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Bill 153, Building Infrastructure Safely Act, 2024

McCarthy, Hon. Todd J. Minister of Public and Business Service Delivery

Royal Assent received. Statutes of Ontario 2024,

chapter 1

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Bill 153 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 153 and does not form

part of the law.

Bill 153 has been enacted as

Chapter 1 of the Statutes of Ontario, 2024.

The

Bill amends the Ontario Underground Infrastructure

Notification System Act, 2012 . Here are some highlights:

1. New

subsection 2 (7) sets out that certain provisions of the Not-for-Profit

Corporations Act, 2010 do not apply to the Corporation with respect to

by-laws that are necessary to implement a Minister’s order.

Section

3 is amended to authorize the Minister, by order, to add objects to the

Corporation.

3. New

section 3.1 provides rules with respect to liability of certain persons

specified in the section.

Section

4 is re-enacted to authorize the Corporation to, among other things, set and

collect fees, costs or other charges, if done in accordance with processes and

criteria approved by the Minister.

5. New

section 5.1 sets out requirements in respect of locate requests, including that

requests must be made in accordance with Minister’s regulations. Subsection 5.1

(5) requires the Corporation to notify affected members if it receives an

emergency, specified or standard request.

Section

6 is amended to add rules in respect of a specified request, which is a locate

request of a type

specified in the regulations made by the Minister . New subsection

6 (7) prohibits a member from charging a fee in respect of the activities

required under subsection 6 (1).

7. New

subsection 7 (9.1) requires the Corporation to give notice to certain persons if

it receives a dedicated locator request. Subsection 7 (13) is re-enacted and sets

out rules for members to follow when transmission infrastructure may be

affected by an excavation or dig set out in a dedicated locator request.

Section

17 is amended to remove the requirement for a member to compensate an excavator

for a loss or expense incurred because the member failed to provide a locate in

accordance with the time limit applicable under

section 6.

9. Various

other related and consequential amendments are made.

Bill 153 2024

Act to amend the Ontario Underground Infrastructure Notification System Act,

His

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

Province of Ontario, enacts as follows:

(1) The definition of “assessor” in

section 1 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by striking out “of

this Act”.

(2) Section

1 of the Act is amended by adding the following

definitions:

“dedicated

locator request” means a locate request that is not an emergency request and that

is submitted by a project owner to the Corporation in respect of an excavation

or dig project referred to in subsection 7 (1); (“demande de localisateur

unique”)

“emergency

request” means 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; (“demande d’urgence”)

“specified

request” means a locate request that is not an emergency request or a dedicated

locator request and that is of a type specified in the regulations made by the

Minister, if any; (“demande précisée”)

“standard

request” means a locate request that is not an emergency request, dedicated

locator request or specified request; (“demande normale”)

(3) The

definitions of “emergency locate request” and “standard locate request” in

section 1 of the Act are repealed.

(4) The

definition of “excavator” in

section 1 of the Act is repealed and the following

substituted:

“excavator”

means any individual, partnership, corporation, public agency or other person

or entity that,

(

a) digs,

bores, trenches, grades, excavates, moves or breaks earth, rock or the

materials in the ground, or

(

b) intends

to do any of the activities mentioned in clause (a); (“entreprise d’excavation”)

(5) The

definition of “Minister” in

section 1 of the Act is amended by striking out “Minister

of Government and Consumer Services” and substituting “Minister of Public and

Business Service Delivery”.

Section 2 of the Act is amended by adding the following subsection:

Non-application

of Not-for-Profit Corporations Act, 2010

(7) Subsections

17 (2) to (6) of the Not-for-Profit Corporations Act, 2010

do not apply to the Corporation with respect to by-laws that are necessary to

implement a Minister’s order made under this section.

Clause 2.3 (10) (

a) of the Act is amended by striking out “made under this Act”.

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

paragraph:

8. To

carry out any additional objects the Minister may, by order, specify.

(2) The

French version of paragraph 1 of subsection 3 (1) of the Act is amended by

striking out “des centres d'appels” and substituting “un système d’appels”.

(3) Section

3 of the Act is amended by adding the following subsection:

Restriction,

commercial activity

(3) The

Corporation shall not engage in commercial activity through an individual,

partnership, corporation, public agency or other person or entity that is

related to the Corporation.

