Getting Ontario Connected Act, 2022 — Bill 93 (42nd Parliament, 2nd Session)

Bill 93, 42-2

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Bill 93, Getting Ontario Connected Act, 2022

Surma, Hon. Kinga Minister of Infrastructure

Royal Assent received. Statutes of Ontario 2022,

chapter 9

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Bill 93 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 93 and does not form part of the law.

Bill 93 has been enacted as

Chapter 9 of the Statutes of Ontario, 2022.

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

The

Building Broadband Faster Act, 2021 is amended.

Among the amendments:

1. Subsection

4 (1),

section 6, and subsection 7 (1) are repealed and replaced. The new

subsection 4 (1) sets out when the Minister may by notice require a distributor

or transmitter to complete work necessary for the deployment of a designated

broadband project including in circumstances where the Ontario Energy Board has

made an order. The new

section 6 requires that such notices specify the date by

which the notice must be complied with, except in prescribed circumstances, and

provides that modifications may be made to orders of the Ontario Energy Board.

The new subsection 7 (1) provides that where a notice specifies a date, an

application may be made to a judge of the Superior Court of Justice for an

order altering the date.

2. New

section 10.1 includes new requirements for municipalities in responding to

municipal service and right of way access applications from proponents of

designated broadband projects.

3. New

section 20.1 includes new requirements relating to data sharing for certain

persons or entities. If specified persons or entities receive a request from

the Minister for data concerning utility infrastructure owned by that person or

entity within 10 metres of a designated broadband project, they are required to

disclose the requested data within 15 business days of receiving the request.

The Minister may use the Broadband One Window platform to make such a request.

The data disclosed may be used to enable construction of designated broadband

projects.

Section

21 of the Act is repealed and replaced. The new

section 21 requires a proponent

of a designated broadband project who intends to carry out an excavation or dig

for the project to comply with

section 7 of the Ontario

Underground Infrastructure Notification System Act, 2012 . The new

section 21 also sets out timelines within which a proponent and an affected

member of Ontario One Call are required to agree to a dedicated locator who

would respond to locate requests by the proponent.

SCHEDULE 2

ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012

The

Schedule amends the Ontario Underground Infrastructure

Notification System Act, 2012 . Here are some highlights:

Changes

are made to the Minister’s powers with respect to the members of the board of

the Corporation. For example, the Minister may appoint members to the board as

long as the appointed members do not constitute a majority of the board. The

Minister may also provide that no more than a fixed percentage of members of

the board shall be drawn from among the persons or classes of persons specified

in the order.

The

Minister and the Corporation are required to enter into a memorandum of

understanding, which shall include, at a minimum, terms related to certain

specified matters.

Various

changes are made with respect to locate requests, including the following:

1. A

member may receive a standard locate request or an emergency locate request

from the Corporation that has been submitted by an excavator, and the member

must respond to each type of request within certain time limits.

2. A

project owner who intends to carry out a specified excavation or dig project is

required to notify the Corporation of the project. The affected members and

the project owner must agree in writing on a locator (the “dedicated locator”)

who will respond to locate requests, except in respect of transmission

infrastructure, by the project owner in respect of the project. Certain

requirements are imposed on the affected members, the project owner and the

dedicated locator. If a project owner submits a locate request that may affect

transmission infrastructure, the member who owns or operates the infrastructure

is required to respond to the locate request. The Minister is permitted to

make regulations establishing additional requirements, prescribing

modifications to the rules or governing the non-application of all or any part

of the rules.

3. A

locate is valid for a period of 60 days or such other period as may be

prescribed, however the member or dedicated locator may specify that it is

valid for a longer period. If the markings provided on the ground are no longer

visible, the validity period in respect of the locate is deemed to have

expired.

4. If

a member becomes aware of a change to information that was provided in regards

to a locate that is still valid, the member is required to notify certain

persons within two business days after becoming aware of the change.

5. Changes are made to the conditions that must be satisfied

before an excavator can commence an excavation or dig and new conditions are

set out for the continuation of an excavation or dig after the validity period

of a locate has expired.

6. Provision

is made for excavators to share locate information that they receive with other

excavators.

7. Excavators

are prohibited from submitting a standard locate request more than 30 days

before an excavation or dig is expected to commence and are prohibited from

submitting an emergency locate request that does not satisfy the description of

such a request.

8. Members

and dedicated locators are required to notify the Corporation after responding

to a locate request, and to notify the Corporation if there will be a delay in

responding to a locate request.

The

Corporation is required to make certain information about members’ locate

performance available to the public on the Corporation’s website.

excavator may claim compensation against a member for certain losses if the

member does certain things, such as failing to provide an accurate locate.

Likewise, a member may claim compensation against an excavator for certain

losses if the excavator does certain things.

new offence provision provides that it is an offence for a person or entity,

other than the Corporation, to contravene or fail to comply with any

section of

the Act or the regulations. It is also an offence for the Corporation or its

directors, officers, employees or agents to knowingly contravene the Act or the

regulations.

assessor appointed by the Corporation is allowed to impose an administrative

penalty against a member or excavator if the assessor is satisfied that the

member or excavator has contravened or is contravening a prescribed provision

of the Act or of the regulations. The member or excavator can appeal the order

to the appeal body prescribed by a regulation made by the Minister or to the

Ontario Land Tribunal if the Minister has not prescribed a person for that

purpose. The Corporation is required to make information about orders imposing

administrative penalties available to the public on the Corporation’s website,

except for orders that are revoked.

Bill 93 2022

Act to amend the Building Broadband Faster Act, 2021 and the Ontario

Underground Infrastructure Notification System Act, 2012

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Broadband Faster Act, 2021

Schedule 2

Ontario

Underground Infrastructure Notification System Act, 2012

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of

this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of

this Act is the Getting Ontario Connected Act, 2022 .

