Bill 257 Royal Assent (PDF)
EXPLANATORY NOTE
This Explanatory Note was written as a
reader’s aid to Bill 257 and does not form part of the law.
Bill 257 has been enacted as Chapter 2 of the Statutes of Ontario, 2021.
Schedule
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Building Broadband Faster Act, 2021
The Schedule enacts the Building Broadband Faster Act, 2021. The purpose of the Act is to expedite the delivery of broadband projects of provincial significance. The Act applies with respect to broadband projects that are designated by regulation.
Provisions are made to require co-operation from electricity distributors and transmitters to complete work that is necessary for the deployment of a project. The Minister may give a distributor or transmitter a notice requiring the completion of work. A notice may be given only if the Minister has determined that the distributor or transmitter has not met a prescribed requirement relating to when something must be done. The proponent of the project and the distributor or transmitter are required to enter into negotiations to co-ordinate the work. Provision is made for the apportionment of costs of the work. If the distributor or transmitter fails to complete the work the Minister may order them to do so or may authorize the proponent to carry out the work. A distributor or transmitter who fails to complete the work is also required to compensate the proponent.
Provisions are made for requiring municipal service and right of way access. The Minister may give a municipality a notice of what the Minister has determined is required. The proponent of the project and the municipality are required to enter into negotiations to agree on terms. If terms cannot be agreed upon, the Minister may make a municipal service and right of way access order. A municipality is required to compensate the proponent if the municipality fails to negotiate as required or fails to comply with a municipal service and right of way access order. If a municipality fails to comply with a municipal service and right of way access order the Minister may authorize a person to do the work required under the order and the municipality is required to compensate the Minister for related costs incurred by the Minister.
Provisions are made relating to notifications requiring the location of underground infrastructure under the Ontario Underground Infrastructure Notification System Act, 2012 for a proposed excavation or dig that relates to a broadband project. The required work must be done within 10 business days. The proponent of a project may claim compensation for prescribed losses or expenses if the required work is not done properly.
Provisions providing for the following are also included:
1. The delegation of certain functions to the Ontario Infrastructure and Lands Corporation.
2. Administrative penalties.
3. The preclusion of certain causes of action.
4. Consequential amendments to other Acts.
Schedule
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Ontario Energy Board Act, 1998
The Schedule amends the Ontario Energy Board Act, 1998.
Notably, the Act is amended by adding a new Part VI.1 (Electricity Infrastructure). The Part applies with respect to the development of, use of or access to electricity infrastructure that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, if the development, use or access is specified by regulations made under the Part. The term “electricity infrastructure” is defined in section 104.1 of the Part. Section 104.5 identifies new objectives of the Ontario Energy Board in relation to its powers and duties under the Part.
The new Part VI.1 consists primarily of a broad regulation-making authority to identify and govern the electricity infrastructure development, use and access to which it applies, in section 104.3. In addition, section 104.4 provides discretion for the Minister of Energy, Northern Development and Mines to compensate, in accordance with the regulations, transmitters, distributors and any other persons licensed under Part V of the Act that may be specified by the regulations for any lost revenue arising from the application of the Part. Such compensation would be paid out of money appropriated by the Legislature for the purpose. Complementary amendments are made to section 42 of the Electricity Act, 1998.
Other amendments made to the Ontario Energy Board Act, 1998 include the following:
1. Amendments to sections 71 and 88 of the Act to expressly provide that the restriction on transmitter and distributor business activities in subsection 71 (1) of the Act is subject to regulations that may provide otherwise.
2. A new subsection 78 (5.0.0.1) of the Act, which provides that specified payments that transmitters and distributors may be required to make under the Building Broadband Faster Act, 2021, set out in Schedule 1 to the Bill, shall not be considered by the Ontario Energy Board in its setting of electricity rates.
Finally, a number of housekeeping amendments are made to the Ontario Energy Board Act, 1998, such as repealing the definition of “designated consumer” in section 56 since the term is no longer used in the Act. A consequential amendment is made to the Private Hospitals Act.
Schedule
3
Planning Act
The Planning Act is amended to provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1). However, any part of such an order that applies to land in the Greenbelt Area is and always has been required to be consistent with a policy statement issued under subsection 3 (1).
Bill 257 2021
An Act to enact the Building Broadband Faster Act, 2021 and to make other amendments in respect of infrastructure and land use planning matters
CONTENTS
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Contents of this Act |
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Commencement |
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Short title |
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Building Broadband Faster Act, 2021 |
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Ontario Energy Board Act, 1998 |
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Planning Act |
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of this Act
1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
(2) The Schedules to this Act come into force as provided in each Schedule.
(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3 The short title of this Act is the Supporting Broadband and Infrastructure Expansion Act, 2021.
