Ontario Underground Infrastructure Notification System Act, 2012

Definitions

1 In this Act, “administrative penalty” means an administrative penalty imposed under section 17.2; (“pénalité administrative”) “appeal body” means the person prescribed by the Minister or, if no person is prescribed by the Minister, the Tribunal; (“organisme d’appel”) “assessor” means a person appointed as an assessor under section 17.1; (“évaluateur”) “Corporation” means the corporation continued under subsection 2 (1); (“Société”) “dedicated locator” means a locator described in clause 7 (7) (a); (“localisateur unique”) “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”) “designated broadband project” has the same meaning as in section 2 of the Building Broadband Faster Act, 2021; (“pr…

Corporation

2 (1) Ontario One Call, continued under the Corporations Act, is continued as a corporation without share capital. 2012, c. 4, s. 2 (1). Letters patent revoked (2) The letters patent issued to continue the Corporation 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. 2012, c. 4, s. 2 (2). Board of directors (3) The affairs of the Corporation shall be governed and managed by its board of directors. 2012, c. 4, s. 2 (3). Composition of the board — Minister’s order (4) The Minister may, by order, provide that no more than a fixed percentage of members of the board of directors shall be drawn from among the persons or classes of persons specified in the order. 2022, c. 9, Sched. 2, s. 2. Change in…

2.1 (1) The Minister and the Corporation shall enter into a memorandum of understanding which shall include, at a minimum, terms relating to the following matters: 1. All matters the Minister considers necessary regarding the Corporation’s powers and duties under this Act and the regulations. 2. The governance of the Corporation. 3. The maintenance by the Corporation of adequate insurance against liability arising out of its powers and duties under this Act and the regulations. 4. Any other matter related to the Corporation’s objects as set out in section 3. 2022, c. 9, Sched. 2, s. 3. Transition (2) Despite subsection (1), a memorandum of understanding that is in effect immediately before the coming into force of this section is not required to include the terms set out in subsection (1) until it is otherwise amended. 2022, c. 9, Sched. 2, s. 3. Section Amendments with date in force (d/…

2.2 The Corporation shall carry out its powers and duties under this Act and the regulations in accordance with the law, this Act, Minister’s orders, the regulations, and the memorandum of understanding under section 2.1. 2022, c. 9, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 3 - 14/04/2022

2.3 (1) Subject to section 2.5, the Minister may, by order, appoint an individual as an administrator of the Corporation for the purposes of assuming control of it and responsibility for its activities. 2022, c. 21, Sched. 8, s. 2. Notice of appointment (2) The Minister shall give the Corporation’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2022, c. 21, Sched. 8, s. 2. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board of directors to form a quorum. 2022, c. 21, Sched. 8, s. 2. Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2022, c. 21, Sched. 8, s. 2. Powers and duties of administrator (5) Unless the order appointing the administrator provides otherwise, the administrator has the exc…

2.4 (1) On the appointment of an administrator under section 2.3, the members of the board of directors of the Corporation cease to hold office, unless the order provides otherwise. 2022, c. 21, Sched. 8, s. 2. Same (2) During the term of the administrator’s appointment, the powers of any member of the board of directors who continues to hold office are suspended, unless the order provides otherwise. 2022, c. 21, Sched. 8, s. 2. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board of directors of the Corporation for any act, neglect or default done by the administrator or the Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2022, c. 21, Sched. 8, s. 2. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019…

2.5 The Minister may exercise the power under subsection 2.3 (1) or any other prescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1. The exercise of the power is necessary to prevent serious harm to underground infrastructure, public safety or to the interests of the public. 2. An event of force majeure has occurred. 3. The Corporation is facing a risk of insolvency. 4. The number of members of the board of directors of the Corporation is insufficient for a quorum. 2022, c. 21, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 8, s. 2 - 28/11/2022

2.6 The following rules apply respecting conflicts that may arise in applying this Act: 1. This Act and its regulations prevail over the memorandum of understanding and the Corporation’s by-laws and resolutions. 2. A Minister’s order made under this Act prevails over the memorandum of understanding and the Corporation’s by-laws and resolutions. 2022, c. 21, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 8, s. 2 - 28/11/2022

