Proposal
Proposal for an Administrative Penalties Regulation under the Building Broadband Faster Act, 2021
Regulation Number(s):
N/A
Instrument Type:
Proposal
Bill or Act:
Building Broadband Faster Act, 2021
Summary of Proposal:
The Building Broadband Faster Act, 2021 (BBFA) gives authority to the Minister of Infrastructure to reduce barriers to the deployment of broadband-related infrastructure.
Under the Act, the minister may impose administrative penalties for non-compliance or contravention of the Act and its regulations. These penalties are part of a staged approach to the BBFA serving as a deterrent to non-compliance that could inhibit completion of provincially-designated broadband projects by the end of 2025.
The proposed regulation is expected to improve compliance with prescribed provisions of the Act and its regulations and help prevent a person or entity from deriving any economic benefit from contravening the prescribed provisions.
Feedback from this posting will inform further policy development on the proposed regulation. A more detailed summary would be posted for additional feedback prior to the approval process.
Components of the proposed administrative penalties regulation
The proposed administrative penalties regulation would consist of the following components:
• Application - establishes that an administrative penalty may be issued for non-compliance of BBFA provisions.
• Limitation - establishes that an administrative penalty may only be imposed within 60 days from when the contravention occurred.
• Penalty amount and consideration - establishes that, when considering the amount of an administrative penalty, the Minister of Infrastructure may consider the following factors:
o Compliance history and any previous contravention.
o The impact of the contravention.
o Whether actions have been implemented to remedy the contravention.
o Costs that the person avoided by failing to comply with the provision.
o Costs that the person delayed incurring by delaying compliance with the provision.
o Gains that the person has accrued by failing to comply with the provision.
• Content of penalty order - establishes that an order imposing an administrative penalty must include, at a minimum, the following information:
1. A description of the contravention and the provision of the BBFA that was contravened.
2. The day or days or the parts of the day or days on which the contravention occurred.
3. The amount of penalty payable.
4. Information about the right to review under subsection 24 (7) of the BBFA.
• Review - establishes that a person who receives an order that imposes an administrative penalty on them may apply to the Ontario Land Tribunal for a review of the order within 15 days from the day the order is served.
Under the Act, the minister may impose administrative penalties for non-compliance or contravention of the Act and its regulations. These penalties are part of a staged approach to the BBFA serving as a deterrent to non-compliance that could inhibit completion of provincially-designated broadband projects by the end of 2025.
The proposed regulation is expected to improve compliance with prescribed provisions of the Act and its regulations and help prevent a person or entity from deriving any economic benefit from contravening the prescribed provisions.
Feedback from this posting will inform further policy development on the proposed regulation. A more detailed summary would be posted for additional feedback prior to the approval process.
Components of the proposed administrative penalties regulation
The proposed administrative penalties regulation would consist of the following components:
• Application - establishes that an administrative penalty may be issued for non-compliance of BBFA provisions.
• Limitation - establishes that an administrative penalty may only be imposed within 60 days from when the contravention occurred.
• Penalty amount and consideration - establishes that, when considering the amount of an administrative penalty, the Minister of Infrastructure may consider the following factors:
o Compliance history and any previous contravention.
o The impact of the contravention.
o Whether actions have been implemented to remedy the contravention.
o Costs that the person avoided by failing to comply with the provision.
o Costs that the person delayed incurring by delaying compliance with the provision.
o Gains that the person has accrued by failing to comply with the provision.
• Content of penalty order - establishes that an order imposing an administrative penalty must include, at a minimum, the following information:
1. A description of the contravention and the provision of the BBFA that was contravened.
2. The day or days or the parts of the day or days on which the contravention occurred.
3. The amount of penalty payable.
4. Information about the right to review under subsection 24 (7) of the BBFA.
• Review - establishes that a person who receives an order that imposes an administrative penalty on them may apply to the Ontario Land Tribunal for a review of the order within 15 days from the day the order is served.
Analysis of Regulatory Impact:
Feedback from this posting will inform further the analysis of regulatory impact.
Further Information:
Building Broadband Faster Act, 2021
Building Broadband Faster in Ontario: Provincial Statement of Intent and a Guideline
Proposal Number:
22-MOI002
Posting Date:
March 8, 2022
Comments Due Date:
April 22, 2022
Contact Address:
Ministry of Infrastructure
Strategic Policy and Analytics Branch
College Park
777 Bay St
4th Flr Suite 425
Toronto
ON M5G 2E5
Attention: Suhail Iqbal, Senior Policy Analyst
Strategic Policy and Analytics Branch
College Park
777 Bay St
4th Flr Suite 425
Toronto
ON M5G 2E5
Attention: Suhail Iqbal, Senior Policy Analyst