Schedule 1
Building Broadband Faster Act, 2021
CONTENTS
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Purpose |
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Definitions |
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Application |
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Notice to distributor and transmitter |
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Co-ordination |
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Timelines |
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Application for additional time |
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Apportionment of costs |
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Minister’s order or authorization |
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Compensation |
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Need for municipal service and right of way access |
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Notice that municipal service and right of way access required |
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Contents of notice |
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Negotiation |
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If negotiation fails |
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Municipal service and right of way access order |
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Revising or cancelling order |
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Compensation |
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Authorization to do municipality’s work |
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Enforcement through court |
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Location of underground infrastructure |
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Delegation to OILC |
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Ministerial directives |
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Administrative penalties |
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Serving a document |
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No cause of action |
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Regulations |
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Amendments in respect of Bill 245 — Accelerating Access to Justice Act, 2021 |
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Amendments to Ontario Infrastructure and Lands Corporation Act, 2011 |
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Amendment to Ontario Underground Infrastructure Notification System Act, 2012 |
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Commencement |
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Short title |
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Purpose of the Act
Purpose
1 The purpose of the Act is to expedite the delivery of broadband projects of provincial significance by removing barriers and streamlining processes related to infrastructure that may result in delays to the timely completion of these broadband projects, while enhancing co-ordination and engagement with and being fair to public and private sector stakeholders.
Definitions
Definitions
2 In this Act,
“actual cost” means the prescribed costs; (“coût réel”)
“broadband project” means a project that deploys, or supports the deployment of, broadband infrastructure; (“projet d’Internet à haut débit”)
“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”)
“designated broadband project” means a broadband project that is designated under the regulations for the purposes of this Act; (“projet désigné d’Internet à haut débit”)
“distributor” has the same meaning as in the Ontario Energy Board Act, 1998; (“distributeur”)
“Minister” means the Minister of Infrastructure or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)
“municipal service and right of way access” means municipal service and right of way access referred to in section 11; (“accès aux services municipaux et par droit de passage”)
“municipal service and right of way access order” means a municipal service and right of way access order made under section 16; (“arrêté d’accès aux services municipaux et par droit de passage”)
“OILC” means the Ontario Infrastructure and Lands Corporation; (“Société”)
“prescribed” means prescribed by regulation; (“prescrit”)
“proponent” means a person who carries out or proposes to carry out or is the owner or person having charge, management or control of a project; (“promoteur”)
“regulation” means a regulation under this Act; (“règlement”)
“transmitter” has the same meaning as in the Ontario Energy Board Act, 1998. (“transporteur”)
Application of the Act
Application
3 This Act applies with respect to designated broadband projects.
Distributor or Transmitter Co-operation
Notice to distributor and transmitter
4 (1) The Minister may by notice require a distributor or transmitter to complete work if,
(a) in the opinion of the Minister, the work is necessary for the deployment of a designated broadband project;
(b) the Minister has determined that the distributor or transmitter has not met a requirement under the Ontario Energy Board Act, 1998 or this Act with respect to when something must be done; and
(c) the requirement is prescribed by regulation under this Act for the purposes of this subsection.
Form and service
(2) The notice must be in writing and must be served personally, by registered mail or by email.
Deemed receipt
(3) A notice sent by email is deemed to have been received on the first business day after the day it was sent, unless the distributor or transmitter establishes that it, acting in good faith, did not receive the notice or received it on a later date because of a reason beyond its control, including absence, accident, disability or illness.
Co-ordination
5 After the distributor or transmitter receives the notice, the proponent of the designated broadband project and the distributor or transmitter shall enter reasonably promptly into negotiations to co-ordinate the work required by the notice.
Timelines
6 The notice shall specify the date by which the notice must be complied with and the date shall be the date agreed on by the proponent and the distributor or transmitter, or, in default of agreement, shall be at least 60 days after the notice is served.
Application for additional time
7 (1) The distributor or transmitter may apply to a judge of the Superior Court of Justice for an order altering the date specified in the notice to a later date.
Notice
(2) The distributor or transmitter shall give the proponent such notice of the application as a judge of the Superior Court of Justice directs.
Test and order
(3) If the judge finds that the physical, technical or other difficulties in complying with the notice require additional time, the judge may make whatever order is appropriate.
Apportionment of costs
8 (1) The proponent and the distributor or transmitter may agree on the apportionment of the actual cost of the work.
If no agreement
(2) If no agreement is reached, the actual cost of the work shall be apportioned in accordance with,
(a) the prescribed rules; or
(b) such requirements under the Ontario Energy Board Act, 1998 as are prescribed for the purposes of this clause.
Minister’s order or authorization
9 (1) If a distributor or transmitter fails to comply with a notice under section 4 or an order under section 7, the Minister may, on an application made by the proponent,
(a) order the distributor or transmitter to comply; or
(b) authorize the proponent to carry out the work described in the notice.