3 (1) The following are the objects of the Corporation: 1. To operate a call system to receive locate requests within Ontario. 2. To identify for excavators whether underground infrastructure is located in the vicinity of a proposed excavation or dig site. 3. To notify a member of the Corporation of proposed excavations or digs that may affect the underground infrastructure of the member. 4. To raise public awareness of the Corporation and the need for safe digging. 5. To promote and undertake activities in relation to the matters assigned to the Corporation under this Act and the regulations, including compliance and enforcement. 6. To promote and undertake activities which support timely responses to locate requests. 7. To promote and undertake additional activities in accordance with the memorandum of understanding under section 2.1. 8. To carry out any additional objects the Minister…

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. 2024, c. 1, s. 5. 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. 2024, c. 1, s. 5. 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 omi…

4 (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). 2024, c. 1, s. 6. 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. 2024, c. 1, s. 6. 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 understan…

5 (1) A person or entity described in one or more of the following paragraphs is a member of the Corporation if the person or entity owns or operates underground infrastructure: 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 underground infrastructure that crosses a public right of way or is in the vicinity of a public right of way. 2012, c. 4, s. 5 (1). Members to provide information (2) A member of the Corporation shall provide, at the time o…

Locates

5.1 (1) The Corporation shall ensure that the call system’s operations satisfy any requirements and standards set out in the regulations. 2024, c. 1, s. 7. 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. 2024, c. 1, s. 7. Submission of locate requests (3) A locate request shall be made in accordance with the regulations made by the Minister, if any. 2024, c. 1, s. 7. No 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. 2024, c. 1, s. 7. 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 inf…

6 (1) If a member of the Corporation receives a notification under subsection 5.1 (5) in respect of a locate request, the member shall do either of the following: 1. Mark on the ground the location of its underground infrastructure and provide a written document containing information respecting the location of its underground infrastructure. 2. State in writing that none of its underground infrastructure will be affected by the excavation or dig. 2022, c. 9, Sched. 2, s. 6 (1); 2024, c. 1, s. 8 (1). 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 …

7 (1) This section applies with respect to the following excavation or dig projects: 1. A designated broadband project. 2. An excavation or dig project that satisfies such criteria as may be prescribed by the Minister. 3. An excavation or dig project for which the project owner chooses to use a dedicated locator. 2022, c. 9, Sched. 2, s. 6 (1). Notice to Corporation (2) Subject to subsections (3) and (4), a project owner who intends to carry out a project referred to in subsection (1) shall notify the Corporation of the project at least 90 days before any excavation or dig is expected to commence. 2022, c. 9, Sched. 2, s. 6 (1). Notice within 90-day period (3) The Corporation may permit a project owner to give the notice under subsection (2) less than 90 days before any excavation or dig is expected to commence. 2022, c. 9, Sched. 2, s. 6 (1). Same, designated broadband project (4) If so…

8 (1) Subject to subsection (2), a locate provided by a member of the Corporation or a dedicated locator is valid for a period of 60 days or such other period as may be prescribed by the Minister. 2022, c. 9, Sched. 2, s. 6 (1). Member, dedicated locator may provide for longer validity period (2) The member or dedicated locator, as the case may be, may specify that a locate is valid for a period that is longer than the period referred to in subsection (1). 2022, c. 9, Sched. 2, s. 6 (1). Markings no longer visible (3) Despite subsections (1) and (2), if the markings on the ground that were provided under paragraph 1 of subsection 6 (1) or paragraph 1 of subsection 7 (10) are no longer visible, the validity period in respect of the locate is deemed to have expired. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022

9 (1) If, before the end of the validity period in respect of a locate, a member becomes aware of any change to information that was provided under paragraph 1 of subsection 6 (1) or paragraph 1 of subsection 7 (10), the member shall notify the following persons of the change within two business days after becoming aware of the change: 1. The Corporation and the excavator, if the information was provided under subsection 6 (1). 2. The Corporation, the project owner and the dedicated locator, if the information was provided under subsection 7 (10). 2022, c. 9, Sched. 2, s. 6 (1). Notice deemed part of locate (2) A notice referred to in subsection (1) is deemed to form part of the locate provided by the member or a dedicated locator, as the case may be. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022

10 (1) An excavator shall not commence an excavation or dig unless either of the following conditions are satisfied: 1. All of the following apply: i. The excavator has submitted a locate request. ii. Each member that owns or operates underground infrastructure that may be affected by an excavation or dig has done the things required by subsection 6 (1) or, if section 7 applies in respect of the excavation or dig, the dedicated locator has done the things required by subsection 7 (10) and, if applicable, each member who owns or operates transmission infrastructure has complied with subsection 7 (13). iii. If locates are provided, the excavator has ensured that the locate markings on the ground do not conflict with the written information provided respecting the underground infrastructure. 2. The excavator, i. has received from another excavator the information referred to in paragraph 1 …

