assigned by the Municipality;
AND WHEREAS Section 15 of the Police Services Act, R. S. O. 1990, c. P.15, as amended,
authorizes the appointment of Municipal Law Enforcement Officers who shall be peace officers
for the purpose of enforcing the by- laws of the Municipality;
AND WHEREAS Section 447.4(1) of the Municipal Act, 2001, as amended, without limiting
Sections 9, 10 and 11, those sections authorize a Municipality to enter into agreements with a
person or body in relation to matters of a mutual interest for the purpose of coordinating the
enforcement of by- laws, statutes and regulations. 2006, c.32, Sched. A, S.184;
AND WHEREAS Subsection 15. 2(1) of the Building Code Act, 1992, S.O. 1992, c.23, indicates
where a by- law under section 15. 1 is in effect, an officer may, upon producing proper
identification, enter upon any property at any reasonable time without a warrant for the purpose
of inspecting the property to determine, (a) whether the property conforms with the standards
prescribed in the by- law; or (b) whether an order made under subsection (2) has been complied
with. 1997, c.24, s. 224(8);
AND WHEREAS the Council of the Municipality of Bayham deems it desirable to appoint
Municipal By- law Enforcement and Property Standard Officers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT Thomas Baker and any other employee of Tenet Security Group Inc. are hereby
appointed to be Municipal By -Law Enforcement and Property Standard Officers for the
Municipality of Bayham;
AND THAT the Mayor and Clerk be and are hereby authorized to execute the
Agreement attached hereto as Schedule "A" and forming part of this by-law;
AND THAT this by-law take effect on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15tn
DAY OF DECEMBER 2022.
i
C
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By -Law 2022-078
THIS AGREEMENT made the day of , 2022
BETWEEN:
The Corporation of the Municipality of Bayham
(hereinafter referred to as the "Municipality")
and
Tenet Security Group Incorporated
(hereinafter referred to as the "Service Provider")
WHEREAS:
The Municipality from time to time passes certain by-laws that include regulations,
restrictions, prohibitions or obligations that require enforcement;
2. The Municipality requires by-law enforcement officers and deems it expedient to enter
into an agreement for the provision of by-law enforcement officer services for the
purpose of enforcing municipal by-laws an provincial offences;
3. Section 2(1) of the Provincial Offences Act, RSO 1990, c. P. 33 states that a provincial
offences officer means a by-law enforcement officer of any municipality while in the
discharge of his or her duties, or, an officer, employee or agent of any municipality
whose responsibilities include the enforcement of a by-law, an Act or a regulation under
an Act, while in the discharge of his or her duties;
4. The Service Provider is prepared to provide by-law enforcement officer services to the
Municipality.
5. The Service Provider and its by-law enforcement officer staff have the requisite skill,
capability, experience and knowledge necessary to carry out the by-law enforcement
officer services required,
6. The parties wish to formalize their contractual relationship through this Agreement.
IN CONSIDERATION of the mutual covenants and other terms and conditions hereinafter
contained, the parties hereby covenant, promise and agree each with the other as follows:
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Definitions
In this Agreement,
a) "Confidential Information" shall mean any information that meets the definition of
Personal Information in the Municipal Freedom of Information and Protection of Privacy
Act, R.S.O. c. M. 56, as may be amended or replaced, or meets the definition of
Personal Health Information pursuant to the Personal Health Information Protection Act,
2004, S.O. 2004, c 3., as may be amended or replaced, or any other information that
contains financial, technical, commercial, policy or strategy detail(s), or any like or
similar information that having regard to its context should be reasonably understood to
be confidential including information that has any commercial value; however,
Confidential Information does not include any information that is already published in a
publicly available forum;
b) "CAO" means the person holding the position of Chief Administrative Officer of the
Municipality or their designate.-
c) "Council" means the duly elected council of the Municipality;
d) "Services" means the by-law enforcement officer services pursuant to this Agreement
and as specified in clause 5 of this Agreement.
