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Ontario Underground Infrastructure Notification System Act 2012

Ontario Underground Infrastructure Notification System Act 2012. 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. 7 Years. 2004 – 2010 Initial Lobbying phase Result:

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Ontario Underground Infrastructure Notification System Act 2012

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  1. Ontario Underground Infrastructure Notification System Act 2012

  2. 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

  3. 7 Years 2004 – 2010 Initial Lobbying phase Result: Government Created Voluntary Registration Campaign – partial success

  4. 7 Years 2011 – 2012 Traction and Passage phase Result: Passage of Private Members Bill 8 Ontario Underground Infrastructure Notification System Act 2012

  5. 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

  6. 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

  7. 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

  8. The Ontario Underground Infrastructure Notification System Act 2012 How the Act will operate

  9. 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

  10. 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

  11. 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

  12. Who We Are

  13. The Ontario Underground Infrastructure Notification System Act 2012 Why is it Good legislation?

  14. Prior Ontario Legislation Duty to the excavator to obtain locates but no duty on Infrastructure Owners to perform then in a specific time frame. No Duty to advertise how to obtain locates or who owns what infrastructure

  15. Why it is good legislation? No exemptions Mandatory and firm dates Duty to record completion of locate All parties will be involved in enforcement Good balance: all treated equally Requirement to educate and advertise the Service

  16. The Ontario Underground Infrastructure Notification System Act 2012 Lessons Learned

  17. Lessons Learned • Government Sponsored Bills are much easier • 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 • Have resources available to pay for legal advice to help you get the legalities correct • Gov’t has infinite resources

  18. Lessons Learned Try to avoid being the Regulator Manage expectations from all stakeholders from start Have a good understanding of all parties that will be covered prior to tabling legislation “Be careful what you wish for” when asking govt. for a law

  19. 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.

  20. Questions? ON1Call transition to NFP status

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