11 An excavator who submits a locate request is permitted to share with another excavator the information described in paragraph 1 or 2 of subsection 6 (1) that was provided by a member, but only if, (a) the other excavator’s contact information was included in the locate request that was submitted to the Corporation; or (b) if clause (a) does not apply, the excavator who submitted the locate request provides the other excavator’s contact information to the Corporation before sharing the locate information. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022

Prohibitions and Provision of Information Prohibitions re locate requests

12 (1) An excavator shall not submit a standard request more than 30 days before an excavation or dig is expected to commence. 2022, c. 9, Sched. 2, s. 6 (1); 2024, c. 1, s. 11 (1). Emergency request (2) An excavator shall not submit an emergency request if the excavator knows or ought to know that the request does not satisfy the description set out in the definition of “emergency request” in section 1. 2022, c. 9, Sched. 2, s. 6 (1); 2024, c. 1, s. 11 (2). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022 2024, c. 1, s. 11 (1, 2) - 06/03/2024

13 An excavator shall not excavate or dig in a manner that the excavator knows or reasonably ought to know would damage or otherwise interfere with any underground infrastructure. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022 Provision of information re locate request

14 (1) Within three business days after a member does the things required by subsection 6 (1) or a dedicated locator does the things required by subsection 7 (10), the member or dedicated locator, as the case may be, shall notify the Corporation that it has done those things. 2022, c. 9, Sched. 2, s. 6 (1). Notice of delay in response to locate request (2) If a member or dedicated locator becomes aware that there will be a delay in doing the things required by subsection 6 (1) or 7 (10), as the case may be, the member or dedicated locator shall notify the Corporation of the expected delay as soon as possible. 2022, c. 9, Sched. 2, s. 6 (1). Additional information (3) The notices required under subsections (1) and (2) shall include such information as the Corporation may require in such manner and form as determined by the Corporation. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments wi…

15 (1) The Corporation shall make the following information available to the public on its website: 1. Information about each member’s locate performance, including, at a minimum, the number of locate requests received by the member and when these locate requests were completed. 2. Any other information about a member’s performance providing locates as may be prescribed by the Minister. 3. Subject to subsection (3), a summary of each order imposing an administrative penalty under section 17.2, unless the order was revoked. 2022, c. 9, Sched. 2, s. 6 (1, 2). Duration of publication (2) Information required to be published on the Corporation’s website under subsection (1) shall be removed two years after the day it is published. 2022, c. 9, Sched. 2, s. 6 (1). Timing of publication, administrative penalties (3) A summary of an administrative penalty shall not be published before, (a) the t…

Recourse

16 (1) An excavator shall compensate a member for a loss or expense incurred because the excavator, (a) contravened subsection 12 (1) in relation to the member’s underground infrastructure; or (b) contravened section 13, resulting in damages or otherwise interfering with the member’s underground infrastructure. 2022, c. 9, Sched. 2, s. 6 (1). Loss or expense incurred (2) A loss or expense referred to in subsection (1) is, (a) any economic or financial loss or expense that is caused by the excavator; or (b) any other type of loss or expense prescribed by the Minister. 2022, c. 9, Sched. 2, s. 6 (1). Agreement as to compensation (3) The excavator and the member may agree upon the compensation in writing. 2022, c. 9, Sched. 2, s. 6 (1). If no agreement (4) If no agreement is reached, a claim for compensation under subsection (1) shall be determined by the Tribunal on application by the memb…

17 (1) A member shall compensate an excavator for a loss or expense incurred because the member, (a) failed to accurately provide a locate; (b) incorrectly stated that none of its underground infrastructure will be affected by the excavation or dig; (c) failed to provide a locate in accordance with the time limit applicable under section 6; or (c) Repealed: 2024, c. 1, s. 12; (d) failed to provide the information, or to provide accurate information, to a dedicated locator required by clause 7 (7) (b). 2022, c. 9, Sched. 2, s. 6 (1, 4); 2024, c. 1, s. 12. Loss or expense incurred (2) A loss or expense referred to in subsection (1) is, (a) any economic or financial loss or expense that is caused by the member, including, without being limited to, any loss or expense resulting from any delay in completing an excavation or dig; or (b) any other type of loss or expense prescribed by the Minis…