General
_ The Municipality is a municipal corporation governed by Mayor and Council and
operated by administration, who is hereby authorized to administer this Agreement save
for those areas specifically limited herein.
3. The Service Provider is an Ontario corporation duly incorporated to the laws of the
Province of Ontario.
4. The Schedules attached hereto are incorporated into and form part of this Agreement.
Services of the Service Provider
5, The Service Provider agrees to perform the by-law enforcement services described in
Schedule "A" to this Agreement.
6_ The Parties hereto agree that where this Agreement has expired or terminated in
accordance with the provisions herein, but a hearing date or other legal proceeding that
may require the testimony or assistance of an employee or former employee of the
Service Provider, the Service Provider shall ensure that such employee or former
employee participates in such legal proceeding (including under Summons, where
applicable) and the Municipality shall pay to the Service Provider such hourly fees as
are set out in Schedule "B" to this Agreement, notwithstanding the Agreement has
otherwise expired or been terminated. This section shall survive the termination or
expiration of this Agreement.
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Fees and Disbursements
7. The Municipality shall pay to the Service Provider for its Services the rates set out in
Schedule "B" to this Agreement.
8. The Service Provider shall render an invoice for the Services that shall provide sufficient
detail for the Municipality to determine the nature, hours and type of Services performed.
9. The Municipality shall pay each monthly invoice within 30 days of receipt of the invoice and
upon satisfaction that the Services were rendered in accordance with the terms of this
Agreement.
Service Provider Covenants
10. The Service Provider hereby covenants as follows:
a) to comply with all applicable laws, legislation, directives, rules and orders, whether
International, Federal, Provincial, or local in providing the Services;
b) to comply with the Workplace Safety and Insurance requirements (WSIA) and Human
Rights policies;
c) to obtain and keep current WSIB insurance, if applicable to its business;
d) to ensure that the persons in their organizations who deal with members of the public or
other third parties on behalf of the Municipality or who participate in developing the
Municipality's policies, practices and procedures governing the provision of goods and
services to members of the public or other third parties receive training about the
provision of goods or services to persons with disabilities as required by the
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended;
e) to supply at its sole cost and expense all staff, equipment (save and except the basic
materials and specialized devices set out in Schedule "B"), accommodations and
technical assistance necessary to perform the Services and assume all overhead
expenses in connection with the Services;
f) that, in addition to complying with all applicable legislation, regulations, directions and
orders of any regulatory body, the Service Provider covenants to comply with all
policies of the Municipality applicable to consultants and contractors, which may
include particular policies with regard to COVID-19 saftey. Where there is any conflict
between applicable legislation, regulation, directions and orders, the Service Provider
agrees to adhere to the highest standard established. In addition, the Service
Provider agrees to review and execute any documents reasonably required by the
Municipality in relation to its policies, including but not limited to acknowledgment
agreements regarding the polices;
g) that the Municipality shall be permitted to monitor the Services in such ways as the the
Municipality CAO, or his or her designate, may determine; and
h) to co-operate with the the Municipality CAO, or his or her designate, and to do all things
necessary to enable the the Municipality CAO to evaluate the Services as required.
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Service Provider Representations
11. The Service Provider hereby represents as follows'
a) that it will not render Services that intentionally create a conflict of interest between
the Municipality and Service Provider and/or any Third Party or any combination
thereof;
b) that where a conflict of interest is foreseeable in the provision of Services, it will identify
the potential conflict as soon as practicable to the Director and the the Municipality
CAO;
c) that it understands that it must obtain its own financial, legal or other professional
advice regarding the Services, and this Agreement, and that it has had the
opportunity to do so;
d) that it will refrain from contacting members of Council, members of the Land Division
Committee, or the Warden without written approval from the the Municipality CAO, or
his or her delegate; and
e) that it will refrain from discussing the Services via the media or any social media
services without written approval from the the Municipality CAO, or his or her
delegate, provided that the Service Provider shall be entitled to mention the project
and the Services provided as proof of the Service Provider's experience with this
type of work.
