Ontario Bill 257 (42nd Parliament, 1st Session)

Bill 257, 42-1

Ontario — Bills

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Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021

Scott, Laurie Minister of Infrastructure

Royal Assent received. Statutes of Ontario 2021,

chapter 2

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Bill 257 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 257 and does not form part of the law.

Bill 257 has been enacted as

Chapter 2 of the Statutes of Ontario, 2021.

Schedule

Building Broadband Faster Act, 2021

The

Schedule enacts the Building Broadband Faster Act, 2021 .

The purpose of the Act is to expedite the delivery of broadband projects of

provincial significance. The Act applies with respect to broadband projects

that are designated by regulation.

Provisions

are made to require co-operation from electricity distributors and transmitters

to complete work that is necessary for the deployment of a project. The

Minister may give a distributor or transmitter a notice requiring the

completion of work. A notice may be given only if the Minister has determined

that the distributor or transmitter has not met a prescribed requirement

relating to when something must be done. The proponent of the project and the

distributor or transmitter are required to enter into negotiations to

co-ordinate the work. Provision is made for the apportionment of costs of the

work. If the distributor or transmitter fails to complete the work the Minister

may order them to do so or may authorize the proponent to carry out the work. A distributor or transmitter who fails to complete the work

is also required to compensate the proponent.

Provisions

are made for requiring municipal service and right of way access. The Minister

may give a municipality a notice of what the Minister has determined is

required. The proponent of the project and the municipality are required to

enter into negotiations to agree on terms. If terms cannot be agreed upon, the

Minister may make a municipal service and right of way access order. A

municipality is required to compensate the proponent if the municipality fails

to negotiate as required or fails to comply with a municipal service and right

of way access order. If a municipality fails to comply with a municipal service

and right of way access order the Minister may authorize a person to do the

work required under the order and the municipality is required to compensate

the Minister for related costs incurred by the Minister.

Provisions

are made relating to notifications requiring the location of underground

infrastructure under the Ontario Underground

Infrastructure Notification System Act, 2012 for a proposed excavation

or dig that relates to a broadband project. The required work must be done

within 10 business days. The proponent of a project may claim compensation for

prescribed losses or expenses if the required work is not done properly.

Provisions

providing for the following are also included:

1. The

delegation of certain functions to the Ontario Infrastructure and Lands Corporation.

2. Administrative

penalties.

3. The

preclusion of certain causes of action.

4. Consequential

amendments to other Acts.

Schedule

Ontario Energy Board Act, 1998

The

Schedule amends the Ontario Energy Board Act, 1998 .

Notably,

the Act is amended by adding a new

Part VI.1 (Electricity Infrastructure). The

Part applies with respect to the development of, use of or access to

electricity infrastructure that is wholly or partly for a purpose other than

the generation, transmission, distribution, consumption, sale or demand

management of electricity, if the development, use or access is specified by

regulations made under the Part. The term “electricity infrastructure” is

defined in

section 104.1 of the Part.

Section 104.5 identifies new objectives

of the Ontario Energy Board in relation to its powers and duties under the

Part.

The

new

Part VI.1 consists primarily of a broad regulation-making authority to

identify and govern the electricity infrastructure development, use and access

to which it applies, in

section 104.3. In addition,

section 104.4 provides

discretion for the Minister of Energy, Northern Development and Mines to

compensate, in accordance with the regulations, transmitters, distributors and any

other persons licensed under

Part V of the Act that may be specified by the

regulations for any lost revenue arising from the application of the Part. Such

compensation would be paid out of money appropriated by the Legislature for the

purpose. Complementary amendments are made to

section 42 of the Electricity Act, 1998 .

Other

amendments made to the Ontario Energy Board Act, 1998

include the following:

1. Amendments

to sections 71 and 88 of the Act to expressly provide that the restriction on

transmitter and distributor business activities in subsection 71 (1) of the Act

is subject to regulations that may provide otherwise.

2. A

new subsection 78 (5.0.0.1) of the Act, which provides that specified payments

that transmitters and distributors may be required to make under the Building Broadband Faster Act, 2021 , set out in

Schedule 1

to the Bill, shall not be considered by the Ontario Energy Board in its setting

of electricity rates.

Finally,

a number of housekeeping amendments are made to the Ontario

Energy Board Act, 1998 , such as repealing the definition of “designated

consumer” in

section 56 since the term is no longer used in the Act. A

consequential amendment is made to the Private Hospitals

Act .

Schedule

Planning Act

The

Planning Act is amended to provide that ministerial

zoning orders made under

section 47 are not required and are deemed to never have

been required to be consistent with policy statements issued under subsection 3

(1). However, any part of such an order that applies to land in the Greenbelt

Area is and always has been required to be consistent with a policy statement

issued under subsection 3 (1).

Bill 257 2021

An Act to enact the Building Broadband Faster

Act, 2021 and to make other amendments in respect of infrastructure and land

use planning matters

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Broadband Faster Act, 2021

Schedule 2

Ontario

Energy Board Act, 1998

Schedule 3

Planning

Act

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) Subject to subsections (2) and

(3), 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 Supporting

Broadband and Infrastructure Expansion Act, 2021 .