Penalties and Offences

17.1 (1) The Corporation may appoint assessors for the purposes of making an order under section 17.2 imposing an administrative penalty. 2022, c. 9, Sched. 2, s. 7. Restrictions (2) An appointment is subject to the restrictions, limitations and conditions set out in it. 2022, c. 9, Sched. 2, s. 7. Identification (3) An assessor shall produce, on request, evidence of his or her appointment. 2022, c. 9, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 7 - 01/04/2023 Administrative penalties

17.2 (1) An assessor may, by order, impose an administrative penalty against a member or excavator in accordance with this section and the regulations made by the Minister if the assessor is satisfied that the member or excavator has contravened or is contravening a provision of this Act that is prescribed by the Minister or a provision of the regulations that is prescribed by the Minister. 2022, c. 9, Sched. 2, s. 7. To whom payable (2) An administrative penalty is payable to the Corporation. 2022, c. 9, Sched. 2, s. 7. Purpose (3) An administrative penalty may be imposed under this section for one or more of the following purposes: 1. To promote compliance with this Act and the regulations. 2. To prevent a member or excavator from deriving, directly or indirectly, any economic benefit as a result of a contravention described in subsection (1). 2022, c. 9, Sched. 2, s. 7. Amount (4) The…

17.3 (1) The member or excavator against whom an order made under subsection 17.2 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. 2022, c. 9, Sched. 2, s. 7. If no appeal (2) If the member or excavator does not appeal the order in accordance with subsection (1), the order is confirmed. 2022, c. 9, Sched. 2, s. 7. Hearing (3) If the member or excavator appeals the order, the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order. 2022, c. 9, Sched. 2, s. 7. Parties (4) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal. 2022, c. 9, Sched. 2, s. 7. Non-application of the SPPA (5) If the appeal body is not the…

17.4 If a member or excavator against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the member or excavator cannot be charged with an offence under this Act in respect of the same contravention on which the order is based. 2022, c. 9, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 7 - 01/04/2023

17.5 (1) If a member or excavator against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2022, c. 9, Sched. 2, s. 7. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2022, c. 9, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 7 - 01/04/2023

18 A person or entity, other than the Corporation, who contravenes or fails to comply with any section of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2022, c. 9, Sched. 2, s. 6 (1). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 2, s. 6 (1) - 14/04/2022

19 (1) The Corporation is guilty of an offence if it knowingly contravenes this Act or the regulations and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2022, c. 9, Sched. 2, s. 6 (1). Individuals (2) A director, officer, employee or agent of the Corporation who knowingly contravenes this Act or the regulations is guilty of an offence. 2022, c. 9, Sched. 2, s. 6 (1). Parties to offences (3) A director or officer of the Corporation is guilty of an offence who, (a) knowingly causes, authorizes, permits or participates in the commission by the Corporation of an offence mentioned in subsection (1); or (b) fails to take reasonable care to prevent the Corporation from committing an offence mentioned in subsection (1). 2022, c. 9, Sched. 2, s. 6 (1). Penalty (4) A person who is convicted of an offence under su…

Regulations

20 The Lieutenant Governor in Council may make regulations, (0.a) defining words and expressions used in this Act that are not otherwise defined in this Act; (a) respecting the governance of the Corporation; (0.b) prescribing provisions for the purpose of section 2.5; (b) establishing requirements and standards regarding the operations of the Corporation’s call system; (c) identifying persons or entities, in addition to those listed in subsection 5 (1), who are required to become members of the Corporation and specifying the date by which such persons or entities shall become members; (d) specifying times when a member must provide information under subsection 5 (2); (e) 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. 2022, c. 9, Sched. 2, s. 6 (1); 2022, c. 21, Sched…

21 The Minister may make regulations, (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; (b) further defining or clarifying the definition of “transmission infrastructure” in section 1; (c) respecting whether a proposed excavation or dig is in the vicinity of underground infrastructure owned or operated by a member; (d) respecting whether underground infrastructure crosses a public right of way or is in the vicinity of a public right of way, for the purposes of paragraph 7 of subsection 5 (1); (e) Repealed: 2024, c. 1, s. 14 (2). (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) mo…