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

Section 2 of the Building Broadband Faster Act, 2021

is amended by adding the following

definitions:

“Broadband

One Window platform” means the digital platform maintained on behalf of the

Minister to support the design, procurement, construction and management of

designated broadband projects; (“ plateforme Broadband One Window ”)

“dedicated

locator” has the same meaning as in the Ontario Underground

Infrastructure Notification System Act, 2012 ; (“ localisateur unique ”)

“utility

company” means a municipal corporation or commission or a company or individual

operating or using communications services, water services or sewage services,

or transmitting, distributing or supplying any substance or form of energy for

light, heat or power; (“entreprise de services publics”)

“utility

infrastructure” means poles, wires, cables including fibre-optic cables,

conduits, towers, transformers, pipes, pipelines or any other works, structures

or appliances placed over, on or under land or water by a utility company. (“ infrastructure

de services publics ”)

Subsection 4 (1) of the Act is repealed and the following substituted:

Notice

to distributor and transmitter

(1) The

Minister may by notice require a distributor or transmitter to complete work

if, in the opinion of the Minister, the work is necessary for the deployment of

a designated broadband project, and if,

(

a) the

Ontario Energy Board has made an order with respect to any application made by

a proponent to the Ontario Energy Board under the Ontario

Energy Board Act, 1998 with respect to the work; or

(

b) no

application has been made by the proponent to the Ontario Energy Board under

the Ontario Energy Board Act, 1998 regarding the

work and the Minister has,

(

i) determined

that the distributor or transmitter has not met a requirement under the Ontario Energy Board Act, 1998 or this Act with respect

to when something must be done and the requirement is prescribed by regulation

under this Act for the purposes of this subsection, or

(ii) received

written notice from a proponent that there is a disagreement between the

proponent and the distributor or transmitter as to whether the distributor or

transmitter has met a requirement under the Ontario Energy

Board Act, 1998 or this Act and the requirement is prescribed by

regulation under this Act for the purposes of this subsection.

Section 6 of the Act is repealed and the following substituted:

Timelines

(1) Subject

to subsection (2), a notice issued in accordance with

section 4 shall specify

the date by which the notice must be complied with and the date shall be the

date agreed on by the proponent and the distributor or transmitter, or, in

default of agreement, shall be at least 60 days after the notice is served,

unless a shorter period of time has been prescribed for the purposes of this

subsection.

Exception

(2) In

the circumstances that are prescribed, a notice issued in accordance with

section

4 is not required to specify a date for compliance.

Modifications

(3) In

the circumstances that are prescribed, a notice issued in accordance with

clause 4 (1) (a),

(

a) may

specify modifications to the order referred to in clause 4 (1) (a); and

(

b) is

subject to any restrictions as may be prescribed.

Subsection 7 (1) of the Act is repealed and the following substituted:

Application

for additional time

(1) If

a notice specifies a date, the distributor or transmitter may apply to a judge

of the Superior Court of Justice for an order altering the date specified in

the notice to a later date.

The Act is amended by adding the following

section under the heading “Municipal

Service and Right of Way Access”:

Municipal

service and right of way access application

10.1

(1) This

section applies where a proponent of a designated broadband project makes an

application to a municipality for municipal service and right of way access in

the form of,

(

a) the

use, occupation, modification or temporary closure of a municipal highway, a

municipal right of way or real property or an interest in real property that is

under municipal ownership or control; or

(

b) the

use of, access to or modification of,

(

i) a

municipal highway, a municipal right of way or real property or an interest in

real property that is under municipal ownership or control,

(ii) infrastructure

that is under municipal ownership or control, and

(iii) municipal

services related to that infrastructure.

Submission

on the Broadband One Window platform

(2) For

the purpose of subsection (1), an application submitted to the Broadband One

Window platform shall be deemed to have been received by the responsible

municipality for review on the day it is submitted.

Possible

action

(3) A

responsible municipality that receives an application under subsection

(1) shall review the application and,

(

a) permit

the required access to municipal service and right of way by issuing the

applicable consent, permit or other approval on such conditions as the

municipality considers appropriate; or

(

b) where

the municipality believes there is a material deficiency in the submitted

application or that there is any material issue preventing the municipality

from issuing the required consent, permit or other approval to the proponent,

inform the proponent of the deficiency or issue and provide the proponent with an

opportunity to address it.

Response

(4) If

the application has been submitted to the Broadband One Window platform, the

responsible municipality shall take the action described in subsection (3) by

submitting the information to the Broadband One Window platform, unless the

Minister indicates otherwise.

Timelines

(5) The

responsible municipality shall take the action described in subsection (3)

within,

(a) 10

business days of receiving the application, where the proponent requires access

to 30 kilometres or less of a municipal highway, a municipal right of way or

real property or an interest in real property that is under municipal ownership

or control for the aggregate of the designated broadband project and any other

designated broadband projects proposed by that proponent within the

municipality; or

(b) 15

business days of receiving the application, where the proponent requires access

to more than 30 kilometres of a municipal highway, a municipal right of way or

real property or an interest in real property that is under municipal ownership

or control for the aggregate of the designated broadband project and any other

designated broadband projects proposed by that proponent within the

municipality.

Where

deficiency, etc.

(6) Where

the responsible municipality has informed a proponent of a material deficiency

or a material issue under clause (3) (b), the proponent may submit an adjusted application,

and this

section applies to the adjusted application with necessary

modification.

