Building Broadband Faster Act, 2021

Purpose of the Act

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 One Window platform” means the digital platform maintained on behalf of the Minister to support the design, procurement, construction and management of designated broadband projects; (“plateforme Broadband One Window”) “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”) “dedicated locator” has the same meaning as in the Ontario Underground Infrastructure Notification System Act, 2012; (“localisateur unique”) “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”) “…

Application of the Act

3 This Act applies with respect to designated broadband projects.

Distributor or Transmitter Co-operation

4 (1) The Minister may by notice require a distributor or transmitter to complete work if, in the opinion of the Minister, the work is necessary for the deployment of a designated broadband project, and if, (a) the Ontario Energy Board has made an order with respect to any application made by a proponent to the Ontario Energy Board under the Ontario Energy Board Act, 1998 with respect to the work; or (b) no application has been made by the proponent to the Ontario Energy Board under the Ontario Energy Board Act, 1998 regarding the work and the Minister has, (i) determined that the distributor or transmitter has not met a requirement under the Ontario Energy Board Act, 1998 or this Act with respect to when something must be done and the requirement is prescribed by regulation under this Act for the purposes of this subsection, or (ii) received written notice from a proponent that there is…

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.

6 (1) Subject to subsection (2), a notice issued in accordance with section 4 shall specify the date by which the notice must be complied with and the date shall be the date agreed on by the proponent and the distributor or transmitter, or, in default of agreement, shall be at least 60 days after the notice is served, unless a shorter period of time has been prescribed for the purposes of this subsection. 2022, c. 9, Sched. 1, s. 3. Exception (2) In the circumstances that are prescribed, a notice issued in accordance with section 4 is not required to specify a date for compliance. 2022, c. 9, Sched. 1, s. 3. Modifications (3) In the circumstances that are prescribed, a notice issued in accordance with clause 4 (1) (a), (a) may specify modifications to the order referred to in clause 4 (1) (a); and (b) is subject to any restrictions as may be prescribed. 2022, c. 9, Sched. 1, s. 3. Sectio…

7 (1) If a notice specifies a date, the distributor or transmitter may apply to a judge of the Superior Court of Justice for an order altering the date specified in the notice to a later date. 2022, c. 9, Sched. 1, s. 4. 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. 2021, c. 2, Sched. 1, s. 7 (2). 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. 2021, c. 2, Sched. 1, s. 7 (3). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 1, s. 4 - 14/04/2022

8 (1) The proponent and the distributor or transmitter may agree on the apportionment of the actual cost of the work. If 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.

9 (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.

10 (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. 2021, c. 2, Sched. 1, s. 10 (1). Agreement as to compensation (2) The proponent and the distributor or transmitter may agree upon the compensation. 2021, c. 2, Sched. 1, s. 10 (2). If no agreement (3) If no agreement is reached, a claim for compensation under this section shall be determined by the Ontario Land Tribunal on application by the proponent. 2021, c. 2, Sched. 1, ss. 10 (3), 28 (3). 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 8. 2021, c. 2, Sched. 1, s. 10 (4). Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 1…

Municipal Service and Right of Way Access

10.1 (1) This section applies where a proponent of a designated broadband project makes an application to a municipality for municipal service and right of way access in the form of, (a) the use, occupation, modification or temporary closure of a municipal highway, a municipal right of way or real property or an interest in real property that is under municipal ownership or control; or (b) the use of, access to or modification of, (i) a municipal highway, a municipal right of way or real property or an interest in real property that is under municipal ownership or control, (ii) infrastructure that is under municipal ownership or control, and (iii) municipal services related to that infrastructure. 2022, c. 9, Sched. 1, s. 5. Submission on the Broadband One Window platform (2) For the purpose of subsection (1), an application submitted to the Broadband One Window platform shall be deemed …

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.

12 The Minister may notify a municipality that municipal service and right of way access is required.

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.

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.

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.

16 (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…

17 (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.

