Ontario One Call Act, 2011 Bailey, Robert — Bill 180 (39th Parliament, 2nd Session)

Bill 180, 39-2

Ontario — Bills

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Bill 180, Ontario One Call Act, 2011

Bailey, Robert

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[39] Bill 180 Original (PDF)

Bill 180 2011

An Act respecting

Ontario One Call Ltd.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In

this Act,

"Corporation"

means Ontario One Call Ltd.

Ontario One Call continued

(1) The

corporation known as Ontario One Call Ltd. or ON1Call is continued as a corporation

without share capital.

Articles of incorporation revoked

(2) The articles of incorporation issued to constitute the

Corporation continued under subsection (1) are revoked, but the revocation does

not affect the rights or obligations of the Corporation or any by-law,

resolution or appointment of the Corporation except to the extent that the

by-law, resolution or appointment is inconsistent with this Act.

Cancellation of shares

(3) The shares of the Corporation that are issued and

outstanding immediately before this

section comes into force are cancelled when

this

section comes into force, and no amount is payable to any shareholder in

respect of the cancelled shares.

Members

(4) On the day this Act comes into force, the members of Ontario

One Call Ltd. shall be such persons who were members immediately before that

day.

Board of directors

(5) The affairs of the Corporation shall be governed and

managed by its board of directors.

Not a Crown agency

(6) The Corporation is not a Crown agency within the

meaning of the Crown

Agency Act .

Powers

(7) The Corporation has the capacity and the rights,

powers and privileges of a natural person, subject to the limitations set out

in this Act.

Objects

(1) The

following are the objects of the Corporation:

1. To

operate a call centre to receive excavator and homeowner queries regarding the location of

underground infrastructure within Ontario.

2. To

identify for excavators and homeowners whether underground infrastructure is

located in the vicinity of a proposed excavation or dig site.

3. To

notify members of proposed excavations or digs that may affect underground infrastructure.

4. To

raise public awareness of Ontario One Call Ltd. and the need for safe digging.

Non-profit corporation

(2) The business and affairs of the Corporation shall be

carried on without the purpose of gain and any profits shall be used by the Corporation

for the purpose of carrying out its objects.

No fee for query

(1) The

Corporation shall not charge a fee to any person making a query regarding the location of

underground infrastructure.

Requirements and standards

(2) The Corporation shall ensure that the call centre's

operations satisfy any requirements and standards set out in the regulations

made under this Act .

Members

(1) Within

12 months after the day this Act comes into force, the following persons and

entities shall become members of the Corporation:

1. Every

municipality in Ontario.

2. Hydro

One Inc., as defined in the Electricity

Act, 1998.

3. Ontario

Power Generation Inc., as defined in the Electricity Act, 1998.

4. Every

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

5. Every

operator of a distribution system, as defined in the Electricity Act, 1998 .

6. Every

person or entity regulated under the Oil, Gas and Salt Resources Act .

7. Every

person or entity that owns or operates a pipeline that is regulated under the Technical Standards and Safety

Act, 2000 .

8. Every

person or entity that owns or operates underground infrastructure that crosses

a public right of way.

Members to

provide information

(2) Immediately upon a person or entity becoming a member

of the Corporation, the person or entity shall provide such information to the

Corporation as is necessary for the Corporation to identify the location of all

underground infrastructure owned by the member.

Where infrastructure affected by dig

(1) If

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

a proposed excavation or dig in the vicinity of infrastructure owned by the

member, the member shall, within five business days of being informed of the

proposed excavation or dig,

(

a) mark

the location of the infrastructure; or

(

b) indicate

that its infrastructure will not be affected by the excavation or dig.

Exception

(2) A member is not required to do anything described in

clause (1) (

a) or (

b) unless the excavation is reasonably expected to start

within 30 working days of the day the member receives notification about the

proposed excavation or dig.

Time limits

(3) The time limit set out in subsection (1) shall not

apply and a different time limit shall apply,

(

a) if

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

(

b) the

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

Penalties

(1) A

person or entity who does not comply with

section 5 or 6 of this Act is guilty

of an offence and on conviction is liable to the fine set out in the

regulations made under this Act.

Same

(2) A person who intentionally erases a mark indicating

the location of underground infrastructure is guilty of an offence and on

conviction is liable to the fine set out in the regulations made under this

Act.

Regulations

8. The

Lieutenant Governor in Council may make regulations,

(

a) respecting

the governance of the Corporation and the administration of this Act and the

regulations;

(

b) establishing

requirements and standards regarding the call centre's operations;

(

c) identifying

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

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

persons or entities shall become members;

(

d) respecting

situations in which the time limit for locating and marking infrastructure is

to be shorter or longer than the time limit described in subsection 6 (1), and

specifying the shorter or longer time limits;

(

e) specifying

the fines to be paid for offences under this Act.

Commencement

9. This Act comes into force on the day it

receives Royal Assent.

Short title

10. The

short title of this Act is the Ontario One Call Act, 2011 .

EXPLANATORY NOTE

The

Bill enacts a new Act, the Ontario

One Call Act, 2011 .

Ontario

One Call Ltd. is a corporation currently operating in Ontario. Ontario One Call

Ltd. provides information to excavators and homeowners about the location of

underground infrastructure. The Act continues the Corporation and sets out new

requirements that must be met regarding the Corporation's membership and

operations. The Act requires that the persons or entities specified in the Act

become members of the Corporation and provide information to it. When a member

of the Corporation receives information about a proposed excavation or dig, the

member is required to mark the location of its underground infrastructure that

is in the vicinity of the excavation or dig site, or indicate that its

infrastructure will not be affected by the excavation or dig. The Act creates

offences for failure to comply with the Act or regulations made under it.

Date Bill stage Activity Committee

April 21, 2011

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

April 21, 2011

Second Reading

Carried

April 21, 2011

Second Reading

Debate

April 13, 2011

First Reading

Carried

Debates and Progress

First Reading

April 13, 2011

Committee

Second Reading

April 21, 2011

Mr. Robert Bailey, Ms. Cheri DiNovo, Mr. Bas Balkissoon, Mr. John Yakabuski, Mr. Khalil Ramal, Mr. Frank Klees, Mr. Rosario Marchese, Mrs. Elizabeth Witmer

April 21, 2011

Declared carried. Ordered referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 180, 39-2
Type	bill
Volume / chapter	p39 s2 bill 180 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9cc0cbebb831962f56b8831dd1541d7f475e74a9

Source file is stored in the law ingest library (html).