Term and Termination
12. Subject to any renewal provisions, the term of this Agreement shall be from the effective
date of this Agreement for a term of six (6) months, expiring on June 30, 2023 (the "Initial
Term").
13. The Municipality may renew this Agreement for two, one-year terms ("Renewal Term(s)"),
in its sole discretion by providing written notice at least thirty (30) days prior the expiration
of the Initial Term or any Renewal Term(s).
14. Either party may terminate this Agreement in its sole and unfettered discretion by providing
sixty (60) days' written notice of such termination.
Municipal Termination
15. The Municipality may immediately terminate the Agreement upon giving notice to the
Service Provider where:
a) the Service Provider breaches any provisions of this Agreement, including but not
limited to poor performance by the Service Provider in respect of the provision of
Services as contemplated by this Agreement, the final determination of which is held
by the Municipality in its unfettered discretion,
b) the Service Provider is adjudged bankrupt, makes a general assignment for the
benefit of its creditors or a receiver is appointed on account of the Service Provider's
insolvency;
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c) the Service Provider breaches any confidentiality or conflict of interest obligation set
out in this Agreement;
d) the Service Provider, prior to or after executing the Agreement, makes a material
misrepresentation or omission or provides materially inaccurate information to the
Municipality;
e) the Service Provider undergoes a change in control which adversely affects the
Service Provider's ability to satisfy some or all of its obligations under this
Agreement;
f) The Service Provider's acts or omissions constitute a substantial failure of
performance; or
g) If the Service Provider assigns this Agreement without consent of the Municipality;
the above rights of termination are in addition to all other rights of termination available
under this Agreement, at law, or events of termination by operation of law.
Indemnity
16. The Parties hereby agree that they will, from time to time, and at all times, well and truly
save, keep harmless and fully indemnify the other party (the "Indemnified Party"), its
successors and assigns, from and against all actions, claims and demands whatsoever
which may be brought against or made upon the Indemnified Party and against all loss,
liability, judgments, claims, costs, demands or expenses which the Indemnified Party may
sustain, suffer or be put to:
a) resulting from or arising out of any breach, violation or non-performance of any
covenant, condition, agreement or other obligation in this Agreement to be fulfilled,
kept, observed and performed by the Party; and
b) resulting or occasioned by any wrongful act, default, omission or negligence of the
Party and those for whom it is in law responsible, including but not limited to any
damage to property and any injury to any person (including death).
Insurance
17. The Parties shall each maintain a policy of Commercial General Liability insurance that
shall.
a) have a limit of liability of not less than Two Million Dollars ($2,000,000) inclusive for
any occurrence;
b) include damage caused by vehicles owned by the Party and used in conjunction
with the work either within or outside the contract limits, and shall have a limit of
liability of not less than $2,000,000 inclusive for any one occurrence;
c) include Professional Liability / Errors and Omissions coverage of not less than Two
Million Dollars ($2,000,000).
d) be endorsed to include the other Party as additional insured..
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Subcontractors
18. The Service Provider will be solely responsible for the payment of any subcontractors
employed, engaged or retained by it for the purpose of assisting it in the discharge of its
obligations under this Agreement. The employment, engagement or retainer of any
subcontractors and/or sub -consultants must have received prior written approval from the
Municipality. The Service Provider shall co-ordinate the services of all subcontractors so
employed, engaged or retained by it, and the Service Provider shall be liable to the
Municipality for costs or damages arising from errors or omissions of the subcontractors, or
any of them.
Confidential Information
19. Upon termination or expiry of this Agreement, the Service Provider shall return to the
Municipality all written or descriptive matter, including but not limited to drawings, prints,
descriptions or other papers, documents or any other material maintained in any format,
including digital format, which contains any Confidential Information whatsoever.
20. The Service Provider shall ensure that upon termination or expiry of this Agreement, and in
conformance with Section 6 of this Agreement, its employees or former employees shall
keep their notebook as well as any and all notes contained therein in a secure location
accessible to the employee or former employee for the purpose of providing disclosure as
part of a Crown Brief or for providing evidence in any legal proceeding.