The Act is amended by striking out the heading “Location of Underground

Infrastructure” and substituting the following heading and section:

Data

Sharing and Underground Infrastructure Location Process

Sharing

of data

20.1

(1) Any of

the following persons or entities that receives a request from the Minister for

data concerning utility infrastructure that the person or entity owns or

operates within 10 metres of a designated broadband project shall disclose the

requested data in the form required by the Minister within 15 business days of

receiving the request:

1. A

municipality.

2. Hydro

One Inc., as defined in the Electricity Act, 1998 .

3. Ontario

Power Generation Inc., as defined in the Electricity Act,

1998 .

4. A

gas distributor or gas transmitter, as those terms are defined in the Ontario Energy Board Act, 1998 .

5. An

operator of a distribution system, as defined in the Electricity

Act, 1998 .

6. A

person or entity regulated under the Oil, Gas and Salt

Resources Act .

7. A

person or entity that owns or operates infrastructure that crosses a public

right of way or is in the vicinity of a public right of way.

What

data may include

(2) For

the purposes of subsection (1),

“data

concerning utility infrastructure” includes,

(

a) records

of the utility infrastructure and associated rights of way,

(

b) records

of communications and agreements related to the utility infrastructure,

(

c) data

related to the location for all utility infrastructure that may be affected by

a proposed excavation related to a designated broadband project, and

(

d) any

other information the Minister considers necessary for the purposes of this

Act.

Limitation

(3) Data

concerning utility infrastructure disclosed to the Minister under this

section

may only be used to enable construction of designated broadband projects.

Broadband

One Window platform

(4) A

request under subsection (1) may be made through the Broadband One Window

platform.

Section 21 of the Act is repealed and the following substituted:

Ontario

Underground Infrastructure Notification System Act, 2012

(1) A

proponent of a designated broadband project who intends to carry out an

excavation or dig for the project shall comply with

section 7 of the Ontario Underground Infrastructure Notification System Act, 2012 .

Dedicated

locator

(2) Within

10 business days after receiving a notice under subsection 7 (6) of the Ontario Underground Infrastructure Notification System Act,

2012 , or within a different time limit agreed on in writing by the

proponent and the affected members of Ontario One Call,

(

a) the

affected members of Ontario One Call and the proponent shall agree in writing

on a dedicated locator who will respond to all locate requests by the proponent

in respect of the project; and

(

b) the

affected members of Ontario One Call shall give to the dedicated locator

mapping information, such as the location of the member’s underground

infrastructure, and any other information that the dedicated locator considers

necessary.

Doing

required work

(3) The

agreed-upon dedicated locator for a designated broadband project who receives a

notification from Ontario One Call about a locate request that may affect

underground infrastructure owned or operated by an affected member shall do the

work required under subsection 7 (10) of the Ontario

Underground Infrastructure Notification System Act, 2012 within 10

business days after the day the dedicated locator received the notification or

within a different time limit agreed on in writing by the proponent and the

dedicated locator.

Subsection 26 (7) of the Act is repealed and the following substituted:

Not

entitled to be compensated

(7) Despite

any other Act or law, no person is entitled to compensation, other than

compensation under this Act, the Ontario Energy Board Act,

1998 or regulations under that Act that are prescribed under this Act

for the purposes of this subsection, for any loss or damages, including loss of

revenues, loss of profit or loss of expected earnings or denial or reduction of

compensation that would otherwise have been payable to any person, arising from

anything referred to in subsection (1).

Commencement

9 This

Schedule comes into force on the day the Getting Ontario Connected Act, 2022 receives Royal

Assent.

SCHEDULE 2

ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012

(1) Section 1 of the Ontario

Underground Infrastructure Notification System Act, 2012 is amended by

adding the following

definitions:

“dedicated

locator” means a locator described in clause 7 (7) (a); (“localisateur unique”)

“ designated broadband

project” has the same meaning as in

section 2 of the Building

Broadband Faster Act, 2021 ; (“projet désigné d’Internet à haut débit”)

“emergency

locate request” means a locate request described in paragraph 2 of subsection 6

(2); (“demande de localisation d’urgence”)

“locate”

means the identification of a member’s underground infrastructure in accordance

with paragraph 1 of subsection 6 (1) or paragraph 1 of subsection 7 (10); (“localisation”)

“locate

request” means a request by an excavator to the Corporation for locates of all

underground infrastructure that may be affected by an excavation or dig;

(“demande de localisation”)

“locator”

means a person who locates underground infrastructure or states in writing that

the underground infrastructure will not be affected by an excavation or dig; (“localisateur”)

“Minister”

means the Minister of Government and Consumer Services or any other member of

the Executive Council to whom the responsibility for the administration of this

Act is assigned or transferred under the Executive Council

Act ; (“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“project

owner” means, in relation to an excavation or dig project or proposed

excavation or dig project referred to in subsection 7 (1), an excavator who,

(

a) has

or will have charge, management or control of the project, or

(

b) in

the case of a designated broadband project, is the proponent of the project; (“propriétaire

de chantier”)

“proponent”

has the same meaning as in

section 2 of the Building

Broadband Faster Act, 2021 ; (“promoteur”)

“regulations”

means the regulations made under this Act; (“règlements”)

“standard

locate request” means a locate request described in paragraph 1 of subsection 6

(2); (“demande de localisation normale”)

“transmission

infrastructure” means underground infrastructure constructed or operated for

the purpose of transmitting energy, including underground infrastructure owned

or operated by,

(

a) a

transmitter as defined in the Ontario Energy Board Act, 1998 , or

(

b) a

gas transmitter as defined in the Ontario Energy Board Act, 1998 ; (“infrastructure

de transport”)

“Tribunal”

means the Ontario Land Tribunal; (“ Tribunal ”)

“utility”

means water, steam, artificial or natural gas, electrical power or energy,

communications, television, internet or a sewer. (“service public”)

(2) Section

1 of the Act is amended by adding the following

definitions:

“administrative

penalty” means an administrative penalty imposed under

section 17.2; (“pénalité

administrative”)

“appeal

body” means the person prescribed by the Minister or, if no person is

prescribed by the Minister, the Tribunal; (“organisme d’appel”)

“assessor”

means a person appointed as an assessor under

section 17.1 of this Act; (“évaluateur”)

Subsection 2 (4) of the Act is repealed and the following substituted:

Composition

of the board — Minister’s order

(4) The

Minister may, by order, provide that no more than a fixed percentage of members

of the board of directors shall be drawn from among the persons or classes of

persons specified in the order.

