Regulatory Proposals under the Ontario Underground Infrastructure Notification System Act, 2012
Regulation - LGIC
Bill or Act:
Ontario Underground Infrastructure Notification System Act, 2012
Summary of Decision:
The Ontario government has approved a new regulation to provide Ontario One Call (ON1Call) with the ability to effectively administer the Ontario Underground Infrastructure Notification System Act.
The Ministry of Consumer Services appreciates the feedback provided during the consultation on the proposals. As a result of this feedback, revisions were made to the terms and conditions of membership:
- The current fee schedule continues to be in effect. Any future changes to the fee schedule would require the approval of two-thirds of members in attendance at a vote. This provides individual members with greater input into fee-setting made by the board.
- Members are required to report back to ON1Call using the online 360 Feedback feature to advise that locates are complete. Members will now have three business days instead of two business days to do so, with up to five days in extenuating circumstances.
- All members are expected to comply with the compliance framework and the act's requirements. With the regulation now in place, ON1Call may assess financial penalties for non-compliance by those infrastructure owners required to become members by June 19, 2013. Recognizing that members have had different timeframes to come into compliance, ON1Call will consider financial penalties for non-compliance by municipal members, beginning one year after June 19, 2014. ON1Call will continue to work with all members to establish compliance during this period.
October 31, 2013
Summary of Proposal:
The Ontario Underground Infrastructure Notification System Act, 2012 was passed by the Legislative Assembly and came into force on June 19, 2012. It converted Ontario One Call (ON1Call), an existing not-for-profit corporation, into a statutory not-for-profit corporation with responsibility to administer the act. The objective of the act is to reduce damage to underground infrastructure by streamlining the request process for excavators to obtain the location of buried infrastructure from underground infrastructure owners or operators (i.e. locates).
ON1Call operates a call centre to route locate requests to underground infrastructure owners who are responsible for providing locates. The act establishes that specified underground infrastructure owners or operators in Ontario are members of ON1Call and requires these members to provide information about their infrastructure to ON1Call. All non-municipal owners and operators of underground infrastructure were required to join ON1Call as of June 19, 2013. Municipalities are required to join before June 19, 2014.
The ministry has developed regulatory proposals which are intended to provide ON1Call with the ability to promote compliance with the act and to specify requirements for members that are necessary for ON1Call to administer the act. The attached consultation paper outlines regulatory proposals that:
- set the maximum fine upon prosecution of an offence,
- enable ON1Call to set requirements for members through corporate by-laws, and
- allow ON1Call to use a range of compliance tools for failure to meet the
requirements of the act or specified sections of its corporate by-laws.
The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal.
Ministry of Consumer Services
777 Bay Street, 5th Floor
Toronto, ON M7A 2J3
Attention: Vanessa Rae, Senior Policy Advisor
March 31, 2014