Schedule 1

Building Broadband Faster Act, 2021

Purpose of the Act

Purpose

Definitions

Application of the Act

Application

Distributor or Transmitter

Co-operation

Notice

to distributor and transmitter

Co-ordination

Timelines

Application

for additional time

Apportionment

of costs

Minister’s

order or authorization

Compensation

Municipal Service and Right of

Way Access

Need

for municipal service and right of way access

Notice

that municipal service and right of way access required

Contents

of notice

Negotiation

negotiation fails

Municipal

service and right of way access order

Revising

or cancelling order

Compensation

Authorization

to do municipality’s work

Enforcement

through court

Location of Underground

Infrastructure

Location

of underground infrastructure

Ontario Infrastructure and

Lands Corporation

Delegation

to OILC

Ministerial

directives

Administrative Penalties

Administrative

penalties

Miscellaneous

Serving

a document

cause of action

Regulations

Amendments, Commencement and

Short Title

Amendments

in respect of Bill 245 — Accelerating Access to Justice Act, 2021

Amendments

to Ontario Infrastructure and Lands Corporation Act, 2011

Amendment

to Ontario Underground Infrastructure Notification System Act, 2012

Commencement

Short

title

Purpose of the Act

Purpose

1 The purpose of the Act is to expedite the

delivery of broadband projects of provincial significance by removing barriers

and streamlining processes related to infrastructure that may result in delays

to the timely completion of these broadband projects, while enhancing co-ordination

and engagement with and being fair to public and private sector stakeholders.

Definitions

2 In this Act,

“actual cost” means the prescribed costs; (“coût

réel”)

“broadband

project” means a project that deploys, or supports the deployment of, broadband

infrastructure; (“projet d’Internet à haut débit”)

“business

day” means a day from Monday to Friday, other than a holiday as defined in

section 87 of the Legislation Act, 2006 ; (“jour

ouvrable”)

“designated

broadband project” means a broadband project that is designated under the

regulations for the purposes of this Act; (“projet

désigné d’Internet à haut débit” )

“distributor”

has the same meaning as in the Ontario Energy Board Act,

1998 ; (“distributeur”)

“Minister”

means the Minister of Infrastructure or such other member of the Executive

Council to whom responsibility for the administration of this Act is assigned

or transferred under the Executive Council Act ;

(“ministre”)

“municipal service and right of way access”

means municipal service and right of way access referred to in

section 11; (“accès

aux services municipaux et par droit de passage”)

“municipal

service and right of way access order” means a municipal service and right of

way access order made under

section 16; (“arrêté d’accès aux services

municipaux et par droit de passage”)

“OILC”

means the Ontario Infrastructure and Lands Corporation ;

(“Société”)

“prescribed”

means prescribed by regulation; (“prescrit”)

“proponent”

means a person who carries out or proposes to carry out or is the owner or

person having charge, management or control of a project; (“promoteur”)

“regulation”

means a regulation under this Act; (“règlement”)

“transmitter”

has the same meaning as in the Ontario Energy Board Act,

1998 . (“transporteur”)

Application of the Act

Application

3 This Act applies with respect to designated

broadband projects.

Distributor or

Transmitter Co-operation

Notice to distributor

and transmitter

(1) The Minister may by notice

require a distributor or transmitter to complete

work if,

(

a) in

the opinion of the Minister, the work is necessary for the deployment of a

designated broadband project;

(

b) the

Minister has 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

(

c) the

requirement is prescribed by regulation under this Act for the purposes of this

subsection.

Form

and service

(2) The

notice must be in writing and must be served personally, by registered mail or

by email.

Deemed

receipt

(3) A

notice sent by email is deemed to have been received on the first business day

after the day it was sent, unless the distributor or transmitter establishes

that it, acting in good faith, did not receive the notice or received it on a

later date because of a reason beyond its control, including absence, accident,

disability or illness.

Co-ordination

5 After the distributor or transmitter receives

the notice, the proponent of the designated broadband project and the

distributor or transmitter shall enter reasonably promptly into negotiations to

co-ordinate the work required by the notice.

Timelines

6 The notice 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.

Application

for additional time

(1) 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.

Notice

(2) The

distributor or transmitter shall give the proponent such notice of the

application as a judge of the Superior Court of Justice directs.

Test

and order

(3) If

the judge finds that the physical, technical or other difficulties in complying

with the notice require additional time, the judge may make whatever order is

appropriate.

Apportionment

of costs

(1) The proponent and the

distributor or transmitter may agree on the apportionment of the actual cost of

the work.

no agreement

(2) If

no agreement is reached, the actual cost of the work shall be apportioned in

accordance with,

(

a) the

prescribed rules; or

(

b) such

requirements under the Ontario Energy Board Act, 1998

as are prescribed for the purposes of this clause.

Minister’s

order or authorization

(1) If a distributor

or transmitter fails to comply with a notice under

section 4 or an order under

section 7, the Minister may, on an application made by the proponent,

(

a) order

the distributor or transmitter to comply; or

(

b) authorize

the proponent to carry out the work described in the notice.

Enforcement

through court

(2) An

order under clause (1) (

a) may be filed in the Superior Court of Justice and

then may be enforced as if it were an order of that court.

Requirements

if proponent carries out work

(3) A

proponent who carries out work as authorized under clause (1) (

b) shall carry

out the work in accordance with the prescribed requirements.

Compensation

(1) A distributor

or transmitter shall compensate the proponent for a loss or expense incurred

because the distributor or transmitter failed to comply with a notice under

section 4 or an order under

section 7.

Agreement

as to compensation

(2) The

proponent and the distributor or transmitter may

agree upon the compensation.

no agreement

(3) If

no agreement is reached, a claim for compensation under this

section shall be

determined by the Local Planning Appeal Tribunal on application by the

proponent.