The Act is amended by adding the following section:

personal liability

3.1

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2), or someone who was formerly such a person, for any act done in

good faith in the exercise or performance or intended exercise or performance

of any of the person’s duties or powers under this Act, the regulations or a

Minister’s order, or for any neglect or default in the exercise or performance

in good faith of such a duty or power.

Same

(2) Subsection

(1) applies to the following persons:

1. An

assessor.

2. An

officer or a member of the board of directors of the Corporation.

3. A

person whom the Corporation employs or whose services the Corporation retains.

4. An

agent of the Corporation.

Liability

of the Corporation

(3) Subsection

(1) does not relieve the Corporation of liability to which it would otherwise

be subject in respect of the acts or omissions of a person mentioned in

subsection (2).

Section 4 of the Act is repealed and the following substituted:

Forms

and fees

(1) The

Corporation may,

(

a) establish

forms related to its administration of this Act and the regulations;

(

b) set

and collect fees, costs or other charges related to its administration of this

Act and the regulations if it does so in accordance with the processes and

criteria that it establishes and that the Minister has approved; and

(

c) make

rules governing the payment of the fees, costs and charges described in clause

(b).

Setting

fees

(2) In

setting the fees, costs and charges described in clause (1) (b), the

Corporation may specify the amounts or the method for determining the amounts.

Publication

of fees, etc.

(3) The

Corporation,

(

a) shall

publish the fees, costs or other charges and processes, criteria and rules

referred to in clauses (1) (

b) and (

c) on its website and in any other way that

may be provided for in the memorandum of understanding; and

(

b) may

publish the information referred to in clause (

a) in any other format the

Corporation considers advisable.

Requirement

to pay

(4) If

a fee, cost or other charge published under subsection (3) applies to a person,

the person shall pay the fee, cost or other charge to the Corporation in

accordance with any rules made under clause (1) (c).

Transition

(5) Despite

clause (1) (b), any fees, costs or other charges set by the Corporation before the

day

section 6 of the Building Infrastructure Safely Act,

2024 came into force are deemed to comply with that clause until such

fee, cost or other charge is subsequently reset.

Not

public money

(6) The

money that the Corporation collects in carrying out the administration of this Act

and the regulations is not public money within the meaning of the Financial Administration Act and, subject to subsection 3

(3), the Corporation may use it to carry out activities in accordance with its

objects.

The Act is amended by adding the following section:

Locate

requests

5.1

(1) The

Corporation shall ensure that the call system’s operations satisfy any

requirements and standards set out in the regulations.

Call

centre in Northern Ontario

(2) The

Corporation shall operate, as part of its call system, at least one call centre

located in Northern Ontario.

Submission

of locate requests

(3) A

locate request shall be made in accordance with the regulations made by the

Minister, if any.

fee for locate request

(4) Despite

subsection 4 (1), the Corporation shall not charge a fee to any excavator in

respect of submitting a locate request.

Notification

re emergency, specified or standard requests

(5) If

the Corporation receives an emergency, specified or standard request with

regard to a proposed excavation or dig, the Corporation shall notify each

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

the excavation or dig.

Definition

(6) In

subsection (2),

“Northern

Ontario” means the territorial districts of Algoma, Cochrane, Kenora,

Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and

Timiskaming and The City of Greater Sudbury.

(1) Subsection 6 (1) of the Act is amended by striking out “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”

in the portion before paragraph 1 and substituting “under subsection 5.1 (5) in

respect of a locate request”.

(2) Subsection

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

Time

limit for response, specified request

(2) A

member who receives a specified request shall do the things required by

subsection (1),

(

a) within

the time period, if any, prescribed by the Minister in respect of the specified

type of locate request; or

(

b) if

the member and the excavator who made the specified request agree, in writing, to

a time period different than the period mentioned in clause (a), within the

agreed upon time period.

(3) Subsection

6 (3) of the Act is amended by,

(

a) striking

out “standard locate request” and substituting “standard request”; and

(

b) striking

out “about the locate request” at the end and substituting “in respect of the

request”.

(4) Subsection

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

Same,

emergency request

(4) A

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

receiving notification in respect of the 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 emergency request has been made; or

(

b) the

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

(5) Clause

6 (5) (

a) of the Act is amended by adding “who made the locate request mentioned

in subsection (1)” after “the excavator”.