21. The Service Provider shall ensure that access to any information that meets the definition
of Personal Information in the Municipal Freedom of Information and Protection of Privacy
Act, R.S.O. c. M. 56, as may be amended or replaced, or meets the definition of Personal
Health Information pursuant to the Personal Health Information Protection Act, 2004, S.O.
2004, c 3., as may be amended or replaced, is only accessed by those employees of the
Service Provider that need to access such information in the performance of their duties
pursuant to this Agreement.
22. Except as expressly provided in this clause, no Confidential Information shall be disclosed
by the Service Provider in any manner whatsoever without the approval in writing of the
Director, and:
a) the Service Provider shall hold all Confidential Information obtained in trust and
confidence for the Municipality and shall not disclose any such Confidential Information,
by publication or other means, to any person, company or other government agency nor
use same for any other project other than for the benefit of the Municipality as may be
authorized by the the Municipality CAO in writing;
b) any request for such approval by the the Municipality CAO shall specifically state the
benefit to the Municipality of the disclosure of the Confidential Information;
c) any use of the Confidential Information shall be limited to the express purposes as set
out in the approval of the the Municipality CAO; and
d) the Service Provider shall not, at any time during or after the term of this Agreement,
use any Confidential Information for the benefit of anyone other than the Municipality.
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No Agency or Employment Relationship
23. The Service Provider and the Municipality agree that the Service Provider, its servants,
agents and employees shall under no circumstances be deemed agents or
representatives of the Municipality and except as the Municipality may specifically
authorize in writing, shall have no right to enter into any contracts or commitments in the
name of or on behalf of the Municipality or to bind the Municipality in any respect
whatsoever.
Right of Audit
24. The Service Provider shall furnish the Municipality and its authorized representatives with
all such information as it, or they, may from time -to -time require with reference to such
accounts, records, receipts, vouchers, and other documents. The Service Provider shall
cause all such accounts, records, receipts, vouchers, and other documents to be
preserved and kept available for audit and inspection at any reasonable time, and from
time -to -time, until the expiration two (2) years from the date of termination of this
Agreement or expiry of this Agreement, or until the expiration of such lesser or greater
period of time as shall be approved in writing by the Municipality.
Force Majeure
23. The performance of the respective parties hereto or their respective obligations
hereunder shall be subject to force majeure, including, but not limited to, insurrections,
riots, wars and warlike operations, explosions, governmental acts, epidemics, strikes,
fires, accidents, acts of any public enemy, or any similar occurrence beyond the
reasonable control of the party affected. Any party temporarily excused from
performance hereunder by any such circumstances shall use its best efforts to avoid,
remove or cure such circumstances and shall resume performance with utmost dispatch
when such circumstances are removed or cured. Any party claiming circumstances as
an excuse for delay in performance shall give prompt notice in writing thereof to the other
party.
Notices
24. Any notification or written communication required by or contemplated under the terms
of this Agreement shall be in writing and sent by Registered Mail, Return Receipt
Requested and which shall be deemed to have been delivered five business days after
the date of mailing. Addresses for such notices shall be:
If to the Service Provider:
Tenet Security Group
Attn: Ed Pimentel, President and Managing Director
34 Hardy Court
Lucan, ON, NOM 2J0
If to the Municipality :
Thomas Thayer, CAO
56169 Heritage Line
Straffordville, ON, NOJ 1Y0
Miscellaneous
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25. The waiver of any provision hereof or the failure of any party hereto to enforce any right
hereunder shall apply to that provision or right only and shall not be deemed to affect
the validity of the remainder hereof.
26. No departure from or waiver of the terms of this Agreement shall be deemed to
authorize any prior or subsequent departure or waiver and the Municipality shall not be
obligated to continue any departure or waiver or to permit any subsequent departure or
waiver.
27. This Agreement shall be constructed with all changes in number and gender as may be
required by the context. Any titles used within this document are for reference purposes
only and not an aid to interpretation.
28. All obligations herein contained, although not expressed to be covenants, shall be
deemed to be covenants.