Amounts

not compensable

(4) The

compensation that the proponent is entitled to under subsection (1) does not

include the actual cost of the work apportioned to the proponent under

section

Municipal Service and

Right of Way Access

Need for municipal service and right of way

access

11 The Minister may

determine that,

(

a) the

construction of a designated broadband project requires municipal service and

right of way access in the form of 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

construction or operation of a designated broadband project requires municipal

service and right of way access in the form of 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.

Notice

that municipal service and right of way access required

12 The Minister may notify

a municipality that municipal service and right of way access is required.

Contents

of notice

13 The notice shall be in

writing and include the following information:

1. The

particulars of what municipal service and right of way access is required.

2. The

date that the municipal service and right of way access is required by.

Negotiation

14 After the municipality

receives the notice, the proponent of the designated broadband project and the

municipality shall enter reasonably promptly into negotiations to agree on

terms for the municipal service and right of way access.

negotiation fails

15 If, in the Minister’s

opinion, the proponent and the municipality will not be able to agree on terms

for the municipal service and right of way access even though the proponent

made reasonable efforts to reach an agreement, the Minister may at any time

develop a municipal service and right of way access order as follows:

1. The

Minister shall consult with the proponent and the municipality.

2. The

consultation shall occur in the manner that, in the Minister’s opinion, is

appropriate.

3. The

Minister may require the proponent and the municipality to produce information

that, in the Minister’s opinion, the Minister requires to develop the order.

4. The

Minister may obtain technical or other advice on the development of the

municipal service and right of way access order.

Municipal

service and right of way access order

(1) The Minister may make a

municipal service and right of way access order developed under

section 15

requiring the municipal service and right of way access, and the proponent and

the municipality shall comply with it.

Terms

(2) The

order may require the municipality to provide the municipal service and right

of way access set out in the order, and set terms governing the proponent and

the municipality in respect of the municipal service and right of way access,

which may include the following:

1. Implementation

of adequate measures to mitigate the impact on the public of the municipal

service and right of way access. As an option, the measures may include

notification to the municipality and the public of matters concerning the

municipal service and right of way access.

2. Provision

of resources and compensation to address the impact on the municipality of the

municipal service and right of way access.

3. Measures

to address potential municipal liability arising from the municipal service and

right of way access.

4. Technical

standards that must be met to support the municipal service and right of way

access.

5. Dispute

resolution provisions.

6. Other

terms.

Revising

or cancelling order

(1) The

Minister may determine that a municipal service and right of way access order

needs to be revised or cancelled.

Notice

that revising or cancelling required

(2) If

the Minister determines that the order needs to be revised or cancelled, the Minister

shall notify the proponent and the municipality.

Contents

(3) The

notice shall be in writing and shall include the following information:

1. The

particulars of why the order needs to be revised or cancelled, and if revision

is required, what sort of revision is required.

2. The

date that the revision or cancellation is to take effect.

Negotiation, development and terms

(4) Sections

14 to 16 apply, with necessary modifications, to the revision or cancellation

of the order.

Compensation

(1) A municipality

shall compensate the proponent for a loss or expense incurred because the municipality

failed to comply with

section 14 or with a municipal service and right of way

access order.

Agreement

as to compensation

(2) The

proponent and the municipality may agree upon the compensation.

no agreement

(3) If

no agreement is reached, the Minister shall offer non-binding mediation to the

proponent and the municipality.

mediation unsuccessful

(4) If

mediation does not occur or is unsuccessful, a claim for compensation under

this

section shall be determined by the Local Planning Appeal Tribunal on

application by the proponent.

Amounts

not compensable

(5) The

compensation that the proponent is entitled to under subsection (1) does not

include costs apportioned to the proponent under the municipal service and

right of way access order.

Authorization

to do municipality’s work

(1) If a municipality

fails to comply with a municipal service and right of way access order, the

Minister may authorize a person to do the work the municipality was required to

do under the order.

Compensation

(2) The

municipality shall compensate the Minister for the costs incurred by the

Minister relating to the authorization of a person under subsection (1).

Agreement

as to compensation

(3) The

Minister and the municipality may agree upon the compensation.

no agreement

(4) If

no agreement is reached, a claim for compensation under subsection (2) shall be

determined by the Local Planning Appeal Tribunal on application by the Minister.

Amounts

not compensable

(5) The

compensation that the Minister is entitled to under subsection (2) does not

include costs apportioned to the proponent under the municipal service and

right of way access order.

Enforcement

through court

20 A municipal service and

right of way access order may be filed in the Superior Court of Justice and

then may be enforced as if it were an order of that court.

Location of Underground Infrastructure

Location

of underground infrastructure

(1) This

section applies with respect to a notification described in subsection 6 (4) of

the Ontario Underground Infrastructure Notification System

Act, 2012 about a proposed excavation or dig that relates to a

designated broadband project.

Work

to be done within 10 days

(2) The

member of Ontario One Call who received the notification shall do the work

required under subsection 6 (1) of the Ontario Underground

Infrastructure Notification System Act, 2012 within 10 business

days after the day the member received the notification .

Compensation

(3) A

proponent of a designated broadband project may claim compensation from a

member of Ontario One Call for a prescribed loss or expense incurred because

the member,

(

a) failed

to accurately mark on the ground the location of its underground infrastructure

and provide a written document containing information respecting the location

of the underground infrastructure; or

(

b) incorrectly

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

excavation or dig.

