Running a construction project: prime contractor, safety duties, WCB, inspections and changes

Alberta's OHS publication LI018 (updated June 2024) says a prime contractor's main role is coordinating health and safety on a work site with two or more employers. Section 10(1) of the Occupational Health and Safety Act (consolidation current to 11 June 2025) says every construction work site must have a prime contractor if two or more employers are involved in work there.

The same rule also applies to oil and gas work sites and to any work site or class of work sites that a Director designates.

Next step. Ask Alberta OHS or the corporation's lawyer what the prime contractor's role means for your project.

Sources: Prime contractor role and duties, Occupational Health and Safety Act

Section 1(e)(i) of Alberta's Occupational Health and Safety Act includes, in its definition of a construction work site, a work site where the building, demolition, repair, alteration, extension or renovation of a structure is conducted.

Section 10(1) applies the prime contractor requirement to every construction work site with two or more employers involved in work there. The definition does not say how long or how large the work must be.

Next step. Describe the planned work to Alberta OHS and ask whether the site counts as a construction work site.

Sources: Occupational Health and Safety Act

Yes, according to Alberta OHS, if the site is a construction work site with two or more employers. Its publication LI018 says such sites must have a prime contractor even if the employers do not work at the same time. So a project where one trade follows another can still need one.

Next step. List every contractor and subcontractor expected on site, then ask Alberta OHS whether the project needs a prime contractor.

Sources: Prime contractor role and duties

Where Alberta's Occupational Health and Safety Act requires a site to have a prime contractor, it is whoever the person in control of the work site designates in writing, as section 10(2) requires. If that person does not do so, section 10(3) says they are deemed to be the prime contractor.

Who the person in control is on a condominium site is for Alberta OHS or the corporation's lawyer to say. An Alberta OHS bulletin adds that an owner is not necessarily the person in control of the work site.

Next step. Ask to see the written designation of the prime contractor for your project before work starts; for what CK says about its own role, see working with CK.

Sources: Occupational Health and Safety Act, Legal terms 101

That depends on who is in control of the work site. Section 10(3) of Alberta's Occupational Health and Safety Act deems the person in control to be the prime contractor if they fail to designate one, and an Alberta OHS bulletin says an owner is not necessarily that person.

The Act does not say whether a condominium corporation, its manager or a consultant is the person in control, and the bulletin (LGT002, June 2024) does not address condominium corporations or boards.

Next step. Ask Alberta OHS or the corporation's lawyer who is in control of your site, and get the answer in writing.

Sources: Occupational Health and Safety Act, Legal terms 101

Among other duties, section 10(7) of Alberta's Occupational Health and Safety Act says a prime contractor must, as far as reasonably practicable, establish a system or process that will ensure compliance with the Act, the regulations and the OHS Code at the work site. It must also, as far as reasonably practicable, conduct its own activities so that no person is exposed to hazards arising out of, or in connection with, activities there.

Section 10(10) says it must also ensure that the owner and any employer, supplier or service provider on the site is informed of existing or potential work site hazards that may affect workers or other persons. Section 10(11) adds a duty to cooperate with any person exercising a duty under the Act, the regulations and the OHS Code. Section 10(10) does not say how or when the information must be given.

Next step. Ask the prime contractor how site hazards will be reported to the board, and ask Alberta OHS or the corporation's lawyer what these duties mean for your project.

Sources: Occupational Health and Safety Act

Yes, to both. Section 10(6) of Alberta's Occupational Health and Safety Act says the prime contractor shall ensure that its name is posted in a conspicuous place at the work site. Section 10(7)(b) says the prime contractor shall designate a person in writing for the purposes of ensuring cooperation between the employer and workers in respect to health and safety and implementing a system to address the matters set out in section 13(6).

The designation in section 10(7)(b) is separate from the written designation of the prime contractor itself, which section 10(2) requires the person in control of the work site to make. Section 10(6) does not say what form the posting takes, and section 10(7)(b) does not say who the designated person must be or what qualifications that person needs.

Next step. On site, look for the prime contractor's posted name, and ask Alberta OHS what the designated person's role under section 10(7)(b) involves.

Sources: Occupational Health and Safety Act

Section 9 of Alberta's Occupational Health and Safety Act puts duties on every owner about the land and buildings, about hazards and about cooperation. Under section 9(1), the owner must ensure, as far as reasonably practicable, that the land, infrastructure and any building or premises on the land are provided and maintained so as not to endanger the health and safety of workers or any other person.

Section 9(2) says an owner must ensure that any hazard it identifies is communicated to all workers, employers, contracting employers, prime contractors, suppliers and service providers. That covers those conducting, or who may be reasonably anticipated to conduct, work activities in relation to the land, infrastructure and any building or premises on it. Section 9(3) says an owner must cooperate with any person exercising a duty under the Act, the regulations and the OHS Code. The Act does not mention condominium corporations.