(6) Clause

6 (5) (

b) of the Act is amended by striking out “the regulations set out” at

the beginning and substituting “the regulations made by the Minister provide

for”.

(7) Section

6 of the Act is amended by adding the following subsection:

fee re locate activities

(7) A

member who receives a notification in respect of a locate request under

subsection (1) shall not charge a fee in respect of doing either of the things

required under that subsection.

(1) Section 7 of the Act is amended by adding the following

subsection:

Payment of fee

(5.1) For

greater certainty, a notification given under subsection (2) is not a locate

request and the project owner shall pay any fee set under clause 4 (1) (

b) in

relation to such notification.

(2) Clause

7 (7) (

a) of the Act is amended by striking out “all locate requests, other

than in respect of transmission infrastructure, by the project owner in respect

of the project” and substituting “all notifications made by the Corporation

under clause (9.1) (

a) in respect of the project”.

(3) Section

7 of the Act is amended by adding the following subsection:

Notification re dedicated locator requests

(9.1) If

the Corporation receives a dedicated locator request with regard to a project

referred to in subsection (1), the Corporation shall notify,

(

a) the

dedicated locator set out in the notification given to the Corporation in

respect of the project under subsection (9); and

(

b) if

the excavation or dig set out in the dedicated locator request may affect

transmission infrastructure owned or operated by a member of the Corporation,

each member whose transmission infrastructure may be affected.

(4) Subsection

7 (10) of the Act is amended by striking out “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”

at the beginning and substituting “Within 10 business days after a dedicated

locator receives a notification under clause (9.1) (

a) in respect of a

dedicated locator request”.

(5) Subsection

7 (12) of the Act is amended by,

(

a) striking

out “subsections (6), (7) and (8), the” and substituting “subsections (6), (7),

(8) and (10), a”; and

(

b) adding

“and a reference to the affected member’s underground infrastructure does not

include the affected member’s transmission infrastructure” at the end.

(6) Subsection

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

Locates

of transmission infrastructure

(13) If

a member of the Corporation receives notification under clause (9.1) (

b) with

regard to a project referred to in subsection (1), the following rules apply:

1. If

the locate request referred to in subsection (9.1) would have been a specified

request if it had been submitted by an excavator who was not a project owner,

the member shall do the things required by subsection 6 (1) in respect of the

transmission infrastructure within the time limits set out in subsection 6 (2).

2. If

the locate request referred to in subsection (9.1) would have been a standard

request if it had been submitted by an excavator who was not a project owner,

the member shall do the things required by subsection 6 (1) in respect of the

transmission infrastructure within the time limits set out in subsection 6

(3) or (5), as applicable.

(7) Section

7 of the Act is amended by adding the following subsection:

fee re locate activities for transmission infrastructure

(15) A

member who receives a notification in respect of a locate request under clause

(9.1) (

b) shall not charge a fee in respect of doing either of the things

required under subsection 6 (1) in accordance with subsection (13) of this

section.

Paragraph 1 of subsection 10 (2) of the Act is amended by striking out “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” at the end.

(1) Subsection 12 (1) of the Act is amended by striking out

“standard locate request” and substituting “standard request”.

(2) Subsection

12 (2) of the Act is amended by,

(

a) striking

out “emergency locate request” and substituting “emergency request”; and

(

b) striking

out “set out in paragraph 2 of subsection 6 (2)” at the end and substituting “set

out in the definition of “emergency request” in

section 1”.

Clause 17 (1) (

c) of the Act is repealed.

(1) The French version of clause 20 (

b) of the Act is amended by

striking out “des centres d'appels” and substituting “du système d’appels”.

(2) Clause

20 (

e) of the Act is repealed and the following substituted:

(

e) providing

for further exemptions from or alterations to the application of the Not-for-Profit Corporations Act, 2010 or the regulations

made under it to the Corporation.

(1) Clause 21 (

a) is repealed and the following substituted:

(

a) governing

any matter that this Act describes as being prescribed by the Minister, done in

accordance with the regulations made by the Minister or provided for or

specified in the regulations made by the Minister;

(2) Clause

21 (

e) of the Act is repealed.