Agreement

as to compensation

(4) The

proponent and the member of Ontario One Call may agree upon the compensation.

no agreement

(5) If

no agreement is reached, a claim for compensation under subsection (3) shall be

determined by the Local Planning Appeal Tribunal on application by the

proponent.

Ontario Infrastructure and Lands

Corporation

Delegation

to OILC

(1) The

Minister may delegate the Minister’s functions under this Act in whole or in

part to the OILC, subject to any conditions and restrictions set out in the delegation.

Exceptions

(2) Subsection

(1) does not apply to the following functions:

1. The

Minister’s authority to make and approve regulations.

2. The

Minister’s authority to issue directives.

3. The

Minister’s authority to make an order under clause 9 (1) (

a) or authorize a

proponent of a designated broadband project to carry out work under clause 9

(1) (b).

4. The

Minister’s authority to develop, make, revise or cancel a municipal service and

right of way access order.

5. The

Minister’s authority to impose administrative penalties.

Ministerial

directives

(1) The

Minister may issue directives in writing to the OILC in respect of any matter

under this Act.

Implementation

(2) The

OILC’s board of directors shall ensure the directives to the OILC are

implemented promptly and efficiently.

Directive

not a regulation

(3) A

directive is not a regulation within the meaning of

Part III (Regulations) of

the Legislation Act, 2006 .

Administrative

Penalties

Administrative

penalties

Purpose

(1) The

purpose of an administrative penalty imposed under this

section is,

(

a) to

ensure compliance with prescribed provisions of this Act and the regulations

and with orders of the Minister under clause 9 (1) (a); or

(

b) to

prevent a person or entity from deriving, directly or indirectly, any economic

benefit as a result of contravening the prescribed provisions.

Order

imposing administrative penalties

(2) If

the Minister is satisfied that a person is contravening or not complying with a

prescribed provision of this Act or the regulations or an order of the Minister

under clause 9 (1) (a), the Minister may, by order, impose an administrative

penalty on the person in accordance with this

section and the regulations.

Maximum

administrative penalty

(3) An

administrative penalty shall not exceed a maximum of $500,000 or such lesser

amount as may be prescribed.

Administrative

penalty may be imposed with other measures

(4) An

administrative penalty may be imposed alone or in conjunction with any other

regulatory measure provided by this or any other Act, and may be imposed in

conjunction with a fine imposed for the same infraction.

Limitation

(5) An

administrative penalty may only be imposed within the prescribed time period.

right to be heard

(6) There

is no right to be heard before an order imposing an administrative penalty is

made.

Right

to review

(7) A

person who receives an order imposing an administrative penalty may request a

prescribed individual to review the order by applying to the prescribed

individual for a review in a form approved by the Minister,

(

a) within

a prescribed number of days after the order is served; or

(

b) within

a longer period specified by the prescribed individual, if the prescribed

individual considers it appropriate in the circumstances to extend the time for

applying.

no review requested

(8) If

a person who has received an order imposing an administrative penalty does not

apply for a review under subsection (7), the person shall pay the penalty

within 30 days after the day the order was served.

review requested

(9) If

a person who has received an order imposing an administrative penalty applies

for a review under subsection (7), the prescribed individual shall conduct the

review in accordance with the regulations.

Stay

of order

(10) A

review commenced under subsection (7) operates as a stay of the order until the

matter is finally disposed of.

Prescribed

individual’s decision

(11) On

a review, the prescribed individual may,

(

a) find

that the person did not contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty or did not contravene

the order of the Minister under clause 9 (1) (

a) specified in the order imposing

the administrative penalty, and rescind the order imposing the administrative

penalty;

(

b) find

that the person did contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty or did contravene

the order of the Minister under clause 9 (1) (

a) specified in the order imposing

the administrative penalty, and affirm the order imposing the administrative

penalty; or

(

c) find

that the person did contravene the provision of this Act or the regulations

specified in the order imposing the administrative penalty or did contravene

the order of the Minister under clause 9 (1) (

a) specified in the order imposing

the administrative penalty but that the penalty is excessive in the

circumstances or is, by its magnitude, punitive in nature having regard to all

the circumstances, and in that case the prescribed individual shall amend the

order imposing the administrative penalty by reducing the amount of the

penalty.

Decision

final

(12) The

prescribed individual’s decision is final.

Payment

after review

(13) If

the prescribed individual finds under clause (11) (

b) or (

c) that a person has

contravened the provision of this Act or the regulations specified in the order

imposing the administrative penalty or has contravened the order of the

Minister under clause 9 (1) (

a) specified in the order imposing the

administrative penalty, the person shall pay the penalty required by the prescribed

individual within 30 days after the day the decision was made.

Enforcement

of administrative penalty

(14) If

the person fails to pay the administrative penalty within the time required,

the order imposing the administrative penalty or the prescribed individual’s

decision, as the case may be, may be filed in the Superior Court of Justice and

then may be enforced as if it were an order of that court.

Postjudgment

interest

(15) Section

129 of the Courts of Justice Act applies in respect

of an order or decision filed in the Superior Court of Justice under subsection

(14) and the date on which the order or decision is filed under subsection

(14) is deemed to be the date of the order that is referred to in

section 129 of the

Courts of Justice Act .