Next step. Ask Alberta OHS or the corporation's lawyer who counts as the owner under the Act for your site and, if the corporation does, what it needs to do to meet these duties.

Sources: Occupational Health and Safety Act

No, the two Acts define 'owner' differently. Alberta's Occupational Health and Safety Act says 'owner' means the person registered under the Land Titles Act as owner of the land where work is or may be carried out. It also covers a person who agrees with the owner to be responsible for meeting the owner's obligations under the Act, the regulations and the OHS Code.

The Safety Codes Act says 'owner' includes a lessee, a person in charge, a person who has care and control and a person who holds out that they have the powers and authority of ownership or who for the time being exercises them. The OHS definition excludes a person who occupies land or premises used as a private residence, unless a business, trade or profession is carried on there. Neither Act mentions condominium corporations or says who the 'owner' of condominium common property is.

Next step. Ask the corporation's lawyer which definition governs each duty the board is asked to meet; see permits, codes and safety for the Safety Codes Act.

Sources: Occupational Health and Safety Act, Safety Codes Act

Under section 12(2) of Alberta's Occupational Health and Safety Act, a person who is both owner and prime contractor must meet the obligations of each. That subsection says a person with two or more functions in respect of one work site shall meet the obligations of each function, and section 12(1) lists prime contractor and owner among the functions.

Section 12(3) says that when the same duty falls on more than one person and one of them complies, the others are relieved of it only during the time when both of two conditions are met. The first is that simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense. The second is that the health and safety of any person at the work site is not put at risk by only one person complying. The Act does not mention condominium corporations.

Next step. Ask Alberta OHS or the corporation's lawyer which functions, if any, the corporation holds on your site, and whether the contract should say who carries out each duty.

Sources: Occupational Health and Safety Act

Section 1(f) of Alberta's Occupational Health and Safety Act defines a contracting employer as a person, partnership or group of persons who, through a contract, an agreement or ownership, directs the activities of one or more employers involved in work at a work site. A prime contractor is a different role: where a work site must have one, section 10 has the person in control designate a person in writing as the prime contractor.

Section 8(1) says a contracting employer who directs an employer's activities at a work site must ensure, as far as reasonably practicable, that the employer complies with the Act, the regulations and the OHS Code in respect of that work site. The Act does not say whether a condominium corporation, board or manager is a contracting employer; that turns on whether it directs an employer's activities, which is for Alberta OHS or the corporation's lawyer.

Next step. Ask Alberta OHS or the corporation's lawyer whether the corporation, a manager or a consultant directs the activities of any employer working on your project.

Sources: Occupational Health and Safety Act

WCB-Alberta says it is important to get a clearance letter before the work starts, during the contract and before issuing final payment. It says the letter shows whether the contractor has WCB-Alberta coverage and is in good standing. It also says to request another letter before making payment, because paying a contractor or subcontractor with an outstanding balance on their WCB account can make you responsible for the outstanding premiums.

WCB-Alberta's clearance help says a letter is valid for any work done up to its date, and for payments in instalments advises requesting one on the date of hire and before each payment. Section 126(1) of the Workers' Compensation Act (consolidation current to 18 December 2025) covers work a contractor performs for any person, called the 'principal'. It makes both the principal and the contractor liable for the amount of any premium under an assessment relating to that work.

Next step. Ask for a clearance letter before each contractor starts and before each payment, and ask the corporation's lawyer whether the corporation counts as a 'principal' under section 126.

Sources: Coverage for contractors and subcontractors, Clearance letters, Clearance Help, Workers' Compensation Act

WCB-Alberta says you can request a clearance letter yourself through your myWCB account, on a desktop or in the myWCB employer mobile app, or ask the subcontractor for one. Its myWCB Clearance Help FAQ adds that a person who does not have a WCB account can still request a clearance for work being done by others.

WCB-Alberta's 'Clearance letters' page says you can get clearance letters for yourself or the companies you hire by using the myWCB mobile app for employers, by signing in to your myWCB account, or by requesting a letter without a myWCB account. It says letters can be emailed, faxed or printed online. The sentences cited here do not say how long a request takes or mention condominium corporations.

Next step. Decide who will request each letter and when, and keep every letter with the project records.

Sources: Coverage for contractors and subcontractors, Clearance letters, Clearance Help

If a contractor's operations are exempt, or the contractor does not have optional coverage, WCB-Alberta says it may consider the contractor to be your worker, or you can apply for a deeming order to cover them as your workers. It also says a contractor or subcontractor in an exempt industry is not required to carry coverage for its workers or its directors or business owners.