Change

in number of directors

(4.1) The

Minister may, by order, increase or decrease the number of members of the board

of directors.

Appointed

director

(4.2) The

Minister may appoint at pleasure members to the board of directors for a term

specified in the appointment as long as the directors appointed by the Minister

do not constitute a majority of the board.

Same

(4.3) The

members of the board of directors appointed by the Minister may include

representatives of consumer groups, business, government organizations or such

other interests as the Minister determines.

The Act is amended by adding the following sections:

Memorandum

of understanding

2.1

(1) The

Minister and the Corporation shall enter into a memorandum of understanding

which shall include, at a minimum, terms relating to the following matters:

1. All

matters the Minister considers necessary regarding the Corporation’s powers and

duties under this Act and the regulations.

2. The

governance of the Corporation.

3. The

maintenance by the Corporation of adequate insurance against liability arising

out of its powers and duties under this Act and the regulations.

4. Any

other matter related to the Corporation’s objects as set out in

section 3.

Transition

(2) Despite

subsection (1), a memorandum of understanding that is in effect immediately

before the coming into force of this

section is not required to include the

terms set out in subsection (1) until it is otherwise amended.

Powers

and duties

2.2 The Corporation shall

carry out its powers and duties under this Act and the regulations in

accordance with the law, this Act, Minister’s orders, the regulations, and the

memorandum of understanding under

section 2.1.

(1) Paragraph 1 of subsection 3 (1) of the Act is repealed and the

following substituted:

1. To

operate a call system to receive locate requests within Ontario.

(2) Subsection

3 (1) of the Act is amended by adding the following paragraphs:

5. To

promote and undertake activities in relation to the matters assigned to the

Corporation under this Act and the regulations, including compliance and

enforcement.

6. To

promote and undertake activities which support timely responses to locate

requests.

7. To

promote and undertake additional activities in accordance with the memorandum

of understanding under

section 2.1.

Subsection 4 (1) of the Act is repealed and the following substituted:

fee for request

(1) The

Corporation shall not charge a fee to any person submitting a locate request.

(1) Sections 6 to 11 of the Act are repealed and the following

substituted:

Duties of members re locate request

(1) If

a member of the Corporation receives a notification from the Corporation about

a locate request made with regard to a proposed excavation or dig that may

affect underground infrastructure owned or operated by the member, the member

shall do either of the following:

1. Mark on the ground the

location of its underground infrastructure and provide a written document

containing information respecting the location of its underground

infrastructure.

2. State

in writing that none of its underground infrastructure will be affected by the

excavation or dig.

Types

of locate requests

(2) The

following are the types of locate requests that a member may receive from the

Corporation:

1. Standard

locate request: A locate request that does not satisfy the description of a

locate request described in paragraph 2.

2. Emergency

locate request: A locate request that is necessary as a result of a loss of service

by a utility that in the circumstances is considered essential, such that the

absence of the service can reasonably be expected to result in imminent or

significant safety or environmental hazards, or imminent threat to a person or

to the public.

Time

limit for response, standard locate request

(3) A

member who receives a standard locate request shall, subject to subsection (5),

do the things required by subsection (1) within five business days after the

day the member receives notification about the locate request.

Same,

emergency locate request

(4) A

member who receives an emergency locate request shall ensure that, within two

hours of receiving notification about the locate request,

(

a) a

person able to do the things required by subsection (1) on behalf of the member

is at the site for which the locate request has been made; or

(

b) the

information referred to in paragraph 2 of subsection (1) is provided.

Different

time limit

(5) The

time limits set out in subsections (3) and (4) do not apply and a different

time limit shall apply if,

(

a) the

member and the excavator agree in writing to a different time limit; or

(

b) the

regulations set out a different time limit applicable to the circumstances.

Same

(6) For

the purposes of subsection (5), if the member and the excavator agree to a

different time limit and the regulations set out a different time limit

applicable to the circumstances, the time limit agreed to by the member and the

excavator shall prevail.

Locates

for certain excavation or dig projects

(1) This

section applies with respect to the following excavation or dig projects:

1. A designated broadband project.

2. An

excavation or dig project that satisfies such criteria as may be prescribed by

the Minister.

3. An

excavation or dig project for which the project owner chooses to use a

dedicated locator.

Notice

to Corporation

(2) Subject

to subsections (3) and (4), a project owner who intends to carry out a project

referred to in subsection (1) shall notify the Corporation of the project at

least 90 days before any excavation or dig is expected to commence.

Notice

within 90-day period

(3) The

Corporation may permit a project owner to give the notice under subsection

(2) less than 90 days before any excavation or dig is expected to commence.

Same,

designated broadband project

(4) If

so directed by the Minister of Infrastructure, the Corporation shall permit a

project owner of a designated broadband project to give the notice under

subsection (2) less than 90 days before any excavation or dig is expected to

commence.

Notice

to include information

(5) The

notice under subsection (2) shall include such information as the Corporation

may require and the project owner shall update the information 90 days after

the notice is given and every 90 days thereafter until the conclusion of the

project.