Miscellaneous

Serving

a document

(1) Except

as otherwise provided under this Act, a notice, order or document that is

required to be given or served on a person under this Act is sufficiently given

or served if it is,

(

a) delivered

directly to the person;

(

b) sent

by registered mail to the person’s last known address;

(

c) sent

by email to the person’s last known email address; or

(

d) given

by other means specified by the regulations.

Deemed

receipt

(2) Subject

to subsection (3),

(

a) a

document sent under clause (1) (

c) is deemed to have been received on the first

business day after the day it was sent; and

(

b) a

document sent under clause (1) (

d) is deemed to have been received on the day

specified by the regulations.

Failure

to receive document

(3) Subsection

(2) does not apply if the person establishes that they, acting in good faith,

did not receive the document or received it on a later date because of a reason

beyond their control, including absence, accident, disability or illness.

cause of action

(1) No cause

of action arises against the persons or entities described in subsection (2) as

a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act;

(

b) the

making, amending or revoking of any provision of a regulation;

(

c) the

making, revising or cancelling of any term of an order under clause 9 (1) (a);

(

d) the

making, revising or cancelling of any term of an authorization, under clause 9

(1) (b), for a proponent to carry out work; or

(

e) the

making, revising or cancelling of any term of a

municipal service and right of way access order .

Persons

or entities

(2) The

persons and entities referred to in subsection (1) are,

(

a) the

Crown, any current or former member of the Executive Council and any current or

former employee or agent of or adviser to the Crown; and

(

b) the

OILC, any current or former director of the OILC and any current or former

employee, officer or agent of or adviser to the OILC.

Exception

— judicial review

(3) Subsection

(1) does not apply to prevent an application for judicial review.

Proceedings

barred

(4) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, tort, misfeasance, bad faith, trust or fiduciary

obligation, and any remedy under any statute, that is based on a cause of

action described in subsection (1) may be brought or maintained against the

persons or entities described in subsection (2).

Application

of subs. (4)

(5) Subsection

(4) applies to any proceeding, including any court, administrative or arbitral

proceeding, claiming any remedy or relief, including specific performance,

injunction, declaratory relief, any form of compensation or damages or any

other remedy or relief, and includes a proceeding to enforce a judgment or

order made by a court or tribunal outside of Canada.

expropriation or injurious affection

(6) Nothing

done or not done in accordance with this Act, the regulations or a municipal

service and right of way access order constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Not

entitled to be compensated

(7) Despite

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

compensation under this Act, 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).

Regulations

LGIC

(1) The

Lieutenant Governor in Council may make regulations,

(

a) designating

a broadband project for the purposes of this Act;

(

b) governing

administrative penalties that may be imposed under

section 24, and, without

limiting the foregoing, may make regulations,

(

i) prescribing

provisions of this Act and of the regulations for the purpose of subsection 24

(2), except for sections 11 to 20 or regulations in respect of those

provisions,

(ii) prescribing

individuals for the purpose of subsection 24 (7),

(iii) prescribing

the amount of a penalty, or a method for calculating the amount of a penalty,

and prescribing different penalties or ranges of penalties for different types

of contraventions or failures to comply and different penalties or ranges of

penalties depending on specified criteria,

(iv) authorizing

the Minister to determine the amount of a penalty, if the amount of the penalty

or method for calculating the amount of the penalty is not prescribed, and

prescribing criteria that may or must be considered when making an order under

subsection 24 (2), including prescribing that the criteria may include

aggravating or mitigating factors,

(

v) authorizing

that a penalty may be imposed for each day or part of a day on which a

contravention or failure to comply continues,

(vi) authorizing

higher penalties for a second or subsequent contravention or failure to comply,

(vii) governing

the payment of penalties, including requiring that a penalty be paid before a

specified deadline, and authorizing the Minister to approve a plan of periodic

payments that extends beyond the deadline,

(viii) authorizing

the imposition of late payment fees respecting penalties that are not paid

before the specified deadline, including graduated late payment fees, and

providing that such fees are included as part of the penalty for enforcement

purposes,

(ix) prescribing

a lesser maximum penalty and the provisions of this Act or the regulations to

which the lesser maximum penalty applies,

(

x) prescribing

and governing procedures for making and serving an order under

section 24,

including prescribing rules for service, prescribing the day on which an order

is deemed to have been received and providing for service on persons outside

Ontario,

(xi) governing

the review of an order under subsection 24 (7), including,

(

A) establishing

procedures for commencing and conducting a review,

(

B) establishing

time limits for the stages of a review and authorizing the person prescribed

under subclause (ii) to extend any time limit,

(

C) prescribing

that the review must or may be conducted orally, electronically or in writing

or authorizing the person prescribed under subclause (ii) to make that

determination, and

(

D) establishing

criteria to be considered and criteria not to be considered by the person

prescribed under subclause (ii) when determining what decision to make,

(xii) prescribing

the form and content of orders under

section 24,

(xiii) prescribing

circumstances in which a person is not required to pay an administrative

penalty,

(xiv) providing

that an administrative penalty is payable to a prescribed person rather than to

the Minister of Finance, and is a debt due to the person to whom it is payable,

(xv) providing

for other matters to carry out the purpose of

section 24.

Minister

(2) The

Minister may make regulations,

(

a) governing

anything that, in this Act, is required or permitted to be prescribed or that

is required or permitted to be done by, or in accordance with, the regulations,

or as authorized, specified or provided for in the regulations, except for

anything with respect to administrative penalties;

(

b) clarifying

the meaning of any term or phrase used in this Act that is not defined in this

Act;

(

c) exempting

an entity from a provision of this Act and setting conditions for the

exemption;

(

d) providing

for other matters to carry out the purpose of this Act.