18 (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. 2021, c. 2, Sched. 1, s. 18 (1). Agreement as to compensation (2) The proponent and the municipality may agree upon the compensation. 2021, c. 2, Sched. 1, s. 18 (2). If no agreement (3) If no agreement is reached, the Minister shall offer non-binding mediation to the proponent and the municipality. 2021, c. 2, Sched. 1, s. 18 (3). If mediation unsuccessful (4) If mediation does not occur or is unsuccessful, a claim for compensation under this section shall be determined by the Ontario Land Tribunal on application by the proponent. 2021, c. 2, Sched. 1, ss. 18 (4), 28 (4). Amounts not compensable (5) The compensation that the proponent is entitled to under subsection (1) does not include co…

19 (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. 2021, c. 2, Sched. 1, s. 19 (1). 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). 2021, c. 2, Sched. 1, s. 19 (2). Agreement as to compensation (3) The Minister and the municipality may agree upon the compensation. 2021, c. 2, Sched. 1, s. 19 (3). If no agreement (4) If no agreement is reached, a claim for compensation under subsection (2) shall be determined by the Ontario Land Tribunal on application by the Minister. 2021, c. 2, Sched. 1, ss. 19 (4), 28 (5). Amounts not compensable (5) The compensation that the Minister is entitled to under subsection (2) does not include …

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.

Data Sharing and Underground Infrastructure Location Process

20.1 (1) Any of the following persons or entities that receives a request from the Minister for data concerning utility infrastructure that the person or entity owns or operates that is within 10 metres of a designated broadband project, or, if a different geographic area has been prescribed that is applicable to the project, within that prescribed geographic area, shall disclose the requested data in the form required by the Minister within 15 business days of receiving the request: 1. A municipality. 2. Hydro One Inc., as defined in the Electricity Act, 1998. 3. Ontario Power Generation Inc., as defined in the Electricity Act, 1998. 4. A gas distributor or gas transmitter, as those terms are defined in the Ontario Energy Board Act, 1998. 5. An operator of a distribution system, as defined in the Electricity Act, 1998. 6. A person or entity regulated under the Oil, Gas and Salt Resource…

21 (1) A proponent of a designated broadband project who intends to carry out an excavation or dig for the project shall comply with section 7 of the Ontario Underground Infrastructure Notification System Act, 2012. 2022, c. 9, Sched. 1, s. 7. Dedicated locator (2) Within 10 business days after receiving a notice under subsection 7 (6) of the Ontario Underground Infrastructure Notification System Act, 2012, or within a different time limit agreed on in writing by the proponent and the affected members of Ontario One Call, (a) the affected members of Ontario One Call and the proponent shall agree in writing on a dedicated locator who will respond to all locate requests by the proponent in respect of the project; and (b) the affected members of Ontario One Call shall give to the dedicated locator mapping information, such as the location of the member’s underground infrastructure, and any …

Ontario Infrastructure and Lands Corporation

22 (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.

23 (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

24 (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…

Miscellaneous

25 (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 b…

26 (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. 2021, c. 2, Sched. 1, s. 26 (1). 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…

26.1 (1) Subsections 6 (2) to (5), section 7, subsections 8 (1) and (2) and section 8.1 of the Expropriations Act do not apply to an expropriation of land, within the meaning of that Act, if the expropriation is made under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project. 2024, c. 25, Sched. 1, s. 2. Conflict (2) Subsection (1) applies despite subsection 2 (4) of the Expropriations Act. 2024, c. 25, Sched. 1, s. 2 (1). Process for comments (3) The Minister may, by direction, establish a process for receiving comments from property owners about a proposed expropriation and for considering those comments. 2024, c. 25, Sched. 1, s. 2 (1). Non-application of the Legislation Act, 2006 Part III (4) Part III of the Legislation Act, 2006 does not apply to a direction made under subsection (3). 2024, c. 25, Sched. 1, s. 2 (1). Statutory Powers Pr…

26.2 (1) The Minister may assign any easement expropriated under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project to, (a) a distributor; (b) a proponent; (c) a telecommunications service provider, within the meaning of the Telecommunications Act (Canada); or (d) any other entity, if the assignment is necessary to further the purpose of this Act. 2024, c. 25, Sched. 1, s. 2 (1). Same, Minister’s designate (2) If the Minister’s authority under section 10 of the Ministry of Infrastructure Act, 2011 has been delegated under subsection 19 (2) of that Act to a Crown agency, the Crown agency may assign an easement described in subsection (1) of this section in accordance with that subsection. 2024, c. 25, Sched. 1, s. 2 (1). Registration (3) An easement assigned under subsection (1) or (2) shall be registered against the real property affected …

27 (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…

28 Omitted (provides for amendments to this Act).

29-30 Omitted (amends, repeals or revokes other legislation).

31 Omitted (provides for coming into force of provisions of this Act).

32 Omitted (enacts short title of this Act). ______________