1. 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 2

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

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

5. The Ontario Underground Infrastructure Notification System Act 2012 5 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. 6 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 The OUINS Act

7. 7 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 The OUINS Act

8. HOW THE ACT WILL OPERATE The Ontario Underground Infrastructure Notification System Act 2012 8

9. The Goals for the Excavator 9 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 10 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. 11 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 Who We Are

12. 12 Who We Are Members Board of Directors Executive Director OnboardingOperations Member Relations Subcontractors Admin Committees

13. WHY IS IT GOOD LEGISLATION? The Ontario Underground Infrastructure Notification System Act 2012 13

14. 14 1.Duty to the excavator to obtain locates but no duty on Infrastructure Owners to perform then in a specific time frame. 2.No Duty to advertise how to obtain locates or who owns what infrastructure Prior Ontario Legislation

15. 15 1.No exemptions 2.Mandatory and firm dates 3.Duty to record completion of locate 4.All parties will be involved in enforcement 5.Good balance: all treated equally 6.Requirement to educate and advertise the Service Why it is good legislation?

16. LESSONS LEARNED The Ontario Underground Infrastructure Notification System Act 2012 16

17. 17 1.Government Sponsored Bills are much easier 2.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 3.Have resources available to pay for legal advice to help you get the legalities correct Gov’t has infinite resources Lessons Learned

18. 18 4.Try to avoid being the Regulator 5.Manage expectations from all stakeholders from start 6.Have a good understanding of all parties that will be covered prior to tabling legislation 7.“Be careful what you wish for” when asking govt. for a law Lessons Learned

19. 19 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. Lessons Learned

20. Questions? ON1Call transition to NFP status20