Adoption

of documents in regulations

(3) A

regulation made under subsection (2) may adopt by reference, in whole or in

part, with such changes as the Minister considers necessary, any document,

including a code, formula, standard, protocol or procedure, and may require

compliance with any document so adopted.

Rolling incorporation by reference

(4) The

power to adopt by reference and require compliance with a document in

subsection (3) includes the power to adopt a document as it may be amended from

time to time.

Publication

(5) The

OILC shall publish documents adopted under subsection (3) on the OILC’s website

and shall make them publicly available in any other manner the OILC considers

advisable.

Amendments, Commencement and

Short Title

Amendments

in respect of Bill 245 — Accelerating Access to Justice

Act, 2021

(1) This

section only

applies if Bill 245 ( Accelerating Access to Justice Act,

2021 ), introduced on February 16, 2021, receives Royal Assent.

(2) References

in this

section to provisions of Bill 245 are references to those provisions as

they were numbered in the first reading version of the Bill.

(3) On

the later of the day subsection 10 (3) of this

Schedule comes into force and

the day

section 2 of

Schedule 6 to Bill 245 comes into force, subsection 10 (3)

of this

Schedule is amended by striking out “Local Planning Appeal Tribunal”

and substituting “Ontario Land Tribunal”.

(4) On

the later of the day subsection 18 (4) of this

Schedule comes into force and the day

section 2 of

Schedule 6 to Bill 245 comes

into force, subsection 18 (4) of this

Schedule is amended by striking out

“Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.

(5) On

the later of the day subsection 19 (4) of this

Schedule comes into force and

the day

section 2 of

Schedule 6 to Bill 245 comes into force, subsection 19 (4)

of this

Schedule is amended by striking out “Local Planning Appeal Tribunal”

and substituting “Ontario Land Tribunal”.

(6) On

the later of the day subsection 21 (5) of this

Schedule comes into force and

the day

section 2 of

Schedule 6 to Bill 245 comes into force, subsection 21 (5)

of this

Schedule is amended by striking out “Local Planning Appeal Tribunal”

and substituting “Ontario Land Tribunal”.

Amendments

to Ontario Infrastructure and Lands Corporation Act, 2011

(1) Paragraph

4 of subsection 4 (1) of the Ontario Infrastructure and

Lands Corporation Act, 2011 is amended by adding “or the Building Broadband Faster Act, 2021 ” at the end.

(2) Subsection

12 (2) of the Act is amended by adding “or the Building

Broadband Faster Act, 2021 ” at the end.

Amendment

to Ontario Underground Infrastructure Notification System

Act, 2012

Section 6 of the Ontario Underground Infrastructure Notification System Act, 2012

is amended by adding the following subsection:

Exception

(4) Despite

subsections (2) and (3), if the notification received under subsection

(1) indicates that it is related to a broadband project designated under the Building Broadband Faster Act, 2021 , the member shall do

the things required by subsection (1) within 10 business days of the day the

member receives notification about the proposed excavation or dig.

Commencement

31 The Act set out in this

Schedule

comes into force on the day the Supporting Broadband and

Infrastructure Expansion Act, 2021 receives Royal Assent.

Short title

32 The

short title of the Act set out in

this

Schedule is the Building Broadband Faster Act, 2021 .

Schedule 2

Ontario Energy Board Act, 1998

Subsection 21 (2) of the Ontario Energy Board Act, 1998

is amended by striking out “in this or any other Act” and substituting “under

this or any other Act”.

Section 51 of the Act is amended by adding the following subsection:

Regulations

(3) The

Lieutenant Governor in Council may make regulations prescribing the time or

times at which a licence is to be renewed for the purposes of subsection (2).

The definition of “designated consumer” in

section 56 of the Act is repealed.

(1) Subsection 71 (1) of the Act is amended by striking out “Subject

to subsection 70 (9) and subsection (2) of this section, a transmitter” at the

beginning and substituting “Except as provided by this

section or the

regulations, and subject to subsection 70 (9), a transmitter”.

(2) Subsection

71 (3) of the Act is amended by striking out “Despite subsection (1), a

distributor” at the beginning and substituting “A distributor”.

(3) Subsection

71 (4) of the Act is amended by striking out “Despite subsection (1) the Board”

at the beginning and substituting “The Board”.

(1) Section 78 of the Act is amended by adding the following

subsection:

Same,

prescribed payments under Building Broadband Faster Act,

(5.0.0.1) In

approving or fixing just and reasonable rates for the transmission or

distribution of electricity, the Board shall not include any of the following

amounts or classes of amounts payable by a transmitter or distributor under the

Building Broadband Faster Act, 2021 :

1. An

administrative penalty payable by a transmitter or distributor under

section 24

of that Act, unless permitted by the regulations.

2. Any

other class of amounts specified by the regulations.

(2) Subsection

78 (6.6) of the Act is repealed.

(1) Clause 88 (1) (a.0.1) of the Act is repealed.

(2) Subsection

88 (1) of the Act is amended by adding the following clauses:

(g.3) for

the purposes of subsection 71 (1), providing for circumstances in which a

transmitter or distributor may carry on a business activity other than

transmitting or distributing electricity other than through one or more

affiliates, subject to any conditions or restrictions specified by the regulations;

. . . .

