Dear Stakeholders,
The Ministry of Public and Business Service Delivery and Procurement is considering changes to the Ontario Underground Infrastructure Notification System Act, 2012 (OUINSA) that would set out a new process that may be followed where there is no agreement between project owners and Underground Infrastructure Owners (UIOs) when selecting a Dedicated Locator Service Provider (DLSP).
The proposal is available on the Regulatory Registry for comment here. We encourage you to review it and provide your written feedback via the Regulatory Registry. Feedback is due by December 20.
Background
The OUINSA enables the use of a DLSP and defines the process requirements that must be followed when using this approach to complete locate requests. The use of this model is mandatory for designated broadband projects unless certain conditions are met. The Act enables the use of one pre-identified locator to deliver locates for all affected underground infrastructure needed to complete an excavation project. The Dedicated Locator (DL) model enables project owners to have greater control over when locates are delivered.
What does the legislation entail?
The proposed legislative changes set out a new process in instances where there is no agreement on which DLSP to use. Under the proposed amendments, upon receiving notice of a project owner’s intention to use the DL model, a UIO would have 10 business days to submit a request to Ontario One Call (OOC) seeking approval to instead complete their own locates.
OOC would be required to consider the UIO’s request based on the following factors:
- Safety concerns;
- The specialized nature of the affected member’s infrastructure;
- Any limitations regarding the affected member’s mapping information; and
- Any other factors that may be prescribed by the Minister.
OOC would have 15 business days to consider the UIO’s request and provide written notice of its decision to all parties. OOC’s determination would be final and there would be no right to appeal.
Click here to read the full proposal and provide feedback.
Why is this proposal being brought forward?
Providing flexibility when selecting a DLSP would enable UIOs and the project owner to achieve greater efficiencies when completing excavation projects.
These amendments are subject to government decision-making and, if passed, would take effect upon Royal Assent. If approved, OOC will provide guidance to support the industry in understanding these new requirements.
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As always, we are happy to support you. If you have any questions or feedback related to Ontario One Call, please send them via DL@OntarioOneCall.ca. Feedback related to the legislative proposal must be submitted through the Regulatory Registry.
We will continue to update you on any developments as they become available.
The Ontario One Call Team
