A key thing to note is that Administrative Monetary Penalties (AMPs) will only be issued against utility companies and locate service providers for late locates when a formal complaint is lodged. It is, therefore, incredibly important to lodge these complaints at the following link:
https://on1call.i-sight.com/portal/reportonline?lang=en_US&theme=Ontario%201%20call
HIGHLIGHTS OF CHANGES EFFECTIVE MAY 1
LOCATE FEES
- As part of Bill 153, Building Infrastructure Safety Act, it is now legislated that there is no cost for the delivery of locates and relocates in Ontario.
TIMELINES
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Timelines for construction project locates have doubled to 10 business days under the definition of “large infrastructure projects” (below) or as One Call refers to them “Advanced Requests”:
- At least two properties or parts of properties, each having its own municipal address, or
- One or more properties or parts of properties, at least one of which has no municipal address.
- Single civic address locates will remain at 5 business days.
- There are no changes to emergency locate requests which will stay at 2 hours.
- One Call can file a complaint against the excavator if they file a request as “single-civic” instead of the “advanced request”.
- An advanced request can still be renegotiated but beyond the 10th day rather than the previous 5.
- The renegotiation must be agreed on by both sides in writing (e.g. if the excavator does not respond to the new date, it is not considered renegotiated). If the locate is not completed within 10 days, excavator can file a complaint with One Call and if it’s not resolved within 5 calendar days, it can be referred to an investigation.
COMPLAINTS/PENALTIES
- The Administrative Monetary Penalties (AMPs) are also coming into force as of May 1 and will be at the discretion of the assessor.
- The penalties are $300 for both single and advanced for a max of $10,000 per contravention (e.g. for each delayed locate). The $300 can be a daily penalty.
- Underground infrastructure owners would be the ones paying the penalty, because they cannot contract out their responsibilities under the Act. Funds collected through the penalties will go to improve One Call’s capacity.
- AMPs are not automatic because when One Call reviews the data, they do not know if an incomplete is due to 360 feedback not completed, if locate has been renegotiated, or if the locate was not completed. This is why it’s within the discretion of the assessor.
- Contractors need to lodge formal complaints when locates are late. The link where this can be done is referenced on page 1 of this document. It is understandable that there may be reservations in filing complaints but doing this means something, particularly in this new complaint driven enforcement system. Complaints will drive results and ensure there is accountability and tension in the system.
DEDICATED LOCATOR
- The Dedicated Locator (DL) model can be applied to excavations or digs where a project owner decides to use a DL or a project that satisfies the criteria prescribed by the Minister (this has not yet been created). Projects that meet both the definition of an “advanced request”, and DL project, must proceed as a DL project.
RCCAO will continue to engage with government on this important infrastructure file and will keep industry apprised of further changes.