(g.9) for

the purposes of subsection 78 (5),

(

i) permitting

the Board to consider including any or all of the classes of amounts referred

to in paragraphs 1 and 2 of that subsection or any part of them, as specified

by the regulations, when approving or fixing just and reasonable rates under

subsection 78 (3), and

(ii) specifying

classes of amounts for the purposes of paragraph 3 of subsection 78 (5);

(g.10) for

the purposes of subsection 78 (5.0.0.1),

(

i) permitting

the Board to consider including any or all administrative penalties referred to

in paragraph 1 of that subsection or any part of them, as specified by the

regulations, when approving or fixing just and reasonable rates under

subsection 78 (3), and

(ii) specifying

classes of amounts for the purposes of paragraph 2 of subsection 78 (5.0.0.1);

(3) Section

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

Subdelegation

(1.2) A

regulation made under clause (1) (g.9) or (g.10) may authorize the Board to

determine a matter that may be prescribed by the Lieutenant Governor in Council

under that clause.

The Act is amended by adding the following Part:

Part

VI.1

Electricity Infrastructure

Definitions

104.1 In this Part,

“development”

includes the expansion or reinforcement of existing electricity infrastructure;

(“aménagement”)

“electricity

infrastructure” means a distribution system, a transmission system and any

related structure, system, equipment, facility or other thing that may be

prescribed by the regulations. (“infrastructure de l’électricité”)

Application

104.2 This Part applies with

respect to,

(

a) prescribed

uses of or access to electricity infrastructure that are

wholly or partly for a purpose other than the generation, transmission, distribution,

consumption, sale or demand management of electricity , by persons or

entities prescribed by the regulations; and

(

b) prescribed

development of electricity infrastructure that is wholly or partly for the

purpose of providing for or otherwise enabling electricity infrastructure use

or access that is wholly or partly for a purpose other than the generation,

transmission, distribution, consumption, sale or demand management of

electricity.

Regulations

104.3

(1) The Lieutenant Governor in Council may make

regulations governing the development of, use of or access to electricity

infrastructure for the purposes of this Part, including,

(

a) for

the purposes of

section 104.2 and the application of this Part,

(

i) specifying

or otherwise determining uses of and access to electricity infrastructure that

are wholly or partly for a purpose other than the generation, transmission,

distribution, consumption, sale or demand management of electricity, including,

for greater certainty, anticipated or otherwise prospective uses and access,

(ii) specifying

or otherwise determining development of electricity infrastructure that is

wholly or partly for the purpose of providing for or otherwise enabling

electricity infrastructure use or access that is wholly or partly for a purpose

other than the generation, transmission, distribution, consumption, sale or

demand management of electricity, including, for greater certainty, in relation

to anticipated or otherwise prospective uses or access, and

(iii) prescribing

persons and entities;

(

b) prescribing

powers and duties of the Board in relation to the development of, use of and

access to electricity infrastructure to which this Part applies, and governing

the exercise of those powers and performance of those duties;

(

c) requiring

the Board to amend conditions in licences issued under

Part V to a transmitter,

distributor or other prescribed person respecting the development of, use of or

access to electricity infrastructure to which this Part applies, and specifying

and governing the conditions;

(

d) governing

charges or costs for the development of, use of or access to electricity

infrastructure to which this Part applies and governing the amounts of the

charges or costs, including fixing the amounts, setting maximum or minimum

amounts or prescribing methods or techniques for determining amounts or maximum

or minimum amounts;

(

e) requiring

a transmitter, distributor or other prescribed person licensed under

Part V to

make arrangements with other parties or take any other steps, including

entering into contracts, in relation to charges or costs referred to in clause

(

d) or otherwise in relation to the development of, use of or access to

electricity infrastructure to which this Part applies;

(

f) specifying

provisions that must be included in contracts or other arrangements entered

into by a transmitter, distributor or other prescribed person licensed under

Part V in relation to the development of, use of or access to electricity

infrastructure to which this Part applies, whether those contracts or other

arrangements are required by regulations made under clause (

e) or otherwise;

(

g) specifying,

with respect to a matter relating to the development of, use of or access to

electricity infrastructure to which this Part applies, whether the Board is to

hold a hearing, the circumstances under which a hearing may or may not be held

and, if a hearing is to be held, the type of hearing to be held;

(

h) requiring

or directing the Board to require a transmitter, distributor or other

prescribed person licensed under

Part V to develop any specified aspect of its

electricity infrastructure to which this Part applies, in a specified time and

manner;

(

i) governing

the preparation or implementation of capital plans respecting the development

of, use of or access to electricity infrastructure to which this Part applies

by a transmitter, distributor or other prescribed person licensed under

Part V,

including,

(

i) requiring

or directing the Board to require the preparation or implementation of such

capital plans, and

(ii) determining

or directing the Board to determine requirements that the capital plans must

meet, including that they contain specified information or be prepared or

implemented by a specified time or in a specified manner;

(

j) governing

performance standards relating to the development of, use of or access to

electricity infrastructure to which this Part applies, including establishing

or directing the Board to establish such performance standards;

(

k) governing

the provision of information or reports respecting the development of, use of

or access to electricity infrastructure to which this Part applies by a licensed

transmitter or distributor or any other prescribed person, including,

(

i) requiring

or directing the Board to require the provision of such information or reports,

and

(ii) determining

or directing the Board to determine the information or reports that must be

provided and the time and manner of the provision;