(3) Clause

21 (

f) of the Act is repealed and the following substituted:

(

f) governing

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

(

i) establishing

requirements that apply to project owners, dedicated locators or affected

members, and

(ii) modifying

the application of

section 7 and any related provision to certain persons or

things, including establishing other requirements that apply in respect of

certain types of underground infrastructure;

Commencement

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

into force on the day it receives Royal Assent.

(2) Subsection

8 (7) and 9 (7) and

section 12 come into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Building Infrastructure

Safely Act, 2024 .

Bill 153 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Ontario Underground Infrastructure

Notification System Act, 2012 . Here are some highlights:

1. New

subsection 2 (7) sets out that certain provisions of the Not-for-Profit

Corporations Act, 2010 do not apply to the Corporation with respect to

by-laws that are necessary to implement a Minister’s order.

Section

3 is amended to authorize the Minister, by order, to add objects to the

Corporation.

3. New

section 3.1 provides rules with respect to liability of certain persons

specified in the section.

Section

4 is re-enacted to authorize the Corporation to, among other things, set and

collect fees, costs or other charges, if done in accordance with processes and

criteria approved by the Minister.

5. New

section 5.1 sets out requirements in respect of locate requests, including that

requests must be made in accordance with Minister’s regulations. Subsection 5.1

(5) requires the Corporation to notify affected members if it receives an

emergency, specified or standard request.

Section

6 is amended to add rules in respect of a specified request, which is a locate

request of a type

specified in the regulations made by the Minister . New subsection

6 (7) prohibits a member from charging a fee in respect of the activities

required under subsection 6 (1).

7. New

subsection 7 (9.1) requires the Corporation to give notice to certain persons if

it receives a dedicated locator request. Subsection 7 (13) is re-enacted and sets

out rules for members to follow when transmission infrastructure may be

affected by an excavation or dig set out in a dedicated locator request.

Section

17 is amended to remove the requirement for a member to compensate an excavator

for a loss or expense incurred because the member failed to provide a locate in

accordance with the time limit applicable under

section 6.

9. Various

other related and consequential amendments are made.

Bill 153 2023

Act to amend the Ontario Underground Infrastructure Notification System Act,

His

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

Province of Ontario, enacts as follows:

(1) The definition of “assessor” in

section 1 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by striking out “of

this Act”.

(2) Section

1 of the Act is amended by adding the following

definitions:

“dedicated

locator request” means a locate request that is not an emergency request and that

is submitted by a project owner to the Corporation in respect of an excavation

or dig project referred to in subsection 7 (1); (“demande de localisateur

unique”)

“emergency

request” means 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; (“demande d’urgence”)

“specified

request” means a locate request that is not an emergency request or a dedicated

locator request and that is of a type specified in the regulations made by the

Minister, if any; (“demande précisée”)

“standard

request” means a locate request that is not an emergency request, dedicated

locator request or specified request; (“demande normale”)

(3) The

definitions of “emergency locate request” and “standard locate request” in

section 1 of the Act are repealed.

(4) The

definition of “excavator” in

section 1 of the Act is repealed and the following

substituted:

“excavator”

means any individual, partnership, corporation, public agency or other person

or entity that,

(

a) digs,

bores, trenches, grades, excavates, moves or breaks earth, rock or the

materials in the ground, or

(

b) intends

to do any of the activities mentioned in clause (a); (“entreprise d’excavation”)

(5) The

definition of “Minister” in

section 1 of the Act is amended by striking out “Minister

of Government and Consumer Services” and substituting “Minister of Public and

Business Service Delivery”.

Section 2 of the Act is amended by adding the following subsection:

Non-application

of Not-for-Profit Corporations Act, 2010

(7) Subsections

17 (2) to (6) of the Not-for-Profit Corporations Act, 2010

do not apply to the Corporation with respect to by-laws that are necessary to

implement a Minister’s order made under this section.

Clause 2.3 (10) (

a) of the Act is amended by striking out “made under this Act”.

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

paragraph:

8. To

carry out any additional objects the Minister may, by order, specify.

(2) The

French version of paragraph 1 of subsection 3 (1) of the Act is amended by

striking out “des centres d'appels” and substituting “un système d’appels”.

(3) Section

3 of the Act is amended by adding the following subsection:

Restriction,

commercial activity

(3) The

Corporation shall not engage in commercial activity through an individual,

partnership, corporation, public agency or other person or entity that is

related to the Corporation.

