Ontario Underground Infrastructure
Notification System Act 2012
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Agenda
• How it takes7 years to make a law (almost)
everyone said was a good idea
• How the Act will operate
• Why it is such good legislation
• Lessons Learned for others
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7 Years
2004 – 2010
Initial Lobbying phase
Result:
Government Created Voluntary
Registration Campaign – partial
success
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7 Years
2011 – 2012
Traction and Passage phase
Result:
Passage of Private Members Bill 8
Ontario Underground Infrastructure
Notification System Act 2012
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The Ontario Underground
Infrastructure Notification
System Act 2012
• Received Royal Assent June 19 2012
– Came into force the same day
• More than 600 infrastructure owners will join
by the Act’s deadlines
– Municipalities: June 18, 2014
– All other owners: June 18, 2013
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The OUINS Act
• All Infrastructure owners required to register:
• Crown agencies not covered
• Reserves not enforceable
• Response must consist of markings or an “all
clear”
– Paperwork to back-up both
• Response must be provided within 5 business
days
• Excavator must request, locate & dig safely
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The OUINS Act
• ON1Call is the regulator of the Act and must
enforce:
• Fees for non-compliance are last tool to use
• Compliance plans, staff training, and other actions
etc. are preferred alternatives
• Compliance Committee decides on penalties, with
an Appeals Committee as the final resort
• Excavators and SMEs on the Committee
• Goals are efficiency/safety, not fines
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The Ontario Underground Infrastructure Notification System Act 2012
HOW THE ACT WILL OPERATE
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The Goals for the
Excavator
• Contact Ontario One Call to obtain locates for
infrastructure owners in public right of way
• Contact the resident/landowner (or hire a
private locator) for infrastructure under
private land
• Excavator receives required responses and
digs with care
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Draft Regulations
• Every locate & completion date must be
reported to ON1Call using “360 Feedback”
tool
• Require transparency and large disclosure
• Members automatically covered by Terms
and Conditions that include compliance with
the Act
• Will support new bylaw granting voting rights
to all members
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Who We Are
• 1996: Founded by Bell, Union Gas and Enbridge Gas
• 2011: Not-For-Profit with elected board of 12
• 2012: A statutory corporation under the oversight of
the Ministry of Consumer services.
• 2013: New Governance model, including 3 more
board seats
• 2014: All members to vote on the Board’s make-up
and all major decisions.
• E.g. fees, service standards, bylaws
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Who We Are
Members
Board of
Directors
Committees
Executive
Director
Onboarding
Operations
Admin
Member
Relations
Subcontractors
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The Ontario Underground Infrastructure Notification System Act 2012
WHY IS IT GOOD LEGISLATION?
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Prior Ontario Legislation
1. Duty to the excavator to obtain locates but no duty
on Infrastructure Owners to perform then in a
specific time frame.
2. No Duty to advertise how to obtain locates or who
owns what infrastructure
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Why it is good legislation?
1. No exemptions
2. Mandatory and firm dates
3. Duty to record completion of locate
4. All parties will be involved in enforcement
5. Good balance: all treated equally
6. Requirement to educate and advertise the Service
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The Ontario Underground Infrastructure Notification System Act 2012
LESSONS LEARNED
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Lessons Learned
1. Government Sponsored Bills are much easier
2. Do not underestimate how long its takes to design,
consult and negotiate on regulations, and their and
effect on your resources
• Aug 2012 – Oct 2013 almost 100% on Act
3. Have resources available to pay for legal advice to
help you get the legalities correct
• Gov’t has infinite resources
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Lessons Learned
4. Try to avoid being the Regulator
5. Manage expectations from all stakeholders from
start
6. Have a good understanding of all parties that will be
covered prior to tabling legislation
7. “Be careful what you wish for” when asking govt. for
a law
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Lessons Learned
8. Probably impossible to be given a One Call
monopoly for your province unless the corporation is
an NFP or changes to NFP status – which is not trivial
in its effects.
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Questions?
ON1Call transition to NFP status
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