Enforcement through court
(2) An order under clause (1) (a) may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.
Requirements if proponent carries out work
(3) A proponent who carries out work as authorized under clause (1) (b) shall carry out the work in accordance with the prescribed requirements.
Compensation
10 (1) A distributor or transmitter shall compensate the proponent for a loss or expense incurred because the distributor or transmitter failed to comply with a notice under section 4 or an order under section 7.
Agreement as to compensation
(2) The proponent and the distributor or transmitter may agree upon the compensation.
If no agreement
(3) If no agreement is reached, a claim for compensation under this section shall be determined by the Local Planning Appeal Tribunal on application by the proponent.
Amounts not compensable
(4) The compensation that the proponent is entitled to under subsection (1) does not include the actual cost of the work apportioned to the proponent under section 8.
Municipal Service and Right of Way Access
Need for municipal service and right of way access
11 The Minister may determine that,
(a) the construction of a designated broadband project requires municipal service and right of way access in the form of the use, occupation, modification or temporary closure of a municipal highway, a municipal right of way or real property or an interest in real property that is under municipal ownership or control; or
(b) the construction or operation of a designated broadband project requires municipal service and right of way access in the form of the use of, access to or modification of,
(i) a municipal highway, a municipal right of way or real property or an interest in real property that is under municipal ownership or control,
(ii) infrastructure that is under municipal ownership or control, and
(iii) municipal services related to that infrastructure.
Notice that municipal service and right of way access required
12 The Minister may notify a municipality that municipal service and right of way access is required.
Contents of notice
13 The notice shall be in writing and include the following information:
1. The particulars of what municipal service and right of way access is required.
2. The date that the municipal service and right of way access is required by.
Negotiation
14 After the municipality receives the notice, the proponent of the designated broadband project and the municipality shall enter reasonably promptly into negotiations to agree on terms for the municipal service and right of way access.
If negotiation fails
15 If, in the Minister’s opinion, the proponent and the municipality will not be able to agree on terms for the municipal service and right of way access even though the proponent made reasonable efforts to reach an agreement, the Minister may at any time develop a municipal service and right of way access order as follows:
1. The Minister shall consult with the proponent and the municipality.
2. The consultation shall occur in the manner that, in the Minister’s opinion, is appropriate.
3. The Minister may require the proponent and the municipality to produce information that, in the Minister’s opinion, the Minister requires to develop the order.
4. The Minister may obtain technical or other advice on the development of the municipal service and right of way access order.
Municipal service and right of way access order
16 (1) The Minister may make a municipal service and right of way access order developed under section 15 requiring the municipal service and right of way access, and the proponent and the municipality shall comply with it.
Terms
(2) The order may require the municipality to provide the municipal service and right of way access set out in the order, and set terms governing the proponent and the municipality in respect of the municipal service and right of way access, which may include the following:
1. Implementation of adequate measures to mitigate the impact on the public of the municipal service and right of way access. As an option, the measures may include notification to the municipality and the public of matters concerning the municipal service and right of way access.
2. Provision of resources and compensation to address the impact on the municipality of the municipal service and right of way access.
3. Measures to address potential municipal liability arising from the municipal service and right of way access.
4. Technical standards that must be met to support the municipal service and right of way access.
5. Dispute resolution provisions.
6. Other terms.
Revising or cancelling order
17 (1) The Minister may determine that a municipal service and right of way access order needs to be revised or cancelled.
Notice that revising or cancelling required
(2) If the Minister determines that the order needs to be revised or cancelled, the Minister shall notify the proponent and the municipality.
Contents
(3) The notice shall be in writing and shall include the following information:
1. The particulars of why the order needs to be revised or cancelled, and if revision is required, what sort of revision is required.
2. The date that the revision or cancellation is to take effect.
Negotiation, development and terms
(4) Sections 14 to 16 apply, with necessary modifications, to the revision or cancellation of the order.
Compensation
18 (1) A municipality shall compensate the proponent for a loss or expense incurred because the municipality failed to comply with section 14 or with a municipal service and right of way access order.
Agreement as to compensation
(2) The proponent and the municipality may agree upon the compensation.
If no agreement
(3) If no agreement is reached, the Minister shall offer non-binding mediation to the proponent and the municipality.
If mediation unsuccessful
(4) If mediation does not occur or is unsuccessful, a claim for compensation under this section shall be determined by the Local Planning Appeal Tribunal on application by the proponent.
Amounts not compensable
(5) The compensation that the proponent is entitled to under subsection (1) does not include costs apportioned to the proponent under the municipal service and right of way access order.
Authorization to do municipality’s work
19 (1) If a municipality fails to comply with a municipal service and right of way access order, the Minister may authorize a person to do the work the municipality was required to do under the order.
