Regulation - Minister
Consultation on potential circumstances where digging may continue beyond the locate validity period without having to request a new locate.
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Ontario Underground Infrastructure Notification System Act, 2012
Summary of Proposal:
MPBSD would like your input on the development of a potential regulation that would prescribe circumstances where digging may continue after the expiration of the locate validity period. As specified in the Ontario Underground Infrastructure Notification System Act, 2012 (One Call Act), once a locate has passed its validity period a new locate must be obtained in order to continue to dig.
MPBSD is proposing to address stakeholder requests for more efficiencies in the locate delivery system to support the timely completion of construction projects, while maintaining public safety.
MPBSD is considering requiring the following circumstances be met for excavators to continue to dig after the expiry of the locate validity period without having to request a new locate:
• Excavation projects where all known underground infrastructure has been removed or fully exposed and safely protected, with a buffer of a minimum of one metre below the lowest identified infrastructure. The excavator would be required to notify One Call five business days prior to the expiration of the locate that the following conditions are met:
- the excavation has the same fixed parameters as identified in the last valid locate request** (e.g., the area where digging occurs);
- no dig related information that was submitted in the last valid locate, nor the completed locate information has changed;
- no underground infrastructure nor reference points (e.g., a curb) have been added, moved, shifted, impacted, or changed since the last valid locate was completed; and
- the excavator retains control of the project dig site.
• The excavator would be required to also provide regular updates to One Call to confirm that they continue to meet all of the proposed conditions in a prescribed time and manner (e.g., every 90 days) until one year has passed from the expiry date of the last valid locate, after which a new locate request would be required.
• One Call would notify the relevant members with the initial notification as well as subsequent updates. Notifications would provide members details of the project and any related updates.
** Locates are required per the One Call Act prior to an excavation or dig. A locate request, submitted to One Call, must identify the parameters for the excavation or dig that would be taking place.
If a decision is made to proceed with this proposal, the ministry is considering a regulation effective date of April 1, 2025.
The ministry is seeking your feedback on the proposed regulatory approach, which will help inform government decision making.
Feedback on the proposal:
• On average, how long do excavation projects that meet the proposed circumstances (as outlined in this posting) remain active?
- As far as you are aware, on average how many excavation projects that meet the proposed circumstances occur each year?
- Are there estimates of these types of excavation projects increasing over the coming years?
• As this proposal has outlined, excavators would be required to confirm that the prescribed circumstances have been met in order to continue to dig past a locate validity period without having to request a new locate. How do excavators identify/determine the following circumstances?
- no underground infrastructure has been "added, moved, shifted, impacted or changed."
- that all underground infrastructure has been "fully exposed," and
- how to ensure it is safely protected.
Please identify any considerations or suggestions related to responsibility in the event of any damages.
• Should this approach specify types of excavation projects eligible for the circumstances listed above? If so, which ones?
• The ministry is proposing to use terms such as "fully exposed infrastructure," and "safely protected infrastructure." Please explain what these terms mean.
• Are there any additional public safety concerns with this proposal? If so, what measures are suggested to address those concerns.
• Underground infrastructure owners/operators would receive a notification from One Call that the excavator has confirmed the prescribed circumstances have been met in order for digging to continue past the locate validity period without submitting a new locate request. Are there any further details that you recommend be conveyed in this notification?
• To help the province assess the benefits of this potential regulatory change, please identify /estimate:
- potential impacts of current legislative requirements regarding locate validity (e.g., minimum of 60 days, unless the markings are no longer visible) in terms of the duration of project delay (in days).
- please quantify the associated financial/administrative costs.
If you have any other comments, please feel free to include them in your submission.
We invite you to review the details of this posting and share comments for ministry consideration.
Privacy Statement
Please note that unless agreed otherwise by the Ministry of Public and Business Service Delivery, all submissions received from organizations in response to this consultation will be considered public information and may be used and disclosed by the ministry to assist the ministry in evaluating and revising its proposal. This may involve disclosing any response received, or summaries of them, to other interested parties.
An individual who provides a response and indicates an affiliation with an organization will be considered to have submitted the response on behalf of that organization.
MPBSD is proposing to address stakeholder requests for more efficiencies in the locate delivery system to support the timely completion of construction projects, while maintaining public safety.