The Act is amended by adding the following section:

personal liability

3.1

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2), or someone who was formerly such a person, for any act done in

good faith in the exercise or performance or intended exercise or performance

of any of the person’s duties or powers under this Act, the regulations or a

Minister’s order, or for any neglect or default in the exercise or performance

in good faith of such a duty or power.

Same

(2) Subsection

(1) applies to the following persons:

1. An

assessor.

2. An

officer or a member of the board of directors of the Corporation.

3. A

person whom the Corporation employs or whose services the Corporation retains.

4. An

agent of the Corporation.

Liability

of the Corporation

(3) Subsection

(1) does not relieve the Corporation of liability to which it would otherwise

be subject in respect of the acts or omissions of a person mentioned in

subsection (2).

Section 4 of the Act is repealed and the following substituted:

Forms

and fees

(1) The

Corporation may,

(

a) establish

forms related to its administration of this Act and the regulations;

(

b) set

and collect fees, costs or other charges related to its administration of this

Act and the regulations if it does so in accordance with the processes and

criteria that it establishes and that the Minister has approved; and

(

c) make

rules governing the payment of the fees, costs and charges described in clause

(b).

Setting

fees

(2) In

setting the fees, costs and charges described in clause (1) (b), the

Corporation may specify the amounts or the method for determining the amounts.

Publication

of fees, etc.

(3) The

Corporation,

(

a) shall

publish the fees, costs or other charges and processes, criteria and rules

referred to in clauses (1) (

b) and (

c) on its website and in any other way that

may be provided for in the memorandum of understanding; and

(

b) may

publish the information referred to in clause (

a) in any other format the

Corporation considers advisable.

Requirement

to pay

(4) If

a fee, cost or other charge published under subsection (3) applies to a person,

the person shall pay the fee, cost or other charge to the Corporation in

accordance with any rules made under clause (1) (c).

Transition

(5) Despite

clause (1) (b), any fees, costs or other charges set by the Corporation before the

day

section 6 of the Building Infrastructure Safely Act,

2023 came into force are deemed to comply with that clause until such

fee, cost or other charge is subsequently reset.

Not

public money

(6) The

money that the Corporation collects in carrying out the administration of this Act

and the regulations is not public money within the meaning of the Financial Administration Act and, subject to subsection 3

(3), the Corporation may use it to carry out activities in accordance with its

objects.

The Act is amended by adding the following section:

Locate

requests

5.1

(1) The

Corporation shall ensure that the call system’s operations satisfy any

requirements and standards set out in the regulations.

Call

centre in Northern Ontario

(2) The

Corporation shall operate, as part of its call system, at least one call centre

located in Northern Ontario.

Submission

of locate requests

(3) A

locate request shall be made in accordance with the regulations made by the

Minister, if any.

fee for locate request

(4) Despite

subsection 4 (1), the Corporation shall not charge a fee to any excavator in

respect of submitting a locate request.

Notification

re emergency, specified or standard requests

(5) If

the Corporation receives an emergency, specified or standard request with

regard to a proposed excavation or dig, the Corporation shall notify each

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

the excavation or dig.

Definition

(6) In

subsection (2),

“Northern

Ontario” means the territorial districts of Algoma, Cochrane, Kenora,

Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and

Timiskaming and The City of Greater Sudbury.

(1) Subsection 6 (1) of the Act is amended by striking out “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”

in the portion before paragraph 1 and substituting “under subsection 5.1 (5) in

respect of a locate request”.

(2) Subsection

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

Time

limit for response, specified request

(2) A

member who receives a specified request shall do the things required by

subsection (1),

(

a) within

the time period, if any, prescribed by the Minister in respect of the specified

type of locate request; or

(

b) if

the member and the excavator who made the specified request agree, in writing, to

a time period different than the period mentioned in clause (a), within the

agreed upon time period.

(3) Subsection

6 (3) of the Act is amended by,

(

a) striking

out “standard locate request” and substituting “standard request”; and

(

b) striking

out “about the locate request” at the end and substituting “in respect of the

request”.

(4) Subsection

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

Same,

emergency request

(4) A

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

receiving notification in respect of the 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 emergency request has been made; or

(

b) the

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

(5) Clause

6 (5) (

a) of the Act is amended by adding “who made the locate request mentioned

in subsection (1)” after “the excavator”.