Compensation
(2) The municipality shall compensate the Minister for the costs incurred by the Minister relating to the authorization of a person under subsection (1).
Agreement as to compensation
(3) The Minister and the municipality may agree upon the compensation.
If no agreement
(4) If no agreement is reached, a claim for compensation under subsection (2) shall be determined by the Local Planning Appeal Tribunal on application by the Minister.
Amounts not compensable
(5) The compensation that the Minister is entitled to under subsection (2) does not include costs apportioned to the proponent under the municipal service and right of way access order.
Enforcement through court
20 A municipal service and right of way access order may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.
Location of Underground Infrastructure
Location of underground infrastructure
21 (1) This section applies with respect to a notification described in subsection 6 (4) of the Ontario Underground Infrastructure Notification System Act, 2012 about a proposed excavation or dig that relates to a designated broadband project.
Work to be done within 10 days
(2) The member of Ontario One Call who received the notification shall do the work required under subsection 6 (1) of the Ontario Underground Infrastructure Notification System Act, 2012 within 10 business days after the day the member received the notification.
Compensation
(3) A proponent of a designated broadband project may claim compensation from a member of Ontario One Call for a prescribed loss or expense incurred because the member,
(a) failed to accurately mark on the ground the location of its underground infrastructure and provide a written document containing information respecting the location of the underground infrastructure; or
(b) incorrectly stated that none of its underground infrastructure will be affected by the excavation or dig.
Agreement as to compensation
(4) The proponent and the member of Ontario One Call may agree upon the compensation.
If no agreement
(5) If no agreement is reached, a claim for compensation under subsection (3) shall be determined by the Local Planning Appeal Tribunal on application by the proponent.
Ontario Infrastructure and Lands Corporation
Delegation to OILC
22 (1) The Minister may delegate the Minister’s functions under this Act in whole or in part to the OILC, subject to any conditions and restrictions set out in the delegation.
Exceptions
(2) Subsection (1) does not apply to the following functions:
1. The Minister’s authority to make and approve regulations.
2. The Minister’s authority to issue directives.
3. The Minister’s authority to make an order under clause 9 (1) (a) or authorize a proponent of a designated broadband project to carry out work under clause 9 (1) (b).
4. The Minister’s authority to develop, make, revise or cancel a municipal service and right of way access order.
5. The Minister’s authority to impose administrative penalties.
Ministerial directives
23 (1) The Minister may issue directives in writing to the OILC in respect of any matter under this Act.
Implementation
(2) The OILC’s board of directors shall ensure the directives to the OILC are implemented promptly and efficiently.
Directive not a regulation
(3) A directive is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.
Administrative Penalties
Administrative penalties
Purpose
24 (1) The purpose of an administrative penalty imposed under this section is,
(a) to ensure compliance with prescribed provisions of this Act and the regulations and with orders of the Minister under clause 9 (1) (a); or
(b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening the prescribed provisions.
Order imposing administrative penalties
(2) If the Minister is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations or an order of the Minister under clause 9 (1) (a), the Minister may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.
Maximum administrative penalty
(3) An administrative penalty shall not exceed a maximum of $500,000 or such lesser amount as may be prescribed.
Administrative penalty may be imposed with other measures
(4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction.
Limitation
(5) An administrative penalty may only be imposed within the prescribed time period.
No right to be heard
(6) There is no right to be heard before an order imposing an administrative penalty is made.
Right to review
(7) A person who receives an order imposing an administrative penalty may request a prescribed individual to review the order by applying to the prescribed individual for a review in a form approved by the Minister,
(a) within a prescribed number of days after the order is served; or
(b) within a longer period specified by the prescribed individual, if the prescribed individual considers it appropriate in the circumstances to extend the time for applying.
If no review requested
(8) If a person who has received an order imposing an administrative penalty does not apply for a review under subsection (7), the person shall pay the penalty within 30 days after the day the order was served.
If review requested
(9) If a person who has received an order imposing an administrative penalty applies for a review under subsection (7), the prescribed individual shall conduct the review in accordance with the regulations.
Stay of order
(10) A review commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of.
Prescribed individual’s decision
(11) On a review, the prescribed individual may,
(a) find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty or did not contravene the order of the Minister under clause 9 (1) (a) specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty;
(b) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty or did contravene the order of the Minister under clause 9 (1) (a) specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or
(c) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty or did contravene the order of the Minister under clause 9 (1) (a) specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and in that case the prescribed individual shall amend the order imposing the administrative penalty by reducing the amount of the penalty.
Decision final
(12) The prescribed individual’s decision is final.
Payment after review
(13) If the prescribed individual finds under clause (11) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty or has contravened the order of the Minister under clause 9 (1) (a) specified in the order imposing the administrative penalty, the person shall pay the penalty required by the prescribed individual within 30 days after the day the decision was made.
