Regulatory proposals under the Building Broadband Faster Act, 2021 (BBFA)
O. Reg 436/22 (Definitions and Prescribed Provisions)
O. Reg 782/21 (Prescribed Loss or Expense)
Regulation - Minister
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 (the Minister) to take steps to reduce barriers to the deployment of broadband-related infrastructure.
1. Modification of OEB Orders
Under the Ontario Energy Board Act, 1998 (OEBA), a regulation is in place, Ontario Regulation (O. Reg. 410/22), that sets out requirements for local distribution companies (LDCs) related to pole attachment and replacement work for designated broadband projects. This includes: timelines, processes, cost recovery, and material deficiencies. O. Reg. 410/22 allows the Ontario Energy Board (OEB) to resolve disputes between internet service providers (ISPs) and LDCs related to the aforementioned items through the issuance of orders.
Under the BBFA, the Minister has the authority to issue notices and orders to LDCs regarding their compliance with O. Reg. 410/22. Additionally, the Minister can issue a notice that modifies an order issued by the OEB under O. Reg. 410/22. The proposed regulation would modify O. Reg. 436/22-an existing BBFA regulation that already relates to O. Reg. 410/22 under the OEBA-and outline the circumstances in which this modification of an OEB order can occur. The circumstances would be limited to altering or clarifying a time period for the completion of work set out in an OEB order.
2. OEB Compensation Orders
It is possible that the OEB may order compensation related to losses and/or damages incurred by ISPs or LDCs as per requirements of O. Reg. 410/22. The BBFA allows for such compensation, but only if it is prescribed through regulation under the BBFA itself. The proposed regulation will amend O. Reg 436/22 under the BBFA to allow any compensation orders that may be issued by the OEB to apply to designated broadband projects.
3. Revocation of O. Reg. 782/21
O. Reg. 782/21, under the BBFA, is obsolete and the intention is to revoke it to avoid any confusion. The regulation relates to a previous version of a provision of the BBFA when that provision referred to a loss or expense that was to be prescribed under regulations, and was prescribed by O. Reg. 782/21. As a result of amendments made in April 2022 to the provision of the BBFA, that provision of the BBFA no longer refers to a prescribed loss or expense. Therefore, O. Reg. 782/21 has no force and effect and the intention is for it to be revoked.
Analysis of Regulatory Impact:
The proposed Minister's regulation is administrative in nature, where the impacts are already created through the BBFA and O. Reg 410/22. No compliance costs would be incurred via the proposed regulation.
Feedback from this posting during the posting period will inform the analysis of regulatory impact, which will be limited.
November 15, 2022
Comments Due Date:
December 15, 2022
Ministry of Infrastructure
Broadband Strategic Policy and Analytics Branch
777 Bay St
4th Flr Suite 425
ON M5G 2E5