Regulation - Minister
Consultation on potential Minister's regulation to exempt certain broadband projects from the requirement to use the dedicated locator model
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Ontario Underground Infrastructure Notification System Act, 2012
Summary of Proposal:
The Ontario Underground Infrastructure Notification System Act, 2012 (One Call Act) requires that designated broadband projects under the Building Broadband Faster Act, 2021 use a dedicated locator (DL) for the duration of the project. Mandating the DL model for designated broadband projects was intended to support the government's commitment to bring high-speed internet access to unserved and underserved homes and businesses by the end of 2025.
The DL model provides for one pre-identified locator to deliver locates for all affected members' underground infrastructure (except transmission infrastructure). The DL model enables project owners to have greater control over locate request timelines by using a dedicated locator at their own cost. No other types of projects are mandated by the One Call Act to use the DL model. However, project owners can voluntarily choose to use the DL model at their own expense.
Stakeholders have expressed concerns with the lack of flexibility of the model leading to delays in some broadband projects, including the legislated requirement that 100% of the affected underground infrastructure owners/operators (UIOs) and the project owner must agree on the selection of the DL, the limited supply of DL service providers, the lack of standardized training and education for locators, and the lack of accurate and digitalized mapping information from some underground infrastructure owners.
MPBSDP would like your input on the development of a potential regulation to exempt designated broadband projects from the requirement to use the DL model if those projects are located:
• In Northern Ontario as defined by the One Call Act (i.e., territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming and the City of Greater Sudbury); or
• In a local municipality (single-tier municipality or a lower-tier municipality) as defined by the Municipal Act, 2001 with a Census population of less than 100,000 people based on the most recent Census data published by Statistics Canada.
This proposed exemption would apply to all future designated broadband projects and current designated broadband projects where notice has been given to Ontario One Call (OOC) pursuant to s. 7(2), but the project owner and affected UIOs have not agreed upon a dedicated locator within ten business days of the project owner receiving notice from OOC, per s. 7(7)(a) of the One Call Act. The proposed exemption would also be applicable to designated broadband projects that have funding agreements signed with MOI but have not provided notice via s.7(2) to OOC.
Project owners with exempted broadband projects may elect to use the DL model at their discretion.
If a decision is made to proceed with this proposal, the ministry is considering a regulation effective date of mid-September 2024.
The ministry is seeking your feedback on the proposed regulatory approach, which will help inform government decision making.
Feedback on the proposal:
The proposal entails exempting certain designated broadband projects from the requirement to use the DL model based on its location or the size of the municipality where the project is being undertaken (as outlined in the posting).
• Are the proposed conditions clearly defined? Do you anticipate any challenges in applying these proposed conditions to designated broadband projects? Are there any other conditions that should be considered to exempt designated broadband projects from the requirement of using the DL model?
• Do you anticipate this proposed exemption would help support the acceleration of broadband projects in Ontario? If so, how?
• If you are currently using the DL model through OOC, please describe what is working well and whether you are experiencing challenges with the current requirements prescribed in the One Call Act.
• If you are currently using the DL model through OOC, or your underground infrastructure is affected by it, have you experienced challenges agreeing on a dedicated locator? What are the main factors contributing to an impasse between parties?
• To help the province assess the benefits of this potential regulatory change, please identify/estimate the cost implications or savings you anticipate as a:
o Broadband project owner/internet service provider or
o Affected member/underground infrastructure owner/operator.
• Are there any public safety or other concerns with this proposal? If so, what measures would you suggest to address those concerns?
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 and Procurement, 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.
The DL model provides for one pre-identified locator to deliver locates for all affected members' underground infrastructure (except transmission infrastructure). The DL model enables project owners to have greater control over locate request timelines by using a dedicated locator at their own cost. No other types of projects are mandated by the One Call Act to use the DL model. However, project owners can voluntarily choose to use the DL model at their own expense.
Stakeholders have expressed concerns with the lack of flexibility of the model leading to delays in some broadband projects, including the legislated requirement that 100% of the affected underground infrastructure owners/operators (UIOs) and the project owner must agree on the selection of the DL, the limited supply of DL service providers, the lack of standardized training and education for locators, and the lack of accurate and digitalized mapping information from some underground infrastructure owners.
MPBSDP would like your input on the development of a potential regulation to exempt designated broadband projects from the requirement to use the DL model if those projects are located:
• In Northern Ontario as defined by the One Call Act (i.e., territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming and the City of Greater Sudbury); or
• In a local municipality (single-tier municipality or a lower-tier municipality) as defined by the Municipal Act, 2001 with a Census population of less than 100,000 people based on the most recent Census data published by Statistics Canada.
This proposed exemption would apply to all future designated broadband projects and current designated broadband projects where notice has been given to Ontario One Call (OOC) pursuant to s. 7(2), but the project owner and affected UIOs have not agreed upon a dedicated locator within ten business days of the project owner receiving notice from OOC, per s. 7(7)(a) of the One Call Act. The proposed exemption would also be applicable to designated broadband projects that have funding agreements signed with MOI but have not provided notice via s.7(2) to OOC.
Project owners with exempted broadband projects may elect to use the DL model at their discretion.
If a decision is made to proceed with this proposal, the ministry is considering a regulation effective date of mid-September 2024.
The ministry is seeking your feedback on the proposed regulatory approach, which will help inform government decision making.
Feedback on the proposal:
The proposal entails exempting certain designated broadband projects from the requirement to use the DL model based on its location or the size of the municipality where the project is being undertaken (as outlined in the posting).
• Are the proposed conditions clearly defined? Do you anticipate any challenges in applying these proposed conditions to designated broadband projects? Are there any other conditions that should be considered to exempt designated broadband projects from the requirement of using the DL model?
• Do you anticipate this proposed exemption would help support the acceleration of broadband projects in Ontario? If so, how?
• If you are currently using the DL model through OOC, please describe what is working well and whether you are experiencing challenges with the current requirements prescribed in the One Call Act.
• If you are currently using the DL model through OOC, or your underground infrastructure is affected by it, have you experienced challenges agreeing on a dedicated locator? What are the main factors contributing to an impasse between parties?
• To help the province assess the benefits of this potential regulatory change, please identify/estimate the cost implications or savings you anticipate as a:
o Broadband project owner/internet service provider or
o Affected member/underground infrastructure owner/operator.
• Are there any public safety or other concerns with this proposal? If so, what measures would you suggest to address those concerns?
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 and Procurement, 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:
The Ministry of Public and Business Service Delivery and Procurement is requesting that if applicable, stakeholders submit their estimated costs and/or cost savings that would be associated with complying to the proposed exemption in the regulatory proposal. Stakeholder submissions including estimated costs/cost savings would be used to inform the regulatory impact assessment.
Further Information:
Ontario Underground Infrastructure Notification System Act, 2012
Proposal Number:
24-MPBSD015
Posting Date:
July 29, 2024
Comments Due Date:
August 13, 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