Enforcement of administrative penalty
(14) If the person fails to pay the administrative penalty within the time required, the order imposing the administrative penalty or the prescribed individual’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.
Postjudgment interest
(15) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (14) and the date on which the order or decision is filed under subsection (14) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.
Miscellaneous
Serving a document
25 (1) Except as otherwise provided under this Act, a notice, order or document that is required to be given or served on a person under this Act is sufficiently given or served if it is,
(a) delivered directly to the person;
(b) sent by registered mail to the person’s last known address;
(c) sent by email to the person’s last known email address; or
(d) given by other means specified by the regulations.
Deemed receipt
(2) Subject to subsection (3),
(a) a document sent under clause (1) (c) is deemed to have been received on the first business day after the day it was sent; and
(b) a document sent under clause (1) (d) is deemed to have been received on the day specified by the regulations.
Failure to receive document
(3) Subsection (2) does not apply if the person establishes that they, acting in good faith, did not receive the document or received it on a later date because of a reason beyond their control, including absence, accident, disability or illness.
No cause of action
26 (1) No cause of action arises against the persons or entities described in subsection (2) as a direct or indirect result of,
(a) the enactment, amendment or repeal of any provision of this Act;
(b) the making, amending or revoking of any provision of a regulation;
(c) the making, revising or cancelling of any term of an order under clause 9 (1) (a);
(d) the making, revising or cancelling of any term of an authorization, under clause 9 (1) (b), for a proponent to carry out work; or
(e) the making, revising or cancelling of any term of a municipal service and right of way access order.
Persons or entities
(2) The persons and entities referred to in subsection (1) are,
(a) the Crown, any current or former member of the Executive Council and any current or former employee or agent of or adviser to the Crown; and
(b) the OILC, any current or former director of the OILC and any current or former employee, officer or agent of or adviser to the OILC.
Exception — judicial review
(3) Subsection (1) does not apply to prevent an application for judicial review.
Proceedings barred
(4) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, and any remedy under any statute, that is based on a cause of action described in subsection (1) may be brought or maintained against the persons or entities described in subsection (2).
Application of subs. (4)
(5) Subsection (4) applies to any proceeding, including any court, administrative or arbitral proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada.
No expropriation or injurious affection
(6) Nothing done or not done in accordance with this Act, the regulations or a municipal service and right of way access order constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Not entitled to be compensated
(7) Despite any other Act or law, no person is entitled to compensation, other than compensation under this Act, for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection (1).
Regulations
LGIC
27 (1) The Lieutenant Governor in Council may make regulations,
(a) designating a broadband project for the purposes of this Act;
(b) governing administrative penalties that may be imposed under section 24, and, without limiting the foregoing, may make regulations,
(i) prescribing provisions of this Act and of the regulations for the purpose of subsection 24 (2), except for sections 11 to 20 or regulations in respect of those provisions,
(ii) prescribing individuals for the purpose of subsection 24 (7),
(iii) prescribing the amount of a penalty, or a method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria,
(iv) authorizing the Minister to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection 24 (2), including prescribing that the criteria may include aggravating or mitigating factors,
(v) authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues,
(vi) authorizing higher penalties for a second or subsequent contravention or failure to comply,
(vii) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Minister to approve a plan of periodic payments that extends beyond the deadline,
(viii) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes,
(ix) prescribing a lesser maximum penalty and the provisions of this Act or the regulations to which the lesser maximum penalty applies,
(x) prescribing and governing procedures for making and serving an order under section 24, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario,
(xi) governing the review of an order under subsection 24 (7), including,
(A) establishing procedures for commencing and conducting a review,
(B) establishing time limits for the stages of a review and authorizing the person prescribed under subclause (ii) to extend any time limit,
(C) prescribing that the review must or may be conducted orally, electronically or in writing or authorizing the person prescribed under subclause (ii) to make that determination, and
(D) establishing criteria to be considered and criteria not to be considered by the person prescribed under subclause (ii) when determining what decision to make,
(xii) prescribing the form and content of orders under section 24,
(xiii) prescribing circumstances in which a person is not required to pay an administrative penalty,
(xiv) providing that an administrative penalty is payable to a prescribed person rather than to the Minister of Finance, and is a debt due to the person to whom it is payable,
(xv) providing for other matters to carry out the purpose of section 24.
Minister
(2) The Minister may make regulations,
(a) governing anything that, in this Act, is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations, or as authorized, specified or provided for in the regulations, except for anything with respect to administrative penalties;
(b) clarifying the meaning of any term or phrase used in this Act that is not defined in this Act;
(c) exempting an entity from a provision of this Act and setting conditions for the exemption;
(d) providing for other matters to carry out the purpose of this Act.
