Following consultations with the industry, the Ministry of Public and Business Service Delivery and Procurement made a new regulation under the Ontario Underground Infrastructure Notification System Act, 2012 (the “Act”) that prescribes circumstances where digging may continue beyond the locate validity period without having to request a new locate.
If the dig site meets the circumstances set out in the regulation, the excavator may continue to dig up to a total of 180 days from the date that the last locate document was provided to them by the affected Underground Infrastructure Owner (UIO). This time period would include the initial minimum 60-day locate validity period.
The regulation will come into force on November 1, 2026.
The regulation allows excavators to continue digging beyond locate expiry if certain circumstances are met. Use of this regulation is optional.
Background
What circumstances must be met in order to use this regulation?
The regulation will allow excavators to continue digging beyond the locate expiry without a re-locate if all circumstances prescribed under the regulation are met, including:
- The dig site does not contain any transmission infrastructure.
- Digging is happening at least 1 metre below the lowest identified underground infrastructure.
- The excavator continues to have care and control of the dig site.
- Between 10-15 days before the expiry of the locate validity period, the excavator must submit the following to Ontario One Call (OOC):
- a statement confirming the excavation meets the ongoing circumstances set out in the regulation
- two undertakings that:
- Affected UIOs will have access to the excavation site to perform on-site inspections on the structural integrity of their underground infrastructure; and
- The excavator will notify OOC if any regulatory circumstances no longer apply.
- The original locate documents and documentation from OOC confirming receipt of the excavator’s statement and undertakings as set out in the regulation are kept on the excavation site.
- The total duration of digging does not exceed 180 days from the date that the last locate document was provided to the excavator (including the minimum 60 day locate validity period).
Additional requirements apply when locates are shared.
In the coming months, OOC will provide additional educational resources to help stakeholders navigate the changes before they come into effect on November 1, 2026. If you have any questions about the regulatory changes, please contact DigSafety@OntarioOneCall.ca.