Notification

of affected members

(6) If

the Corporation receives a notice under subsection (2), the Corporation shall

notify all affected members of the Corporation of the notice within three

business days, or such other time period as may be prescribed by the Minister,

after receiving the notice.

Selection

of dedicated locator

(7) Within

10 business days after receiving the notice under subsection (6),

(

a) the

affected members and the project owner shall agree in writing on a locator who

will respond to all locate requests, other than in respect of transmission

infrastructure, by the project owner in respect of the project; and

(

b) the

affected members shall give to the dedicated locator mapping information, such

as the location of the member’s underground infrastructure, and any other

information that the dedicated locator considers necessary.

Same,

different time limit

(8) The

time limit set out in subsection (7) shall not apply and a different time limit

shall apply if the affected members and the project owner agree in writing to a

different time limit. For clarity, the agreed upon time limit may relate to

either or both the things required by subsection (7).

Notifying

Corporation of dedicated locator

(9) After

the dedicated locator has been agreed upon in respect of a project, the project

owner shall promptly notify the Corporation of the name and contact information

of the dedicated locator.

Obligations

of dedicated locator

(10) Subject

to subsection (13), within 10 business days after a dedicated locator receives

a notification from the Corporation about a locate request in respect of a

project that may affect underground infrastructure owned or operated by one or more

affected members, the dedicated locator shall do either of the following with

respect to each affected member’s underground infrastructure:

1. Mark

on the ground the location of the member’s underground infrastructure and

provide a written document containing information respecting the location of

the underground infrastructure.

2. State

in writing that none of the member’s underground infrastructure will be

affected by the excavation or dig.

Same

(11) The

time limit set out in subsection (10) shall not apply and a different time

limit shall apply if the project owner and dedicated locator agree in writing

to another time limit and, if a different time limit is agreed to, the project

owner shall promptly notify the Corporation of the different time limit.

Special

rules re transmission infrastructure

(12) For

the purposes of subsections (6), (7) and (8), the reference to “affected

members” includes a member that owns or operates transmission infrastructure

only if the member also owns or operates other underground infrastructure.

Same

(13) If

a project owner submits a locate request that may affect transmission

infrastructure owned or operated by a member, subsection (10) does not apply

with respect to the transmission infrastructure and instead the member that

receives a notification from the Corporation about the locate request shall do

the things required by subsection 6 (1) and the locate request shall, for the

purposes of this Act other than subsection 12 (1), be treated as a standard

locate request.

Cost

of dedicated locator

(14) The

project owner shall bear the costs of the dedicated locator.

Validity

period of locate

(1) Subject

to subsection (2), a locate provided by a member of the Corporation or a

dedicated locator is valid for a period of 60 days or such other period as may

be prescribed by the Minister.

Member,

dedicated locator may provide for longer validity period

(2) The

member or dedicated locator, as the case may be, may specify that a locate is

valid for a period that is longer than the period referred to in subsection

(1).

Markings

no longer visible

(3) Despite

subsections (1) and (2), if the markings on the ground that were provided

under paragraph 1 of subsection 6 (1) or paragraph 1 of subsection 7 (10) are

no longer visible, the validity period in respect of the locate is deemed to

have expired.

Change

in information after locate

(1) If,

before the end of the validity period in respect of a locate, a member becomes

aware of any change to information that was provided under paragraph 1 of

subsection 6 (1) or paragraph 1 of subsection 7 (10), the member shall notify

the following persons of the change within two business days after becoming

aware of the change:

1. The

Corporation and the excavator, if the information was provided under subsection

6 (1).

2. The

Corporation, the project owner and the dedicated locator, if the information was

provided under subsection 7 (10).

Notice

deemed part of locate

(2) A

notice referred to in subsection (1) is deemed to form part of the locate

provided by the member or a dedicated locator, as the case may be.

Commencement of excavation or dig

(1) An

excavator shall not commence an excavation or dig unless either of the

following conditions are satisfied:

1. All of the following apply:

i. The

excavator has submitted a locate request.

ii. Each

member that owns or operates underground infrastructure that may be affected by

an excavation or dig has done the things required by subsection 6 (1) or, if

section 7 applies in respect of the excavation or dig, the dedicated locator

has done the things required by subsection 7 (10) and, if applicable, each

member who owns or operates transmission infrastructure has complied with

subsection 7 (13).

iii. If

locates are provided, the excavator has ensured that the locate markings on the

ground do not conflict with the written information provided respecting the

underground infrastructure.

2. The

excavator,

i. has

received from another excavator the information referred to in paragraph 1 or 2

of subsection 6 (1) pertaining to the same excavation or dig parameters as the

excavator’s own excavation or dig, including the geographical limits of the

area subject to the locate request, in accordance with

section 11, and

ii. if

locates were provided, has ensured that the markings on the ground do not

conflict with the written information provided respecting the underground

infrastructure.

Continuation

after expiry of validity period

(2) An

excavator shall not continue an excavation or dig after the expiry of the

validity period of a locate unless any of the following circumstances exist:

1. The

excavator has submitted a new locate request and subparagraphs 1 ii and iii of

subsection (1) of this

section have been satisfied in respect of the new locate

request. In the case of a locate request by an excavator that is not a project

owner, the locate request must be a standard locate request.

2. The

excavator,

i. has

received from another excavator the information referred to in paragraph 1 or 2

of subsection 6 (1) pertaining to the same excavation or dig parameters as the

excavator’s own excavation or dig, including the geographical limits of the

area subject to the locate request, in accordance with

section 11, and

ii. if

locates were provided, has ensured that the markings on the ground do not

conflict with the written information provided respecting the underground

infrastructure.

3. Such

other circumstances as may be prescribed by the Minister.

