Bill 180 2011

An Act respecting Ontario One Call Ltd.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

   1.  In this Act,

"Corporation" means Ontario One Call Ltd.

Ontario One Call continued

   2.  (1)  The corporation known as Ontario One Call Ltd. or ON1Call is continued as a corporation without share capital.

Articles of incorporation revoked

   (2)  The articles of incorporation issued to constitute the Corporation continued under subsection (1) are revoked, but the revocation does not affect the rights or obligations of the Corporation or any by-law, resolution or appointment of the Corporation except to the extent that the by-law, resolution or appointment is inconsistent with this Act.

Cancellation of shares

   (3)  The shares of the Corporation that are issued and outstanding immediately before this section comes into force are cancelled when this section comes into force, and no amount is payable to any shareholder in respect of the cancelled shares.

Members

   (4)  On the day this Act comes into force, the members of Ontario One Call Ltd. shall be such persons who were members immediately before that day.

Board of directors

   (5)  The affairs of the Corporation shall be governed and managed by its board of directors.

Not a Crown agency

   (6)  The Corporation is not a Crown agency within the meaning of the Crown Agency Act.

Powers

   (7)  The Corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act. 

Objects

   3.  (1)  The following are the objects of the Corporation:

    1.  To operate a call centre to receive excavator and homeowner queries regarding the location of underground infrastructure within Ontario.

    2.  To identify for excavators and homeowners whether underground infrastructure is located in the vicinity of a proposed excavation or dig site.

    3.  To notify members of proposed excavations or digs that may affect underground infrastructure.

    4.  To raise public awareness of Ontario One Call Ltd. and the need for safe digging.

Non-profit corporation

   (2)  The business and affairs of the Corporation shall be carried on without the purpose of gain and any profits shall be used by the Corporation for the purpose of carrying out its objects.

No fee for query

   4.  (1)  The Corporation shall not charge a fee to any person making a query regarding the location of underground infrastructure.

Requirements and standards

   (2)  The Corporation shall ensure that the call centre's operations satisfy any requirements and standards set out in the regulations made under this Act.

Members

   5.  (1)  Within 12 months after the day this Act comes into force, the following persons and entities shall become members of the Corporation:

    1.  Every municipality in Ontario.

    2.  Hydro One Inc., as defined in the Electricity Act, 1998.

    3.  Ontario Power Generation Inc., as defined in the Electricity Act, 1998.

    4.  Every gas distributor and every gas transmitter, as those terms are defined in the Ontario Energy Board Act, 1998.

    5.  Every operator of a distribution system, as defined in the Electricity Act, 1998.

    6.  Every person or entity regulated under the Oil, Gas and Salt Resources Act.

    7.  Every person or entity that owns or operates a pipeline that is regulated under the Technical Standards and Safety Act, 2000.

    8.  Every person or entity that owns or operates underground infrastructure that crosses a public right of way.

Members to provide information

   (2)  Immediately upon a person or entity becoming a member of the Corporation, the person or entity shall provide such information to the Corporation as is necessary for the Corporation to identify the location of all underground infrastructure owned by the member.

Where infrastructure affected by dig

   6.  (1)  If a member of the Corporation receives a notification from the Corporation about a proposed excavation or dig in the vicinity of infrastructure owned by the member, the member shall, within five business days of being informed of the proposed excavation or dig,

  (a)  mark the location of the infrastructure; or

  (b)  indicate that its infrastructure will not be affected by the excavation or dig.

Exception

   (2)  A member is not required to do anything described in clause (1) (a) or (b) unless the excavation is reasonably expected to start within 30 working days of the day the member receives notification about the proposed excavation or dig.

Time limits

   (3)  The time limit set out in subsection (1) shall not apply and a different time limit shall apply,

  (a)  if the member and the excavator or homeowner agree to a different time limit; or

  (b)  the regulations set out a different time limit applicable to the circumstances.

Penalties

   7.  (1)  A person or entity who does not comply with section 5 or 6 of this Act is guilty of an offence and on conviction is liable to the fine set out in the regulations made under this Act.

Same

   (2)  A person who intentionally erases a mark indicating the location of underground infrastructure is guilty of an offence and on conviction is liable to the fine set out in the regulations made under this Act.

Regulations

   8.  The Lieutenant Governor in Council may make regulations,

  (a)  respecting the governance of the Corporation and the administration of this Act and the regulations;

  (b)  establishing requirements and standards regarding the call centre's operations;

   (c)  identifying persons or entities, in addition to those listed in subsection 5 (1), who are required to become members of the Corporation and specifying the date by which such persons or entities shall become members;

  (d)  respecting situations in which the time limit for locating and marking infrastructure is to be shorter or longer than the time limit described in subsection 6 (1), and specifying the shorter or longer time limits;

  (e)  specifying the fines to be paid for offences under this Act.

Commencement

   9.  This Act comes into force on the day it receives Royal Assent.

Short title

   10.  The short title of this Act is the Ontario One Call Act, 2011.

 

EXPLANATORY NOTE

The Bill enacts a new Act, the Ontario One Call Act, 2011.

Ontario One Call Ltd. is a corporation currently operating in Ontario. Ontario One Call Ltd. provides information to excavators and homeowners about the location of underground infrastructure. The Act continues the Corporation and sets out new requirements that must be met regarding the Corporation's membership and operations. The Act requires that the persons or entities specified in the Act become members of the Corporation and provide information to it. When a member of the Corporation receives information about a proposed excavation or dig, the member is required to mark the location of its underground infrastructure that is in the vicinity of the excavation or dig site, or indicate that its infrastructure will not be affected by the excavation or dig. The Act creates offences for failure to comply with the Act or regulations made under it.