Adoption of documents in regulations
(3) A regulation made under subsection (2) may adopt by reference, in whole or in part, with such changes as the Minister considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.
Rolling incorporation by reference
(4) The power to adopt by reference and require compliance with a document in subsection (3) includes the power to adopt a document as it may be amended from time to time.
Publication
(5) The OILC shall publish documents adopted under subsection (3) on the OILC’s website and shall make them publicly available in any other manner the OILC considers advisable.
Amendments, Commencement and Short Title
Amendments in respect of Bill 245 — Accelerating Access to Justice Act, 2021
28 (1) This section only applies if Bill 245 (Accelerating Access to Justice Act, 2021), introduced on February 16, 2021, receives Royal Assent.
(2) References in this section to provisions of Bill 245 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day subsection 10 (3) of this Schedule comes into force and the day section 2 of Schedule 6 to Bill 245 comes into force, subsection 10 (3) of this Schedule is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.
(4) On the later of the day subsection 18 (4) of this Schedule comes into force and the day section 2 of Schedule 6 to Bill 245 comes into force, subsection 18 (4) of this Schedule is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.
(5) On the later of the day subsection 19 (4) of this Schedule comes into force and the day section 2 of Schedule 6 to Bill 245 comes into force, subsection 19 (4) of this Schedule is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.
(6) On the later of the day subsection 21 (5) of this Schedule comes into force and the day section 2 of Schedule 6 to Bill 245 comes into force, subsection 21 (5) of this Schedule is amended by striking out “Local Planning Appeal Tribunal” and substituting “Ontario Land Tribunal”.
Amendments to Ontario Infrastructure and Lands Corporation Act, 2011
29 (1) Paragraph 4 of subsection 4 (1) of the Ontario Infrastructure and Lands Corporation Act, 2011 is amended by adding “or the Building Broadband Faster Act, 2021” at the end.
(2) Subsection 12 (2) of the Act is amended by adding “or the Building Broadband Faster Act, 2021” at the end.
Amendment to Ontario Underground Infrastructure Notification System Act, 2012
30 Section 6 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by adding the following subsection:
Exception
(4) Despite subsections (2) and (3), if the notification received under subsection (1) indicates that it is related to a broadband project designated under the Building Broadband Faster Act, 2021, the member shall do the things required by subsection (1) within 10 business days of the day the member receives notification about the proposed excavation or dig.
Commencement
31 The Act set out in this Schedule comes into force on the day the Supporting Broadband and Infrastructure Expansion Act, 2021 receives Royal Assent.
Short title
32 The short title of the Act set out in this Schedule is the Building Broadband Faster Act, 2021.
Schedule 2
Ontario Energy Board Act, 1998
1 Subsection 21 (2) of the Ontario Energy Board Act, 1998 is amended by striking out “in this or any other Act” and substituting “under this or any other Act”.
2 Section 51 of the Act is amended by adding the following subsection:
Regulations
(3) The Lieutenant Governor in Council may make regulations prescribing the time or times at which a licence is to be renewed for the purposes of subsection (2).
3 The definition of “designated consumer” in section 56 of the Act is repealed.
4 (1) Subsection 71 (1) of the Act is amended by striking out “Subject to subsection 70 (9) and subsection (2) of this section, a transmitter” at the beginning and substituting “Except as provided by this section or the regulations, and subject to subsection 70 (9), a transmitter”.
(2) Subsection 71 (3) of the Act is amended by striking out “Despite subsection (1), a distributor” at the beginning and substituting “A distributor”.
(3) Subsection 71 (4) of the Act is amended by striking out “Despite subsection (1) the Board” at the beginning and substituting “The Board”.
5 (1) Section 78 of the Act is amended by adding the following subsection:
Same, prescribed payments under Building Broadband Faster Act, 2021
(5.0.0.1) In approving or fixing just and reasonable rates for the transmission or distribution of electricity, the Board shall not include any of the following amounts or classes of amounts payable by a transmitter or distributor under the Building Broadband Faster Act, 2021:
1. An administrative penalty payable by a transmitter or distributor under section 24 of that Act, unless permitted by the regulations.
2. Any other class of amounts specified by the regulations.
(2) Subsection 78 (6.6) of the Act is repealed.
6 (1) Clause 88 (1) (a.0.1) of the Act is repealed.
(2) Subsection 88 (1) of the Act is amended by adding the following clauses:
(g.3) for the purposes of subsection 71 (1), providing for circumstances in which a transmitter or distributor may carry on a business activity other than transmitting or distributing electricity other than through one or more affiliates, subject to any conditions or restrictions specified by the regulations;
. . . . .
