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FederalDid not become law (session ended)41st Parliament, 2nd Session

Bill S-233 explained in plain English

An Act enacting the Underground Infrastructure Safety Enhancement Act and making consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 2nd Session
Bill number
Bill S-233
Full title
An Act enacting the Underground Infrastructure Safety Enhancement Act and making consequential amendments to other Acts
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Jun 22, 2015

Official Parliament of Canada snapshot for 41st Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Jun 22, 2015
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-233 creates a federal underground infrastructure notification system requiring owners of federally regulated or federal land-located underground infrastructure to register with notification centres and participate in locate procedures before ground disturbance work.

What It Means

Bill S-233 establishes the Underground Infrastructure Safety Enhancement Act, which creates a notification system to prevent damage to underground infrastructure during construction and ground disturbance work on federal lands and to federally regulated infrastructure. The bill requires: - Owners or operators of underground infrastructure (like cables, pipes, and ducts) that are federally regulated or located on federal lands to register with notification centres in their province and pay registration fees. - These owners must provide detailed location information to notification centres, including geospatial data and descriptions of where the infrastructure is located. - Before undertaking any ground disturbance work (such as excavation, drilling, or digging) on federal land that displaces more than 30 centimetres of soil, a person or entity must first notify the relevant notification centre. - When a notification centre receives notice of proposed work, it must inform all relevant underground infrastructure owners who could be affected. - Infrastructure owners then have a set period to either mark the location of their infrastructure on the ground using colour codes or notify the person doing the work that their project will not cause damage. - Infrastructure owners generally cannot charge fees for marking locations, except when the work requires marking outside normal business hours or when repeated false requests are made. The bill makes changes to several federal laws (the National Energy Board Act, the Canadian Transportation Accident Investigation and Safety Board Act, the Telecommunications Act, and the Canada Transportation Act) to give federal regulators powers to develop damage prevention programs and policies related to ground disturbances. The bill applies only to federal lands and federally regulated infrastructure, not to provincial or local infrastructure. It does not apply to small ground disturbances that displace less than 30 centimetres of soil.