Sharing locate information

excavator who submits a locate request is permitted to share with another

excavator the information described in paragraph 1 or 2 of subsection 6

(1) that was provided by a member, but only if,

(

a) the

other excavator’s contact information was included in the locate request that

was submitted to the Corporation; or

(

b) if

clause (

a) does not apply, the excavator who submitted the locate request

provides the other excavator’s contact information to the Corporation before

sharing the locate information.

Prohibitions re locate requests

Standard

locate request

(1) An

excavator shall not submit a standard locate request more than 30 days before

an excavation or dig is expected to commence.

Emergency

locate request

(2) An

excavator shall not submit an emergency locate request if the excavator knows

or ought to know that the request does not satisfy the description set out in

paragraph 2 of subsection 6 (2).

Prohibition re manner of excavation or dig

excavator shall not excavate or dig in a manner that the excavator knows or

reasonably ought to know would damage or otherwise interfere with any

underground infrastructure.

Provision

of information re locate request

Confirmation

of response to locate request

(1) Within

three business days after a member does the things required by subsection 6

(1) or a dedicated locator does the things required by subsection 7 (10), the

member or dedicated locator, as the case may be, shall notify the Corporation

that it has done those things.

Notice

of delay in response to locate request

(2) If

a member or dedicated locator becomes aware that there will be a delay in doing

the things required by subsection 6 (1) or 7 (10), as the case may be, the

member or dedicated locator shall notify the Corporation of the expected delay

as soon as possible.

Additional

information

(3) The

notices required under subsections (1) and (2) shall include such information

as the Corporation may require in such manner and form as determined by the

Corporation.

Public information

(1) The

Corporation shall make the following information available to the public on its

website:

1. Information

about each member’s locate performance, including, at a minimum, the number of

locate requests received by the member and when these locate requests were

completed.

2. Any

other information about a member’s performance providing locates as may be prescribed

by the Minister.

Length

of publication

(2) Information

required to be published on the Corporation’s website under subsection

(1) shall be removed two years after the day it is published.

Member recourse

(1) An

excavator shall compensate a member for a loss or expense incurred because the

excavator,

(

a) contravened

subsection 12 (1) in relation to the member’s underground infrastructure; or

(

b) contravened

section 13, resulting in damages or otherwise interfering with the member’s

underground infrastructure.

Loss

or expense incurred

(2) A

loss or expense referred to in subsection (1) is,

(

a) any

economic or financial loss or expense that is caused by the excavator; or

(

b) any

other type of loss or expense prescribed by the Minister.

Agreement

as to compensation

(3) The

excavator and the member may agree upon the compensation in writing.

no agreement

(4) If

no agreement is reached, a claim for compensation under subsection (1) shall be

determined by the Tribunal on application by the member.

Excavator

recourse

(1) A

member shall compensate an excavator for a loss or expense incurred because the

member,

(

a) failed

to accurately provide a locate;

(

b) incorrectly

stated that none of its underground infrastructure will be affected by the

excavation or dig;

(

c) failed

to provide a locate in accordance with the time limit applicable under

section

6; or

(

d) failed

to provide the information, or to provide accurate information, to a dedicated

locator as required by clause 7 (7) (b), but only if the requirement arises in

relation to a designated broadband project.

Loss

or expense incurred

(2) A

loss or expense referred to in subsection (1) is,

(

a) any

economic or financial loss or expense that is caused by the member, including,

without being limited to, any loss or expense resulting from any delay in

completing an excavation or dig; or

(

b) any

other type of loss or expense prescribed by the Minister.

Agreement

as to compensation

(3) The

excavator and the member may agree upon the compensation in writing.

no agreement

(4) If

no agreement is reached, a claim for compensation under subsection (1) shall be

determined by the Tribunal on application by the excavator.

Offences

— general

person or entity, other than the Corporation, who contravenes or fails to

comply with any

section of this Act or the regulations is guilty of an offence

and on conviction is liable to a fine of not more than $10,000.

Offences

— Corporation

(1) The

Corporation is guilty of an offence if it knowingly contravenes this Act or the

regulations and on conviction is liable to a fine of not more than $100,000 for

each day or part of a day on which the offence occurs or continues.

Individuals

(2) A

director, officer, employee or agent of the Corporation who knowingly

contravenes this Act or the regulations is guilty of an offence.

Parties

to offences

(3) A

director or officer of the Corporation is guilty of an offence who,

(

a) knowingly

causes, authorizes, permits or participates in the commission by the

Corporation of an offence mentioned in subsection (1); or

(

b) fails

to take reasonable care to prevent the Corporation from committing an offence

mentioned in subsection (1).

Penalty

(4) A

person who is convicted of an offence under subsection (2) or (3) is liable to

a fine of not more than $25,000 for each day or part of a day on which the

offence occurs or continues.

Regulations

— Lieutenant Governor in Council

The

Lieutenant Governor in Council may make regulations,

(

a) respecting

the governance of the Corporation;

(

b) establishing

requirements and standards regarding the operations of the Corporation’s call

system;

(

c) identifying

persons or entities, in addition to those listed in subsection 5 (1), who are

required to become members of the Corporation and specifying the date by which

such persons or entities shall become members;

(

d) specifying

times when a member must provide information under subsection 5 (2);

(

e) governing

fees to be paid by members of the Corporation.