(g.9) for the purposes of subsection 78 (5),
(i) permitting the Board to consider including any or all of the classes of amounts referred to in paragraphs 1 and 2 of that subsection or any part of them, as specified by the regulations, when approving or fixing just and reasonable rates under subsection 78 (3), and
(ii) specifying classes of amounts for the purposes of paragraph 3 of subsection 78 (5);
(g.10) for the purposes of subsection 78 (5.0.0.1),
(i) permitting the Board to consider including any or all administrative penalties referred to in paragraph 1 of that subsection or any part of them, as specified by the regulations, when approving or fixing just and reasonable rates under subsection 78 (3), and
(ii) specifying classes of amounts for the purposes of paragraph 2 of subsection 78 (5.0.0.1);
(3) Section 88 of the Act is amended by adding the following subsection:
Subdelegation
(1.2) A regulation made under clause (1) (g.9) or (g.10) may authorize the Board to determine a matter that may be prescribed by the Lieutenant Governor in Council under that clause.
7 The Act is amended by adding the following Part:
Part
VI.1
Electricity Infrastructure
Definitions
104.1 In this Part,
“development” includes the expansion or reinforcement of existing electricity infrastructure; (“aménagement”)
“electricity infrastructure” means a distribution system, a transmission system and any related structure, system, equipment, facility or other thing that may be prescribed by the regulations. (“infrastructure de l’électricité”)
Application
104.2 This Part applies with respect to,
(a) prescribed uses of or access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, by persons or entities prescribed by the regulations; and
(b) prescribed development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity.
Regulations
104.3 (1) The Lieutenant Governor in Council may make regulations governing the development of, use of or access to electricity infrastructure for the purposes of this Part, including,
(a) for the purposes of section 104.2 and the application of this Part,
(i) specifying or otherwise determining uses of and access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, anticipated or otherwise prospective uses and access,
(ii) specifying or otherwise determining development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, in relation to anticipated or otherwise prospective uses or access, and
(iii) prescribing persons and entities;
(b) prescribing powers and duties of the Board in relation to the development of, use of and access to electricity infrastructure to which this Part applies, and governing the exercise of those powers and performance of those duties;
(c) requiring the Board to amend conditions in licences issued under Part V to a transmitter, distributor or other prescribed person respecting the development of, use of or access to electricity infrastructure to which this Part applies, and specifying and governing the conditions;
(d) governing charges or costs for the development of, use of or access to electricity infrastructure to which this Part applies and governing the amounts of the charges or costs, including fixing the amounts, setting maximum or minimum amounts or prescribing methods or techniques for determining amounts or maximum or minimum amounts;
(e) requiring a transmitter, distributor or other prescribed person licensed under Part V to make arrangements with other parties or take any other steps, including entering into contracts, in relation to charges or costs referred to in clause (d) or otherwise in relation to the development of, use of or access to electricity infrastructure to which this Part applies;
(f) specifying provisions that must be included in contracts or other arrangements entered into by a transmitter, distributor or other prescribed person licensed under Part V in relation to the development of, use of or access to electricity infrastructure to which this Part applies, whether those contracts or other arrangements are required by regulations made under clause (e) or otherwise;
(g) specifying, with respect to a matter relating to the development of, use of or access to electricity infrastructure to which this Part applies, whether the Board is to hold a hearing, the circumstances under which a hearing may or may not be held and, if a hearing is to be held, the type of hearing to be held;
(h) requiring or directing the Board to require a transmitter, distributor or other prescribed person licensed under Part V to develop any specified aspect of its electricity infrastructure to which this Part applies, in a specified time and manner;
(i) governing the preparation or implementation of capital plans respecting the development of, use of or access to electricity infrastructure to which this Part applies by a transmitter, distributor or other prescribed person licensed under Part V, including,
(i) requiring or directing the Board to require the preparation or implementation of such capital plans, and
(ii) determining or directing the Board to determine requirements that the capital plans must meet, including that they contain specified information or be prepared or implemented by a specified time or in a specified manner;
(j) governing performance standards relating to the development of, use of or access to electricity infrastructure to which this Part applies, including establishing or directing the Board to establish such performance standards;
(k) governing the provision of information or reports respecting the development of, use of or access to electricity infrastructure to which this Part applies by a licensed transmitter or distributor or any other prescribed person, including,
(i) requiring or directing the Board to require the provision of such information or reports, and
(ii) determining or directing the Board to determine the information or reports that must be provided and the time and manner of the provision;
(l) for the purposes of the payment of compensation under section 104.4,
(i) governing amounts payable to a transmitter, distributor or other prescribed person licensed under Part V under that section, including prescribing methods or techniques for calculating or determining the amounts,
(ii) requiring the IESO to receive payments made by the Minister under that section and to make payments to a transmitter, distributor or other prescribed person licensed under Part V, and
(iii) requiring a transmitter, distributor or other prescribed person licensed under Part V to receive payments referred to in subclause (ii) or to participate in prescribed methods for receiving such payments;
(m) respecting anything that, in this Part, is described as being prescribed or that may or must be done by the regulations;
(n) providing that a provision of any other Part of this Act does not apply with respect to a matter to which this Part applies, or otherwise modifying the application of a provision of any other Part of the Act that applies with respect to a matter to which this Part applies;
(o) governing transitional matters arising from the enactment or application of this Part, including in relation to contracts or agreements respecting the development of, use of or access to electricity infrastructure that exist when this Part begins to apply to the development, use or access.