MPBSD is considering requiring the following circumstances be met for excavators to continue to dig after the expiry of the locate validity period without having to request a new locate:
• Excavation projects where all known underground infrastructure has been removed or fully exposed and safely protected, with a buffer of a minimum of one metre below the lowest identified infrastructure. The excavator would be required to notify One Call five business days prior to the expiration of the locate that the following conditions are met:
- the excavation has the same fixed parameters as identified in the last valid locate request** (e.g., the area where digging occurs);
- no dig related information that was submitted in the last valid locate, nor the completed locate information has changed;
- no underground infrastructure nor reference points (e.g., a curb) have been added, moved, shifted, impacted, or changed since the last valid locate was completed; and
- the excavator retains control of the project dig site.
• The excavator would be required to also provide regular updates to One Call to confirm that they continue to meet all of the proposed conditions in a prescribed time and manner (e.g., every 90 days) until one year has passed from the expiry date of the last valid locate, after which a new locate request would be required.
• One Call would notify the relevant members with the initial notification as well as subsequent updates. Notifications would provide members details of the project and any related updates.
** Locates are required per the One Call Act prior to an excavation or dig. A locate request, submitted to One Call, must identify the parameters for the excavation or dig that would be taking place.
If a decision is made to proceed with this proposal, the ministry is considering a regulation effective date of April 1, 2025.
The ministry is seeking your feedback on the proposed regulatory approach, which will help inform government decision making.
Feedback on the proposal:
• On average, how long do excavation projects that meet the proposed circumstances (as outlined in this posting) remain active?
- As far as you are aware, on average how many excavation projects that meet the proposed circumstances occur each year?
- Are there estimates of these types of excavation projects increasing over the coming years?
• As this proposal has outlined, excavators would be required to confirm that the prescribed circumstances have been met in order to continue to dig past a locate validity period without having to request a new locate. How do excavators identify/determine the following circumstances?
- no underground infrastructure has been "added, moved, shifted, impacted or changed."
- that all underground infrastructure has been "fully exposed," and
- how to ensure it is safely protected.
Please identify any considerations or suggestions related to responsibility in the event of any damages.
• Should this approach specify types of excavation projects eligible for the circumstances listed above? If so, which ones?
• The ministry is proposing to use terms such as "fully exposed infrastructure," and "safely protected infrastructure." Please explain what these terms mean.
• Are there any additional public safety concerns with this proposal? If so, what measures are suggested to address those concerns.
• Underground infrastructure owners/operators would receive a notification from One Call that the excavator has confirmed the prescribed circumstances have been met in order for digging to continue past the locate validity period without submitting a new locate request. Are there any further details that you recommend be conveyed in this notification?
• To help the province assess the benefits of this potential regulatory change, please identify /estimate:
- potential impacts of current legislative requirements regarding locate validity (e.g., minimum of 60 days, unless the markings are no longer visible) in terms of the duration of project delay (in days).
- please quantify the associated financial/administrative costs.
If you have any other comments, please feel free to include them in your submission.
We invite you to review the details of this posting and share comments for ministry consideration.
Privacy Statement
Please note that unless agreed otherwise by the Ministry of Public and Business Service Delivery, all submissions received from organizations in response to this consultation will be considered public information and may be used and disclosed by the ministry to assist the ministry in evaluating and revising its proposal. This may involve disclosing any response received, or summaries of them, to other interested parties.
An individual who provides a response and indicates an affiliation with an organization will be considered to have submitted the response on behalf of that organization.
Analysis of Regulatory Impact:
Feedback from this posting will further inform the analysis of regulatory impact. The ministry will continue to engage key partners to further explore potential regulatory impacts associated with this posting.
Further Information:
Ontario Underground Infrastructure Notification System Act, 2012
Proposal Number:
24-MPBSD010
Posting Date:
June 21, 2024
Comments Due Date:
July 22, 2024
Contact Address:
Ministry of Public and Business Service Delivery
Public Safety and Operations Policy Branch
56 Wellesley St. West, 6th floor
Toronto, ON M7A 1C1
PublicSafetyandOperationsPolicyBranch@ontario.ca
Public Safety and Operations Policy Branch
56 Wellesley St. West, 6th floor
Toronto, ON M7A 1C1
PublicSafetyandOperationsPolicyBranch@ontario.ca