29. Whenever a statement or provision in this Agreement is followed by words denoting
inclusion or example and then a list of or reference to specific items, such list or
reference shall not be read so as to limit the generality of that statement or provision,
even if words such as "without limiting the generality of the foregoing" do not precede
such list or reference.
30. The parties agree that all covenants and conditions contained in this Agreement shall be
severable, and that should any covenant or condition in the Agreement be declared
invalid or unenforceable by a court of competent jurisdiction, the remaining covenants
and conditions and the remainder of the Agreement shall remain valid and not terminate
thereby.
31. This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable therein.
32. This Agreement embodies the entire agreement between the parties with regard to the
provision of deliverables and additional deliverables and supersedes any prior
understanding or agreement, collateral, oral or otherwise with respect to the provision of
the deliverables and additional deliverables, existing between the parties at the date of
execution of the agreement.
33. This Agreement shall not be assignable by the Service Provider without the prior written
consent of the Municipality, in its sole discretion.
34. This Agreement, executed in counterpart, may be exchanged by scanned or faxed copy.
A combination of counterparts shall be deemed to be an original.
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35. This Agreement shall enure to the benefit of, and be binding upon, the heirs, executofs,
administrators, successors and permitted assigns of the parties hereto.
IN WITNESS WHEREOF, the Municipality and the Service Provider have respectively
executed and delivered this Agreement on the date set out above.
Darter
The Corporation of the Municipality of Bayham
Ed tche�aw, Mayor
I ak `T 5 on as -payer, CAOICIerk
Date
oi /67b��
Date
t/We have the authority to bind the Corporation.
Tenet Security Group Incorporated
Name/Title: Ed PTmentel, Pr sident
µ
Name/Title: f.
llWe have authority to bind the Corporation.
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Schedule 'A'
1. In performing the Services, the Service Provider shall ensure that the following duties,
responsibilities and obligations are carried out to the standard of a competent by-law
enforcement officer:
• Upon receiving a request or direction from the Municipality, investigate and/or
enforce all applicable municipal by-laws and/or provincial legislation as authorized by
the Municipality;
* Take appropriate enforcement action including issuing tickets, Orders and Swearing
of Information and other legal documents, prepare witness statements and conduct
interviews and if necessary, give evidence in Court;
• Provide uniformed response throughout the municipality including the provision of an
appropriate identification badge indicating that the officer(s) represent the
Municipality;
* Arrange for any law enforcement support for the purpose of keeping the peace or
investigation of criminal matters when required for health and safety, with best efforts
to consult with the CAO on where and when such law enforcement involvement may
be necessary;
• Provide by-law enforcement coverage and/or presence at municipal or other special
events, as directed by the CAO;
* Patrol municipal property, including parkways, for the purposes of by-law
compliance, to prevent crime and monitor for any acts of trespass and vandalism;
• Provide written reports and summary of activity within seventy-two (72) hours of the
end of a shift or call out to an enforcement matter;
• Provide monthly activity reports provided to the CAO or designate regarding open
files;
* In consultation with the CAO, work with Ontario Provincial Police and any other
agencies on municipal related matters and respond to any requests from the Ontario
Provincial Police and other agencies in regard to municipal by-law matters;
* In consultation with the CAO, assist in any emergency situations and co-operate with
all local emergency services.
■ Work with the appointed solicitor of the Municipality for any legal/court proceedings,
as required
4 Provide trained and knowledgeable staff to perform the duties of by-law enforcement
officer(s);
Make recommendations to the Municipality about by-laws and municipal signage.
* Follow any enforcement policy set by the Council of the Municipality;
• Refrain from discussing the details of any by-law enforcement matter with the public
or any individual councilor of the Municipality;
Educate the public, whenever, possible, regarding municipal by-laws and the
enforcement of such by-laws;
* Carry out any related duties as required and determined by the Municipality from
time to time;
Provision of a patrol vehicle that is readily identifiable and a mountain bike to assist
with patrolling parks and trails if necessary;
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Provision of a mobile phone and laptop to facilitate communications and by-law
references;
Maintain accurate records of complaints, logs and document occurrence reports;
7 The Services shall be delivered for six (6) hours per calendar week, subject to the
following:
a. Flexibility is afforded to the Service Provider to perform the Services such that they
average six (6) hours per week, acknowledging that some calls for service may
require additional time during some weeks that can be averaged out the following
week. The Service Provider shall ensure that any intention to vary from the six (6)
hours per week is communicated to the Municipality in writing.
k; The Municipality shall have the ability, at any time and at its sole discretion, to limit
the number of hours performed in a given calendar week (and such limitation may
be expressed by a duration of multiple weeks) by so advising the Service Provider
in writing via e-mail. The Service Provider acknowledges and agrees that there is
no minimum guarantee of hours and that no compensation shall be paid where the
Services have been instructed to be limited and/or not provided
3 The Service Provider shall, generally, work jointly with the CAO to create a mutually
agreeable service delivery model and coverage schedule. The Service provider
acknowledges and agrees that enforcement may require evening and weekend shifts and
may further require attendance at meetings of the Council of the Municipality, as
requested.
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Schedule 'B'
FEES AND RATES
'i The Service Provider shall be paid the following rates for the Services:
a) $70.00 per hour of by-law enforcement officer duty, exclusive of HST;
b) During any statutory holiday, the rate set out in section 1(a) shall be time and a
half, being $105.00 per hour, exclusive of HST;
;i Where two (2) by-law enforcement officers are on -duty in one (1) patrol vehicle,
then the rate for both by-law enforcement officers shall be $120.00 per hour,
exclusive of HST, rather than multiplying the rate set out in section 1(a) by two
Any specialized devices (e.g. decibel meters) shall be at the expense and supply of the
Municipality;
The Municipality shall supply, at its own expense and in a volume adequate to the
Services the following items:
a1 Administrative and operational forms/certificates, including office stationary, for
the purposes of enforcement and prosecution;
h) If applicable, end -user access to relevant software applications and information
owned, managed or licensed by the Municipality for the purpose of aiding an
investigation and incident documentation;
c, Municipal boundary map;
d) Postage for notices, orders and correspondence;
Your clearance(s) /Vos certificats de déchargeWe confirm that the business(es) listed below are active and in good standing with us.Nous confirmons que la ou les entreprises énumérées ci-dessous sont actives et que leurs comptes sont en règle.Contractor legal or trade name /Raison sociale ou appellationcommerciale de l’entrepreneurContractor address /Adresse de l’entrepreneurContractor NAICS Code and CodeDescription / Code du SCIAN del’entrepreneur et descriptionClearancecertificatenumber /Numéro ducertificat dedéchargeValidity period(dd-mmm-yyyy)/ Période devalidité (jj-mmm-aaaa)TENET SECURITY GROUP INC.34 HARDY CRT, LUCAN, ON,N0M2J0, CA561612: Security guard and patrolservicesA0000IH5R720-Feb-2023 to19-May-2023WSIB Head Office: 200 Front Street WestToronto, Ontario, Canada M5V 3J1Siège social : 200, rue Front OuestToronto (Ontario) Canada M5V 3J11-800-387-0750 | TTY/ATS 1-800-387-0050employeraccounts@wsib.on.ca | wsib.caUnder Section 141 of the Workplace Safety and Insurance Act, the WSIB waives our right to hold the principal (the business that has entered into a contractualagreement with the contractor/subcontractor) liable for any unpaid premiums and other amounts the contractor may owe us for the validity period specified.Aux termes de l’article 141 de la Loi sur la sécurité professionnelle et l’assurance contre les accidents du travail, la WSIB renonce à son droit de tenir l’entrepreneurprincipal (l’entreprise qui a conclu une entente contractuelle avec l’entrepreneur ou le sous-traitant) responsable de toute prime impayée et autre montant quel’entrepreneur pourrait lui devoir pour la période de validité indiquée.Page 1 of 1