Implementation of the New Act

The Ministry of Consumer Services initiated a consultation process for the implementation of the Ontario Underground Infrastructure Notification System Act (commonly known as the 1 Call Act).  As most already know, the Ontario Legislature passed this act into force last June, in order to make membership in ON1Call mandatory for all utilities and making it illegal for excavators to initiate work without contacting ON1Call.  Our article on the passing of this can be found by clicking here.  The consultation they are now undertaking is to develop policies for the implementation of the Act in terms of policy and regulatory development as well as oversight of ON1Call performance.

Among a number of proposal that have been mades, we found a few that were particularly interesting:

1. It is proposed that fines up to $10,000 be available in the regulations for failure of a member to provide a locate within 5 days.  This should be of particular interest to consultants and drillers as it would appear that the Act will be getting serious about having locates provided in a timely manner.  Drillers and consultants share in the current misery of waiting weeks for locates in many cases.

2. For those undertaking excavations (including drilling) without locates, fines of up to $1million will be available.

3.  A performance monitoring system is proposed, whereby a utility is required to report back to ON1Call the date and time that a locate was completed and that all damages to utilities be reported to ON1Call.

The rollout of this Act and the associated regulations and policies is an extremely important issue to environmental and geotechnical consultants and drillers.  We will continue to monitor and report back on the implementation.  Ideally, we will report in the future that locates are all being completed within 5 days and assessment and drilling investigations are staying on schedule.  That ideal world scenario is likely several years away (at least).

Date:  April 2013

April is “Dig Safe” Month

A good reminder for locates and other safe drilling practices.

Date:  April 2013

$500 Fee For No Locates

In addition to the fines available to regulators within a number of acts and regulations for not having locates, the TSSA has introduced a $500 fee within their Natural Gas Fee Schedule for an inspection at sites where there are no locates.  They have also increased their Pipeline Strike Inspection fee to $850 for sites where there is an incident.  Their fee schedule can found by clicking Fees.

Date:  April 2013

Big News on 1-Call

After many years and a lot of work by quite a number of people, Ontario now officially has a true 1-Call system.  On June 19, Bill 8, the Ontario Underground Infrastructure Notification System Act received Royal Assent.  Essentially, this Act creates a legal framework whereby all underground utilities must be members of Ontario 1-Call and employ their systems as a mechanism to provide utility locates.  Although many utilities are members already, many are not; thereby creating confusion and extra work for stakeholders who are seeking to determine the location of utilities prior to undertaking an excavation, such as borehole drilling.  This act will require all municipalities, gas pipeline and electrical infrastructure operators and any other owners of utilities that cross public rights of way to be members of 1-Call.  There is a one to two year phase-in period for non members to join 1-Call.  In addition, the act sets out responsibilities for those undertaking excavation work to have locates completed before they initiating the work.

A few key areas of the Act are highlighted below:

6 (2) The member shall make all reasonable attempts to do the things required by subsection (1) within five business days of the day the member receives notification about the proposed excavation or dig, unless there is a reasonable expectation that the excavation or dig will not start within 30 business days of the day the member receives the notification.

This sets out a 5 day timeline for locates, but leaves an out clause by indicating “reasonable attempts”.  It will be interesting to see how the phrase “reasonable attempts” is interpreted when one does not obtain their locates when they need them.

7 (2)  No excavator shall commence an excavation or dig unless,

(a)  it has contacted the Corporation to request locates for all underground infrastructure that may be affected by the excavation or dig;

(b)  each member that owns or operates underground infrastructure that may be affected by an excavation or dig has properly provided locates for its affected underground infrastructure or has stated in writing that none of its underground infrastructure will be affected by the excavation or dig; and

(c)  if locates are properly provided, the excavator has ensured that the locate markings on the ground do not conflict with the written information provided respecting the underground infrastructure.

As outlined above, not only is a person now obligated by law to contact 1-Call, but also to ensure there is a locate for each utility and ensure that the paint marks or flags do not conflict with the paperwork (a common problem).

There are also provisions for the establishment of regulations under the Act for such items as timelines, fines, membership, among others.  This Act further supports our company policies of not drilling without proper and complete locates, as it implements another regulatory regime for the requirement for locates.  This is in addition to the current requirements set out in the Occupational Health and Safety Act, the TSSA Act, and the Electricity Act.

This Act does not affect private utilities belonging to the property owners, and in no way changes the requirements to have them located by a private locator prior to initiating a drilling program.

Links to some further information:

 

Press Release – MPP Bob Bailey – 12-06-19 – Bill 8 Royal Assent

Daily Commercial News Article

A link to the Act along with background information