Licence conditions
(2) Regulations made under clause (1) (c) may provide for licence conditions pertaining to any matter respecting the development of, use of or access to electricity infrastructure to which this Part applies, including, for greater certainty, respecting matters prescribed under clauses (1) (d), (e), (f), (h), (i), (j), (k) and (l).
General or particular
(3) A regulation made under subsection (1) may be general or particular in its application, and may provide for different classes of development, use, access, electricity infrastructure, transmitters, distributors, other persons or entities or any other thing.
Retroactive
(4) A regulation made under subsection (1) is, if it so provides, effective with respect to a period before it is filed.
Adoption by reference
(5) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.
Publication
(6) Documents adopted in accordance with subsection (5) shall be published on the Board’s website and made publicly available in any other manner the Board considers advisable.
Conflict
(7) In the event of a conflict between a regulation made under subsection (1) and any other Part of this Act, the regulations, any other Act or regulation that is prescribed by the regulations, an order of the Board or a code issued under section 70.1, the regulation made under subsection (1) prevails to the extent of the conflict.
Operation unaffected
(8) For greater certainty, subject to clause (1) (n) and subsection (7), an Act, regulation or other instrument that applies with respect to the development of, use of or access to electricity infrastructure continues to apply with respect to the development of, use of and access to electricity infrastructure to which this Part applies.
Compensation
104.4 (1) The Minister may make payments of such amounts as may be determined by the regulations in order to compensate a transmitter, distributor or other prescribed person licensed under Part V for any lost revenue arising from the application of this Part or the regulations.
Same
(2) Compensation provided for under subsection (1) shall be paid for out of the money appropriated by the Legislature for the purposes of that subsection.
Board objectives, electricity infrastructure
104.5 The Board, in exercising powers and performing duties for the purposes of this Part, shall be guided by the following objectives, in addition to the other Board objectives set out in this Act:
1. To facilitate the efficient development of, use of and access to electricity infrastructure to which this Part applies.
2. Any other objective that may be prescribed by the regulations in relation to the development of, use of and access to electricity infrastructure to which this Part applies or any specified class of such development, use or access.
8 (1) Clause 127 (1) (j.1) of the Act is repealed.
(2) Subsection 127 (4.1) of the Act is amended by striking out “or (j.1)”.
9 Subsection 128.1 (1) of the Act is amended by striking out “sections 1 and 2” at the end and substituting “sections 1, 2, 2.1 and 104.5”.
Electricity Act, 1998
10 (1) Subsection 42 (2) of the Electricity Act, 1998 is amended by striking out “Subject to subsection (3)” at the beginning and substituting “Except as provided under this section”.
(2) Section 42 of the Act is amended by adding the following subsection:
Same
(5.1) Clause (1) (b) and subsection (5) are subject to Part VI.1 of the Ontario Energy Board Act, 1998.
Private Hospitals Act
11 Paragraph 16 of subsection 34 (1) of the Private Hospitals Act is repealed.
Commencement
12 (1) Subject to subsection (2), this Schedule comes into force on the day the Supporting Broadband and Infrastructure Expansion Act, 2021 receives Royal Assent.
(2) Sections 7, 9 and 10 come into force on a day to be named by proclamation of the Lieutenant Governor.
Schedule 3
Planning Act
1 Section 47 of the Planning Act is amended by adding the following subsections:
Non-application of s. 3 (5) (a)
(1.1) Clause 3 (5) (a) does not apply and is deemed never to have applied to an order made under clause (1) (a) of this section.
Greenbelt Area
(1.2) Despite subsection (1.1), clause 3 (5) (a) applies and always has applied to any part of an order made under clause (1) (a) of this section that applies to land in the Greenbelt Area.
Retroactive effect
(1.3) For greater certainty, subsection (1.1) applies to orders that were made under clause (1) (a) before the day the section 1 of Schedule 3 to the Supporting Broadband and Infrastructure Expansion Act, 2021 came into force and, for that purpose, references in subsections (1.1) and (1.2) to clauses (1) (a) and 3 (5) (a) include references to the predecessors of those clauses.
Commencement
2 This Schedule comes into force on the day the Supporting Broadband and Infrastructure Expansion Act, 2021 receives Royal Assent.