(6) Clause

6 (5) (

b) of the Act is amended by striking out “the regulations set out” at

the beginning and substituting “the regulations made by the Minister provide

for”.

(7) Section

6 of the Act is amended by adding the following subsection:

fee re locate activities

(7) A

member who receives a notification in respect of a locate request under

subsection (1) shall not charge a fee in respect of doing either of the things

required under that subsection.

(1) Section 7 of the Act is amended by adding the following

subsection:

Payment of fee

(5.1) For

greater certainty, a notification given under subsection (2) is not a locate

request and the project owner shall pay any fee set under clause 4 (1) (

b) in

relation to such notification.

(2) Clause

7 (7) (

a) of the Act is amended by striking out “all locate requests, other

than in respect of transmission infrastructure, by the project owner in respect

of the project” and substituting “all notifications made by the Corporation

under clause (9.1) (

a) in respect of the project”.

(3) Section

7 of the Act is amended by adding the following subsection:

Notification re dedicated locator requests

(9.1) If

the Corporation receives a dedicated locator request with regard to a project

referred to in subsection (1), the Corporation shall notify,

(

a) the

dedicated locator set out in the notification given to the Corporation in

respect of the project under subsection (9); and

(

b) if

the excavation or dig set out in the dedicated locator request may affect

transmission infrastructure owned or operated by a member of the Corporation,

each member whose transmission infrastructure may be affected.

(4) Subsection

7 (10) of the Act is amended by striking out “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”

at the beginning and substituting “Within 10 business days after a dedicated

locator receives a notification under clause (9.1) (

a) in respect of a

dedicated locator request”.

(5) Subsection

7 (12) of the Act is amended by,

(

a) striking

out “subsections (6), (7) and (8), the” and substituting “subsections (6), (7),

(8) and (10), a”; and

(

b) adding

“and a reference to the affected member’s underground infrastructure does not

include the affected member’s transmission infrastructure” at the end.

(6) Subsection

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

Locates

of transmission infrastructure

(13) If

a member of the Corporation receives notification under clause (9.1) (

b) with

regard to a project referred to in subsection (1), the following rules apply:

1. If

the locate request referred to in subsection (9.1) would have been a specified

request if it had been submitted by an excavator who was not a project owner,

the member shall do the things required by subsection 6 (1) in respect of the

transmission infrastructure within the time limits set out in subsection 6 (2).

2. If

the locate request referred to in subsection (9.1) would have been a standard

request if it had been submitted by an excavator who was not a project owner,

the member shall do the things required by subsection 6 (1) in respect of the

transmission infrastructure within the time limits set out in subsection 6

(3) or (5), as applicable.

(7) Section

7 of the Act is amended by adding the following subsection:

fee re locate activities for transmission infrastructure

(15) A

member who receives a notification in respect of a locate request under clause

(9.1) (

b) shall not charge a fee in respect of doing either of the things

required under subsection 6 (1) in accordance with subsection (13) of this

section.

Paragraph 1 of subsection 10 (2) of the Act is amended by striking out “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” at the end.

(1) Subsection 12 (1) of the Act is amended by striking out

“standard locate request” and substituting “standard request”.

(2) Subsection

12 (2) of the Act is amended by,

(

a) striking

out “emergency locate request” and substituting “emergency request”; and

(

b) striking

out “set out in paragraph 2 of subsection 6 (2)” at the end and substituting “set

out in the definition of “emergency request” in

section 1”.

Clause 17 (1) (

c) of the Act is repealed.

(1) The French version of clause 20 (

b) of the Act is amended by

striking out “des centres d'appels” and substituting “du système d’appels”.

(2) Clause

20 (

e) of the Act is repealed and the following substituted:

(

e) providing

for further exemptions from or alterations to the application of the Not-for-Profit Corporations Act, 2010 or the regulations

made under it to the Corporation.

(1) Clause 21 (

a) is repealed and the following substituted:

(

a) governing

any matter that this Act describes as being prescribed by the Minister, done in

accordance with the regulations made by the Minister or provided for or

specified in the regulations made by the Minister;

(2) Clause

21 (

e) of the Act is repealed.