The page says WCB-Alberta 'may' consider the contractor your worker; it does not say it always will. The sentences cited here do not list the exempt industries, say what a deeming order involves or mention condominium corporations. WCB-Alberta says its clearance letter confirms whether a contractor has coverage for its workers or its directors or business owners.

Next step. If a contractor has no WCB coverage, ask WCB-Alberta whether the contractor's industry is exempt and what a deeming order would mean for the corporation, before the work starts.

Sources: Coverage for contractors and subcontractors

The City of Edmonton's page on home renovations and basements says each permit holder is responsible for asking for whatever inspections are required at each stage of the construction. Where a building permit is needed, it comes first: the City's page on changes to existing buildings and sites says a building permit provides permission to begin construction.

The home renovations sentence does not name the stages, and the page, which is written for home renovations, does not say who the permit holder is on a given project. For renovations to apartments, condos or row houses with 5 or more units, the City's home improvement permits page points to its page on changes to existing buildings, and the sentence cited from that page does not mention inspections.

Next step. Ask the City which inspections your project needs and when, and have the contract name who will request each one; see permits and safety.

Sources: Changes to Existing Buildings and Sites, Home Renovations and Basements | City of Edmonton, Home Improvement Permits

Service Alberta says the board is responsible for hiring and supervising employees and contractors, including a condominium manager or management company. That is in its March 2026 'Owning a Condominium' publication, a plain-language summary rather than the statute.

A December 2025 Service Alberta fact sheet on the Prompt Payment and Adjudication Regulation adds that responsibility for managing contracts rests entirely with the contracting parties, including managing risk, defining roles and timelines and confirming obligations. It does not mention condominium corporations. Health and safety duties on site are set separately: Alberta's Occupational Health and Safety Act gives duties to owners, to contracting employers and, where a site must have one, to a prime contractor. Whether the corporation holds any of those roles is for Alberta OHS or the corporation's lawyer.

Next step. To hand day-to-day oversight to a manager or consultant, ask the corporation's lawyer what authority the board may give; see board duties.

Sources: Owning a Condominium, Prompt Payment and Adjudication Regulation, Occupational Health and Safety Act

CMHC advises that when a moisture problem is confined to one or a few specific areas of a building, consulting an engineering or architectural firm that specializes in building envelope work may be necessary before any remedial action begins. That is advice, not a legal requirement.

The passage comes from CMHC's manual on air leakage control in multi-unit residential buildings, and its examples are wetting patterns or mould growth in a handful of locations; it does not mention rot. If the repair changes the contract, Alberta.ca's 'Hiring a contractor' page, written for homeowners, advises that the homeowner approve the change in writing and that the contractor give a signed statement of the increase or reduction in cost. Neither source says who should call the engineer or who pays.

Next step. Before work starts, agree in writing who calls the engineer when damage is found and how extra work will be priced and approved; see what happens when rot is found.

Sources: Air Leakage Control for Multi-Unit Residential Buildings, Hiring a contractor | Alberta.ca

On its 'Hiring a contractor' page, written for homeowners, Alberta.ca says to ensure any changes to the contract have the homeowner's written approval and a signed statement from the contractor giving the increase or reduction in cost.

The City of Edmonton's manual for non-profit community groups says the contract will define how to handle change orders. Its example is that a contract might state that a change order must be in writing and agreed to by the group, its project manager and the constructor. It might also state that the order must be based on a description of the work and an estimate or firm price to be paid or deducted. Neither source is written for condominium corporations.

Next step. Ask the lawyer reviewing the contract to set out how changes are requested, priced and approved; see bids and contracts.

Sources: Hiring a contractor | Alberta.ca, Community-Led Projects Manual

Not under Alberta Infrastructure's General Conditions of Contract (Section 00 72 00, version of 8 January 2026), a provincial public-sector contract template. They say neither final payment nor any provision in the contract documents relieves the contractor from responsibility for faulty materials or workmanship that appear within one year from the date of Interim Acceptance of the Work.

The same applies to other periods specified for parts of the work, and the contractor shall remedy defects due to faulty materials or workmanship that appear within those periods. The City of Edmonton's manual for non-profit community groups says that, typically, the construction contract will establish an overall warranty period of one year from project completion. During that time the contractor will be responsible for fixing defects or deficiencies in the work at its own expense. Neither document is a statute, a statutory warranty or a rule for condominium corporations.

Next step. Ask the corporation's lawyer what the contract says about defects after final payment, and ask each contractor for a written statement of warranties: what is covered, for how long and what will be done if there are problems.

Sources: Section 00 72 00 General Conditions of Contract, Community-Led Projects Manual, Hiring a contractor | Alberta.ca