What This Bill Does
  • Creates the Underground Infrastructure Safety Enhancement Act as a federal notification system for underground infrastructure
  • Requires owners or operators of federally regulated underground infrastructure to register with notification centres serving the province where the infrastructure is located
  • Requires owners or operators to pay registration fees established by notification centres or provincial legislation
  • Requires infrastructure owners to provide location information to notification centres, including geospatial data and city/town names, and to update this information when changes occur
  • Requires any person planning ground disturbance work on federal land to notify the relevant notification centre before beginning work, providing project details and planned disturbance location
  • Requires notification centres to inform affected infrastructure owners of proposed ground disturbance projects within a reasonable time
  • Requires infrastructure owners to mark the location of their infrastructure on the ground using prescribed colour codes or indicate that the project will not cause damage, within timeframes specified by the notification centre or provincial legislation
  • Prohibits infrastructure owners from charging fees for location marking or information provision, except for after-hours work or repeated false locate requests
  • Permits the Minister to assign functions to damage prevention organizations to carry out the Act's purposes
  • Permits the Minister to enter into funding agreements with provinces to enable notification centres or damage prevention organizations to operate
  • Allows the Minister to make regulations prescribing required information, fees, colour codes, and other operational details
  • Excludes from application ground disturbances displacing less than 30 centimetres of soil that do not reduce cover over underground infrastructure
  • Permits the Minister to exclude military bases or stations from application, by order
  • Permits the Minister to specify additional federal statutes beyond those listed as 'federally regulated'
  • Makes consequential amendments to the National Energy Board Act, Canadian Transportation Accident Investigation and Safety Board Act, Telecommunications Act, and Canada Transportation Act to require those bodies to develop damage prevention policies and programs related to ground disturbances
Who Is Affected
  • Owners or operators of underground infrastructure that is federally regulated or located on federal lands
  • Persons or entities planning to undertake ground disturbance work on federal lands
  • Notification centres (non-profit organizations providing single points of contact for underground infrastructure inquiries in provinces)
  • Damage prevention organizations designated by the Minister to carry out functions under the Act
  • The National Energy Board (responsible for pipelines and international power lines)
  • The Canadian Transportation Accident Investigation and Safety Board
  • The Canadian Radio-television and Telecommunications Commission (telecommunications infrastructure)
  • The Canadian Transportation Agency (railways)
  • Provincial governments (who may enter into funding agreements and establish provincial notification systems)
  • Canadian carriers and telecommunications service providers
  • Railway companies
  • Workers and the general public (benefiting from damage prevention measures)
Rights, Duties, Or Obligations
  • Owners or operators of federally regulated or federal land-located underground infrastructure must register with notification centres and pay registration fees
  • Infrastructure owners must provide and update location information to notification centres in required formats and timeframes
  • Persons planning ground disturbance work on federal land must notify notification centres before beginning work, providing required project information
  • Infrastructure owners must mark ground locations or provide written confirmation of non-interference within specified timeframes after receiving notice of proposed work
  • Infrastructure owners have the right to charge fees only in specified circumstances: after-hours work with reasonable cost basis, or repeated false requests (fees fixed by regulation)
  • Infrastructure owners cannot charge routine fees for marking locations or providing information for single or occasional requests
  • Notification centres must inform affected infrastructure owners of proposed ground disturbance projects within a reasonable time
  • The Governor in Council may designate which federal Minister oversees the Act
  • The Minister may make regulations on various operational matters including information requirements, fees, colour codes, and definitions of 'several occasions'
  • The Minister may assign functions to damage prevention organizations
  • The Minister may enter into funding agreements with provincial governments to support notification centres or damage prevention organizations
  • Federal regulatory bodies (NEB, CTAISB, CRTC, CTA) must develop damage prevention policies, programs and projects related to ground disturbances
Important Dates
  • Bill was at first reading in the Senate on June 17, 2015
  • Bill is currently at second reading in the Senate (status as of the metadata provided)
  • The bill does not specify a fixed coming into force date; instead, it provides that provisions come into force on dates fixed by order of the Governor in Council (section 21(1))
  • No order establishing a coming into force date can be made unless Parliament has appropriated moneys for the purposes of the Act (section 21(2))
Financial Or Tax Impacts
  • Infrastructure owners or operators must pay registration fees to notification centres, with fees to be fixed by notification centres or provincial legislation (section 7(b))
  • Infrastructure owners may charge persons undertaking ground disturbance work a fee corresponding to reasonable costs when location marking or information provision occurs outside normal business hours (section 11(3))
  • Infrastructure owners may charge a fee fixed by regulation if they are required on multiple occasions to mark locations or provide information for projects that do not proceed (section 11(4))
  • The Minister may enter into agreements to provide funding to provincial governments for notification centre operations and damage prevention organizations (section 13)
  • The bill requires Parliament to appropriate moneys for the purposes of the Act before any coming into force order can be made (section 21(2))
Enforcement Or Penalties
  • The bill itself does not specify penalties for non-compliance with the Act's notification and marking requirements. Enforcement mechanisms would be established through regulations or provincial legislation
  • For federally regulated sectors, contraventions of damage prevention orders issued under the amended laws (National Energy Board Act, Telecommunications Act, Canada Transportation Act) can be prosecuted as violations with penalties, though specific penalty amounts are not stated in this bill
  • The Telecommunications Act amendment specifically adds damage prevention orders to enforcement provisions, making contraventions of section 46.6(2) orders subject to violation proceedings and penalties
Uncertainties Or Limits
  • The bill does not specify what monetary penalties apply for violations, stating only that violation proceedings are available
  • The bill does not specify which federal Minister will be designated to oversee the Act, though it allows the Governor in Council to designate any federal Minister by order (section 3)
  • The bill does not establish fixed coming into force dates and instead requires future orders by the Governor in Council, making the timeline for implementation uncertain
  • The bill does not specify the colour codes to be used for marking infrastructure locations; these are to be prescribed by regulation (section 11(1)(a))
  • The bill does not define specific timeframes for notification centre responses, stating only 'within a reasonable time' (section 10)
  • The bill does not specify the content of regulations regarding information exemptions or fee amounts, stating only that the Minister may make such regulations
  • The bill refers to 'several occasions' for repeat false requests but does not define this term, leaving it to future regulation (section 11(4))
  • The scope of 'federally regulated' infrastructure is subject to expansion by the Minister through order under section 6
  • The bill does not detail coordination mechanisms between federal and provincial notification systems beyond general references to provincial legislation
  • It is unclear whether the system will operate in all provinces or only those with existing notification centres, as the bill references infrastructure owners registering 'if such a centre exists' (section 7(a))
Laws Or Regulations Affected
Underground Infrastructure Safety Enhancement Act
created

New federal law establishing a notification system for underground infrastructure to prevent damage during ground disturbance work on federal lands and affecting federally regulated infrastructure.