Regulations

— Minister

The

Minister may make regulations,

(

a) governing

any matter that this Act describes as being prescribed by the Minister or

provided for in regulations made by the Minister;

(

b) further

defining or clarifying the definition of “transmission infrastructure” in

section

(

c) respecting

whether a proposed excavation or dig is in the vicinity of underground

infrastructure owned or operated by a member;

(

d) respecting

whether underground infrastructure crosses a public right of way or is in the

vicinity of a public right of way, for the purposes of paragraph 7 of

subsection 5 (1);

(

e) respecting

situations in which the time limits for locating and marking underground

infrastructure is to be shorter or longer than the time limits set out in this

Act, and specifying the shorter or longer time limits;

(

f) governing

the application of

section 7, including,

(

i) establishing

requirements that apply to project owners, dedicated locators or affected

members in addition to those set out in the section, and

(ii) prescribing

modifications to the application of the

section to certain persons or things,

including establishing other requirements that apply in respect of certain

types of underground infrastructure;

(

g) governing

the non-application of

section 7, or any part of it, to any person or thing or

to any class of them, including the conditions of such non-application.

(2) Subsection

15 (1), as enacted by subsection (1), is amended by adding the following

paragraph:

3. Subject

to subsection (3), a

summary of each order imposing an administrative penalty

under

section 17.2, unless the order was revoked.

(3) Section

15, as enacted by subsection (1), is amended by adding the following

subsection:

Timing

of publication, administrative penalties

(3) A

summary of an administrative penalty shall not be published before,

(

a) the

time for delivering a notice of appeal under subsection 17.3 (1) expires; or

(

b) if

an appeal is commenced under subsection 17.3 (1), until the appeal body has

made a decision.

(4) Clause

17 (1) (

d) of the Act, as enacted by subsection (1), is repealed and the

following substituted:

(

d) failed

to provide the information, or to provide accurate information, to a dedicated

locator required by clause 7 (7) (b).

(5) Section

21 of the Act, as enacted by subsection (1), is amended by adding the following

clauses:

(

h) governing

administrative penalties that an assessor may order and all matters necessary

and incidental to the administration of a system of administrative penalties,

including,

(

i) specifying

the amount of an administrative penalty or providing for the determination of

the amount of an administrative penalty by specifying the method of calculating

the amount and the criteria to be considered in determining the amount,

(ii) providing

for different amounts to be paid, or different calculations or criteria to be

used, depending on the circumstances that gave rise to the administrative

penalty or the time at which the penalty is paid,

(iii) specifying

information that must be included in an order for payment of an administrative

penalty,

(iv) governing

the procedure for making an order under

section 17.2 for an administrative

penalty and the rights of the parties affected by the procedure, including the

time at which the order is deemed to be served on the member or excavator

against whom the order is made, and

(

v) governing

the appeal of an order for payment of an administrative penalty;

(

i) specifying

the purposes for which the Corporation may use the funds that it collects as

administrative penalties.

The Act is amended by adding the following sections:

Appointments of assessors

17.1

(1) The

Corporation may appoint assessors for the purposes of making an order under

section 17.2 imposing an administrative penalty.

Restrictions

(2) An

appointment is subject to the restrictions, limitations and conditions set out

in it.

Identification

(3) An

assessor shall produce, on request, evidence of his or her appointment.

Administrative penalties

Order

17.2

(1) An

assessor may, by order, impose an administrative penalty against a member or

excavator in accordance with this

section and the regulations made by the

Minister if the assessor is satisfied that the member or excavator has

contravened or is contravening a provision of this Act that is prescribed by

the Minister or a provision of the regulations that is prescribed by the

Minister.

whom payable

(2) An

administrative penalty is payable to the Corporation.

Purpose

(3) An

administrative penalty may be imposed under this

section for one or more of the

following purposes:

1. To

promote compliance with this Act and the regulations.

2. To

prevent a member or excavator from deriving, directly or indirectly, any

economic benefit as a result of a contravention described in subsection (1).

Amount

(4) The

amount of an administrative penalty shall reflect the purpose of the penalty

and shall be determined in accordance with the regulations made by the

Minister, but the amount of the penalty shall not exceed $10,000.

Form

of order

(5) An

order made under subsection (1) imposing an administrative penalty against a

member or excavator shall be in the form that the Corporation determines.

Service

of order

(6) The

order shall be served on the member or excavator against whom the

administrative penalty is imposed in the manner that the Corporation

determines.

Absolute

liability

(7) An

order made under subsection (1) imposing an administrative penalty against a

member or excavator applies even if,

(

a) the

member or excavator took all reasonable steps to prevent the contravention on

which the order is based; or

(

b) at

the time of the contravention, the member or excavator had an honest and

reasonable belief in a mistaken set of facts that, if true, would have rendered

the contravention innocent.

effect on offences

(8) For

greater certainty, nothing in subsection (7) affects the prosecution of an

offence.

Limitation

(9) An

assessor shall not make an order under subsection (1) more than two years after

the day the assessor became aware of the member or excavator’s contravention on

which the order is based.

hearing required

(10) Subject

to any regulations made by the Minister, an assessor is not required to hold a

hearing or to afford a member or excavator an opportunity for a hearing before

making an order under subsection (1) against the member or excavator.

Non-application

of other Act

(11) The

Statutory Powers Procedure Act does not apply to an

order of an assessor made under subsection (1).

Appeal of administrative penalty

17.3

(1) The

member or excavator against whom an order made under subsection 17.2

(1) imposes an administrative penalty may appeal the order to the appeal body by

delivering a written notice of appeal to the appeal body within 15 days after

receiving the order.

no appeal

(2) If

the member or excavator does not appeal the order in accordance with

subsection (1), the order is confirmed.

Hearing

(3) If

the member or excavator appeals the order, the appeal body shall hold a hearing

and may, by order, confirm, revoke or vary the assessor’s order, and the appeal

body may attach conditions to its order.

Parties

(4) The

assessor, the appellant and the other persons that the appeal body specifies

are parties to the appeal.

Non-application

of the SPPA

(5) If

the appeal body is not the Tribunal, the Statutory Powers

Procedure Act does not apply to an appeal made under this section.