(

l) for

the purposes of the payment of compensation under

section 104.4,

(

i) governing

amounts payable to a transmitter, distributor or other prescribed person

licensed under

Part V under that section, including prescribing methods or

techniques for calculating or determining the amounts,

(ii) requiring

the IESO to receive payments made by the Minister under that

section and to

make payments to a transmitter, distributor or other prescribed person licensed

under

Part V, and

(iii) requiring

a transmitter, distributor or other prescribed person licensed under

Part V to

receive payments referred to in subclause (ii) or to participate in prescribed

methods for receiving such payments;

(

m) respecting

anything that, in this Part, is described as being prescribed or that may or

must be done by the regulations;

(

n) providing that a provision of any other

Part of this Act does not apply with respect to a matter to which this Part

applies, or otherwise modifying the application of a provision of any other

Part of the Act that applies with respect to a matter to which this Part

applies;

(

o) governing

transitional matters arising from the enactment or application of this Part,

including in relation to contracts or agreements respecting the development of,

use of or access to electricity infrastructure that exist when this Part begins

to apply to the development, use or access.

Licence

conditions

(2) Regulations

made under clause (1) (

c) may provide for licence conditions pertaining to any

matter respecting the development of, use of or access to electricity

infrastructure to which this Part applies, including, for greater certainty,

respecting matters prescribed under clauses (1) (d), (e), (f), (h), (i), (j), (

k) and (l).

General

or particular

(3) A

regulation made under subsection (1) may be general or particular in its

application, and may provide for different classes of development, use, access,

electricity infrastructure, transmitters, distributors, other persons or

entities or any other thing.

Retroactive

(4) A

regulation made under subsection (1) is, if it so provides, effective with

respect to a period before it is filed.

Adoption

by reference

(5) A

regulation made under subsection (1) may adopt by reference, in whole or in

part, with such changes as the Lieutenant Governor in Council considers necessary,

any document, including a code, formula, standard, protocol or procedure, and

may require compliance with any document so adopted.

Publication

(6) Documents

adopted in accordance with subsection (5) shall be published on the Board’s

website and made publicly available in any other manner the Board considers

advisable.

Conflict

(7) In

the event of a conflict between a regulation made under subsection (1) and any

other Part of this Act, the regulations, any other Act or regulation that is

prescribed by the regulations, an order of the Board or a code issued under

section 70.1, the regulation made under subsection (1) prevails to the extent

of the conflict.

Operation unaffected

(8) For

greater certainty, subject to clause (1) (

n) and subsection (7),

an Act,

regulation or other instrument that applies with respect to the development of,

use of or access to electricity infrastructure continues to apply with respect

to the development of, use of and access to electricity infrastructure to which

this Part applies.

Compensation

104.4

(1) The

Minister may make payments of such amounts as may be determined by the

regulations in order to compensate a transmitter, distributor or other

prescribed person licensed under

Part V for any lost revenue arising from the

application of this Part or the regulations.

Same

(2) Compensation

provided for under subsection (1) shall be paid for out of the money

appropriated by the Legislature for the purposes of that subsection.

Board objectives,

electricity infrastructure

104.5 The Board, in

exercising powers and performing duties for the purposes of this Part, shall be

guided by the following objectives, in addition to the other Board objectives

set out in this Act:

1. To

facilitate the efficient development of, use of and access to electricity

infrastructure to which this Part applies.

2. Any

other objective that may be prescribed by the regulations in relation to the

development of, use of and access to electricity infrastructure to which this

Part applies or any specified class of such development, use or access.

(1) Clause 127 (1) (j.1) of the Act is repealed.

(2) Subsection

127 (4.1) of the Act is amended by striking out “or (j.1)”.

Subsection 128.1 (1) of the Act is amended by striking out “sections 1 and 2”

at the end and substituting “sections 1, 2, 2.1 and 104.5”.

Electricity

Act, 1998

(1) Subsection 42 (2) of the Electricity Act,

1998 is amended by striking out “Subject to subsection (3)” at the

beginning and substituting “Except as provided under this section”.

(2) Section

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

Same

(5.1) Clause

(1) (

b) and subsection (5) are subject to

Part VI.1 of the Ontario Energy Board Act, 1998 .

Private

Hospitals Act

Paragraph 16 of subsection 34 (1) of the Private Hospitals

Act is repealed.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Supporting Broadband and Infrastructure Expansion

Act, 2021 receives Royal Assent.

(2) Sections

7, 9 and 10 come into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 3

Planning Act

Section 47 of the Planning Act is amended by adding

the following subsections:

Non-application

of s. 3 (5) (a)

(1.1) Clause

3 (5) (

a) does not apply and is deemed never to have applied to an order made

under clause (1) (

a) of this section.

Greenbelt

Area

(1.2) Despite

subsection ( 1.1 ), clause 3 (5) (

a) applies and always has applied to any part of an order made under clause (1) (

a) of this

section that applies to land in the Greenbelt Area.

Retroactive

effect

(1.3) For greater certainty,

subsection ( 1.1 ) applies to orders

that were made under clause (1) (

a) before the day the

section 1 of

Schedule 3

to the Supporting Broadband and Infrastructure Expansion

Act, 2021 came into force and, for that purpose, references in

subsections (1.1) and (1.2) to clauses (1) (

a) and 3 (5) (

a) include references

to the predecessors of those clauses.

Commencement

This

Schedule comes into force on the day the Supporting

Broadband and Infrastructure Expansion Act, 2021 receives Royal Assent.

Bill 257 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.

______________