Source: Section 1

National Energy Board Act
amended

Adds new provisions requiring the National Energy Board to develop and promote damage prevention policies, programs and projects for pipelines and international power lines when damage may be caused by ground disturbance regulated by this Act. Gives the Board power to order relevant persons to take preventive measures within 30 metres of pipelines and to make regulations for preventing or reducing damage.

Source: Section 15, adding sections 12.2 and 12.3

Canadian Transportation Accident Investigation and Safety Board Act
amended

Adds new provision requiring the Board to develop and promote damage prevention policies, programs and projects for pipelines and railways when damage may be caused by ground disturbance regulated by this Act. Does not apply to military transportation facilities.

Source: Section 16, adding section 7.1

Telecommunications Act
amended

Adds new provisions requiring the Canadian Radio-television and Telecommunications Commission to develop and promote damage prevention policies, programs and projects for transmission facilities and lines when damage may be caused by ground disturbance regulated by this Act. Gives the Commission power to order Canadian carriers and telecommunications service providers to take preventive measures. Also amends violation enforcement provisions to include contraventions of damage prevention orders.

Source: Sections 17-18, adding Part III.1 with section 46.6 and amending section 72.001

Canada Transportation Act
amended

Adds new provision requiring the Canadian Transportation Agency to develop and promote damage prevention policies, programs and projects for railways when damage may be caused by ground disturbance regulated by this Act. Gives the Agency power to order railway companies to take preventive measures. Amends enforcement provisions to include damage prevention orders in violation proceedings.

Source: Sections 19-20, adding section 158.1 and amending section 177(1.1)

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Jun 17, 2015
Completed

Bill S-233 completed its first reading in the Senate on June 17, 2015, and subsequently moved to second reading.

Introduction and first reading, Jun 17, 2015
End of stage activity, Jun 17, 2015
Chamber sittings
Introduction and first reading - Jun 17, 2015

During a Senate sitting on June 17, 2015, Bill S-233, the Underground Infrastructure Safety Enhancement Act, was introduced for its first reading, and the Senate debated and proceeded with other legislation, including an omnibus budget bill.

Step 2
Second reading
Jun 22, 2015
Not completed

Bill S-233 commenced its second reading debate in the Senate on June 22, 2015, with the sponsor delivering a speech, and the stage remained incomplete.

Chamber sittings
Debate at second reading - Jun 22, 2015

On June 22, 2015, the Senate engaged in a sitting that included debates on various bills, including those concerning national parks, offshore petroleum, mental health, firearms, and underground infrastructure safety, alongside discussions on broader societal issues and government accountability.

Senator Grant Mitchell introduced Bill S-233 at second reading in the Senate, proposing a national "call before you dig" standard to enhance underground infrastructure safety.

Step 3
Third reading
Not reached yet
Not reached

Bill S-233 is currently at the Second Reading stage in the Senate and has not yet proceeded to Third Reading.

Step 1
First reading
Not reached yet
Not reached

Bill S-233 has reached its First Reading stage in the House of Commons, but this stage has not yet occurred, and the bill is currently at Second Reading in the Senate.

Step 2
Second reading
Not reached yet
Not reached

Bill S-233 has reached the 'Second reading' stage in the House of Commons, but this stage has not yet occurred, while the bill has already undergone first and second readings in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-233 has reached the 'Consideration in committee' stage in the House of Commons, though this stage is noted as 'Not reached', while the bill is currently at 'Second reading' in the Senate.

Step 4
Report stage
Not reached yet
Not reached

Bill S-233 has not yet reached the House of Commons Report stage, and is currently at the second reading stage in the Senate where a debate occurred on June 22, 2015.

Step 5
Third reading
Not reached yet
Not reached

Bill S-233 has not yet reached Third Reading in the House of Commons and is currently at Second Reading in the Senate, with the latest activity being a debate on June 22, 2015.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Grant Mitchell
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced