Fair Wage Policy and Fair Wage Schedule

The City of Brampton is committed to procuring socially responsible construction services. In line with this commitment and Council priorities, the Fair Wage Policy was adopted in October 2023. The policy enables the City to use its tendering process to achieve economic fairness and ensure worker health and safety. In addition, the policy encourages contractors to invest in and provide employees with training and apprenticeships.

The Fair Wage policy aligns with and advances the implementation of the City’s Sustainable Procurement Strategy by supporting community benefits such as increasing opportunities as well as ensuring high ethical standards in respect of labour rights and workplace safety.

The policy applies to all construction, renovation, repair, and maintenance work, including optional renewals, with a procurement value of $500,000 or greater.

Specifically, the Fair Wage Policy applies to construction, maintenance, and repair of:

Buildings, including their electrical, plumbing, heating, and cooling systems
Roads, sidewalks, bridges, and related structures
Sewers and watermains and other utilities installations
Transit stops and transit rights-of-way

The Fair Wage Policy applies to both general contractors that are tendered by the City and any sub-contractors that may be hired by the general contractor.

The general contractor and sub-contractor performing construction work covered by the Fair Wage Policy must adhere to the requirements outlined in the policy, including:

Ensuring full compliance with the Fair Wage Policy and pay no less than the compensation set out in the City’s fair wage schedule for the relevant classifications and types of construction work included in the policy.
Placing the fair wage poster, supplied by the City, alongside the Workplace Safety and Insurance Board poster.
Informing all employees of the City’s Fair Wage Policy and Fair Wage rates.
Complete the statutory declaration at the completion of the project or as requested by the City affirming the general contractor and subcontractors:

Are in full compliance with all statutory obligations
Have made all obligatory remittances
Have classified all workers who are employees per the Employment Standards Act as employees
Have required all workers who are properly classified as independent operators as defined by the Workplace Safety and Insurance Act are registered with the Workplace Safety and Insurance Board

Ensuring all sub-contractors are fully compliant with the Fair Wage Policy.
Fully cooperate with any inquiries or investigations undertaken by the city of its representatives.
Where non-compliance with the Fair Wage Policy has been determined, the non-compliant contractor is obliged to pay the amounts affected employees should have been paid within 14 days.

A complaint alleging non-compliance with the Fair Wage Policy and Fair Wage Schedule can be filed by any person, organization, or corporation.
Complaints must be submitted using the Fair Wage Complaint Form and within 90 calendar days after completion of employment on the project supported with proof of last payment or payroll records. Complaints may also be submitted at any time during the tendered project.
Sufficient details must be provided to enable inquiries to be made or an investigation to be undertaken.
A $5,000 fee is required to file a complaint unless the complainant is an employee of the subject vendor or sub-contractor. The fee is refundable if the compliant is substantiated.

When a complaint is received alleging that the City’s Fair Wage Policy and Fair Wage Schedule have not been followed, the Fair Wage Administrator will assess whether enough information has been provided to warrant an investigation.

If an investigation is deemed necessary, the payroll records of the vendor in question and/or the sub-contractor will be examined, and employees may be interviewed to determine if the Fair Wage Policy has been violated.

Failure to provide the requested payroll documents within fourteen business days of the information request will result in the complaint being considered valid.

Vendors who have been found to have violated the policy have the option to appeal the decision by writing to the Fair Wage Administrator (purchasing@brampton.ca) within five business days from being notified of the complaint outcome and provide a detailed statement outlining the grounds for the appeal and request a meeting with the Fair Wage Administrator and Manger of Procurement.

Non-compliance with the Fair Wage policy can have significant implications. Non-compliance occurs when contractors or subcontractors fail to pay their employees the appropriate wage set in the applicable Fair Wage schedule. The consequences of such non-compliance include the requirement to pay wage arrears, administrative fees for investigations, and the potential suspension from bidding on future city contracts.

Vendor barred or suspended from future city contracts due to Fair Wage Policy violations will be listed on the Vendor Management webpage.

Scope

Contractor Role and Responsibilities

Filing a Complaint for Non-Compliance

Complaint Process

Fair Wage Schedule

Non-Compliant Vendors

Downloads