Immediate

effect

(6) Even

if the appellant appeals an order of the appeal body, the order takes effect

immediately, unless the order provides otherwise, but the Divisional Court may

grant a stay until the disposition of the appeal.

Effect of paying penalty

17.4 If a member or excavator

against whom an order imposing an administrative penalty is made pays the

penalty in accordance with the terms of the order or, if the order is varied on

appeal, in accordance with the terms of the varied order, the member or

excavator cannot be charged with an offence under this Act in respect of the

same contravention on which the order is based.

Enforcement re administrative penalty

17.5

(1) If a

member or excavator against whom an order imposing an administrative penalty is

made fails to pay the penalty in accordance with the terms of the order or, if

the order is varied on appeal, in accordance with the terms of the varied

order, the order may be filed with the Superior Court of Justice and enforced

as if it were an order of the court.

Date

of order

(2) For

the purposes of

section 129 of the Courts of Justice Act ,

the date on which the order is filed with the court shall be deemed to be the

date of the order.

Revocation

Ontario Regulation 92/14 (Governance of the Corporation), made under the Act,

is revoked.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Getting Ontario Connected

Act, 2022 receives Royal Assent.

(2) Subsections

1 (2) and 6 (2) to (5) and

section 7 come into force on a day to be named by

proclamation of the Lieutenant Governor.

Bill 93 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

The

Building Broadband Faster Act, 2021 is amended.

Among the amendments:

1. Subsection

4 (1),

section 6, and subsection 7 (1) are repealed and replaced. The new

subsection 4 (1) sets out when the Minister may by notice require a distributor

or transmitter to complete work necessary for the deployment of a designated

broadband project including in circumstances where the Ontario Energy Board has

made an order. The new

section 6 requires that such notices specify the date by

which the notice must be complied with, except in prescribed circumstances, and

provides that modifications may be made to orders of the Ontario Energy Board.

The new subsection 7 (1) provides that where a notice specifies a date, an

application may be made to a judge of the Superior Court of Justice for an

order altering the date.

2. New

section 10.1 includes new requirements for municipalities in responding to

municipal service and right of way access applications from proponents of

designated broadband projects.

3. New

section 20.1 includes new requirements relating to data sharing for certain

persons or entities. If specified persons or entities receive a request from

the Minister for data concerning utility infrastructure owned by that person or

entity within 10 metres of a designated broadband project, they are required to

disclose the requested data within 15 business days of receiving the request.

The Minister may use the Broadband One Window platform to make such a request.

The data disclosed may be used to enable construction of designated broadband

projects.

Section

21 of the Act is repealed and replaced. The new

section 21 requires a proponent

of a designated broadband project who intends to carry out an excavation or dig

for the project to comply with

section 7 of the Ontario

Underground Infrastructure Notification System Act, 2012 . The new

section 21 also sets out timelines within which a proponent and an affected

member of Ontario One Call are required to agree to a dedicated locator who

would respond to locate requests by the proponent.

SCHEDULE 2

ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012

The

Schedule amends the Ontario Underground Infrastructure

Notification System Act, 2012 . Here are some highlights:

Changes

are made to the Minister’s powers with respect to the members of the board of

the Corporation. For example, the Minister may appoint members to the board as

long as the appointed members do not constitute a majority of the board. The

Minister may also provide that no more than a fixed percentage of members of

the board shall be drawn from among the persons or classes of persons specified

in the order.

The

Minister and the Corporation are required to enter into a memorandum of

understanding, which shall include, at a minimum, terms related to certain

specified matters.

Various

changes are made with respect to locate requests, including the following:

1. A

member may receive a standard locate request or an emergency locate request

from the Corporation that has been submitted by an excavator, and the member

must respond to each type of request within certain time limits.

2. A

project owner who intends to carry out a specified excavation or dig project is

required to notify the Corporation of the project. The affected members and

the project owner must agree in writing on a locator (the “dedicated locator”)

who will respond to all locate

requests , except in respect of

transmission infrastructure, by the project owner in respect of

the project. Certain requirements are imposed on the affected members, the

project owner and the dedicated locator , and additional requirements may be set out in the

regulations . If a

project owner submits a locate request that may affect transmission

infrastructure, the member who owns or operates the infrastructure is required

to respond to the locate request. The Minister is permitted to make

regulations establishing additional requirements, prescribing modifications to

the rules or governing the non-application of all or any part of the rules.

3. A

locate is valid for a period of 60 days or such other period as may be

prescribed, however the member or dedicated locator may specify that it is

valid for a longer period. If the

markings provided on the ground are no longer visible, the validity period in

respect of the locate is deemed to have expired.

4. If

a member becomes aware of a change to information that was provided in regards

to a locate that is still valid, the member is required to notify certain

persons within two business days after becoming aware of the change.

5. Changes are made to the conditions that must be satisfied

before an excavator can commence an excavation or dig and new conditions are

set out for the continuation of an excavation or dig after the validity period

of a locate has expired.

6. Provision

is made for excavators to share locate information that they receive with other

excavators.

7. Excavators

are prohibited from submitting a standard locate request more than 30 days

before an excavation or dig is expected to commence and are prohibited from

submitting an emergency locate request that does not satisfy the description of

such a request.

8. Members

and dedicated locators are required to notify the Corporation after responding

to a locate request, and to notify the Corporation if there will be a delay in

responding to a locate request.

The

Corporation is required to make certain information about members’ locate

performance available to the public on the Corporation’s website.

excavator may claim compensation against a member for certain losses if the

member does certain things, such as failing to provide an accurate locate. Likewise, a member may claim

compensation against an excavator for certain losses if the excavator does certain

things.