(3) Clause

21 (

f) of the Act is repealed and the following substituted:

(

f) governing

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

(

i) establishing

requirements that apply to project owners, dedicated locators or affected

members, and

(ii) modifying

the application of

section 7 and any related provision to certain persons or

things, including establishing other requirements that apply in respect of

certain types of underground infrastructure;

Commencement

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

into force on the day it receives Royal Assent.

(2) Subsection

8 (7) and 9 (7) and

section 12 come into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Building Infrastructure

Safely Act, 2023 .

Date Bill stage Event Outcome Committee

March 6, 2024

Royal Assent

Royal Assent received

February 22, 2024

Third Reading

Vote

Carried

February 22, 2024

Third Reading

Question put

February 22, 2024

Third Reading

Debated

February 21, 2024

Third Reading

Debated

Debate adjourned

February 21, 2024

Third Reading

Debated

Debate adjourned

February 20, 2024

Second Reading

Ordered for Third Reading

February 20, 2024

Second Reading

Report adopted

February 20, 2024

Second Reading

Reported without amendment

Standing Committee on Justice Policy

February 15, 2024

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

February 12, 2024

Second Reading

Consideration of a Bill

Standing Committee on Justice Policy

November 27, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

November 27, 2023

Second Reading

Vote

Carried

November 27, 2023

Second Reading

Question put

November 27, 2023

Second Reading

Debated

November 22, 2023

First Reading

Ordered for Second Reading

November 22, 2023

First Reading

Vote

Carried

First Reading

November 22, 2023

Carried

Ordered for Second Reading

Second Reading

November 27, 2023

Principal Debaters

Armstrong, Teresa

London—Fanshawe

Bailey, Robert

Sarnia—Lambton

Bourgouin, Guy

Mushkegowuk—James Bay

French, Jennifer

Oshawa

Kerzner, Hon. Michael

York Centre

Mamakwa, Sol

Kiiwetinoong

McCarthy, Hon. Todd

Durham

Pasma, Chandra

Ottawa West—Nepean

Riddell, Brian

Cambridge

Sabawy, Sheref

Mississauga—Erin Mills

Sandhu, Amarjot

Brampton West

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Taylor, Monique

Hamilton Mountain

Thompson, Hon. Lisa

Huron—Bruce

Questions and Responses

Blais, Stephen

Orléans

Bresee, Ric

Hastings—Lennox and Addington

Dowie, Andrew

Windsor—Tecumseh

Jordan, John

Lanark—Frontenac—Kingston

Kernaghan, Terence

London North Centre

Kusendova-Bashta, Natalia

Mississauga Centre

Leardi, Anthony

Essex

Pang, Billy

Markham—Unionville

Rae, Matthew

Perth—Wellington

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, Laura

Thornhill

Vanthof, John

Timiskaming—Cochrane

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

Question put

Carried

Ordered referred to Standing Committee

Standing Committee on Justice Policy

February 12, 2024

Consideration of a Bill

Standing Committee on Justice Policy

February 15, 2024

Consideration of a Bill

Standing Committee on Justice Policy

February 20, 2024

Reported without amendment

Standing Committee on Justice Policy

Report adopted

Ordered for Third Reading

Third Reading

February 21, 2024

Principal Debaters

French, Jennifer

Oshawa

Glover, Chris

Spadina—Fort York

McCarthy, Hon. Todd

Durham

Riddell, Brian

Cambridge

Sabawy, Sheref

Mississauga—Erin Mills

Questions and Responses

Dowie, Andrew

Windsor—Tecumseh

Gallagher Murphy, Dawn

Newmarket—Aurora

Gates, Wayne

Niagara Falls

Harden, Joel

Ottawa Centre

Harris, Mike

Kitchener—Conestoga

Kernaghan, Terence

London North Centre

Leardi, Anthony

Essex

MacLeod, Lisa

Nepean

Sattler, Peggy

London West

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Stevens, Jennifer (Jennie)

St. Catharines

Taylor, Monique

Hamilton Mountain

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

Yakabuski, John

Renfrew—Nipissing—Pembroke

February 21, 2024

Debated

February 22, 2024

Principal Debaters

Mantha, Michael

Algoma—Manitoulin

Questions and Responses

Bresee, Ric

Hastings—Lennox and Addington

Fife, Catherine

Waterloo

Vaugeois, Lise

Thunder Bay—Superior North

Question put

Carried

Royal Assent

March 6, 2024

Royal Assent received