RE: 23-MPBSD014– Proposed Legislative Amendments to the Ontario Underground Infrastructure Notification System Act, 2012 under the Building Infrastructure Safely Act, 2023

We find it difficult to offer fulsome commentary regarding the Bill’s proposal to remove the excavator recourse provision of the One Call Act that entitles excavators to compensation and recourse through the Ontario Land Tribunal against underground infrastructure owners and operators for failing to provide a locate within the legislated time limit. [...] The need for relocates should be eliminated once all utilities have been exposed and the general depth of excavation is one metre below the invert of the lowest utility. [...] The proposal represents an egregious step back for locate delivery in the province and makes Ontario’s locate delivery timelines, which are already one of the longest in North America at five business days, a significant impediment to getting shovels in the ground on critical infrastructure and housing projects. [...] 4) Reducing the Volume of Locate Requests One of the principles that industry has consistently been focused on is reducing the overall volume of locates in the system. [...] The need for relocates should be eliminated once all utilities have 2 been exposed and the general depth of excavation is one metre below the invert of the lowest utility.