On Wednesday, November 22, Minister of Public and Business Services Delivery (MPBSD), the Hon. Todd McCarthy introduced Bill 153, Building Infrastructure Safely Act, 2023,  which aims to improve the safety and efficiency of the Ontario "One Call" system.

The fact that the government is turning its attention to addressing issues with One Call and the locates system is a step in the right direction. OHBA has been engaged in communicating to the provincial government that the inability of One Call to meet locate timelines poses significant liabilities to construction deadlines, costs, and delivery of their own housing commitment of 1.5 million homes over the next decade.

One Call is mandated under the One Call Act to serve as a single point of contact for all underground infrastructure locate requests. Locates are written information and markings on the ground which identify underground infrastructure (e.g., gas, water and sewer lines). All owners and operators of underground infrastructure must become members of One Call. One Call's members include gas, electrical, telecommunication companies, and all municipalities that own or operate underground infrastructure in Ontario.

Ontario Newsroom: Ontario Helping Contain Costs of Building Roads and New Homes

Read Legislation: Bill 153, The Building Infrastructure Safely Act, 2023

Background On Proposed Changes

The government is proposing substantive changes to the operation of One Call in Bill 153, including:

1. Prohibiting infrastructure owners from charging excavators for locates.

2. Removing the excavator recourse provision that entitles excavators to seek recourse from infrastructure operators for late locates to the Ontario Land Tribunal for failing to provide a locate within the legislated time limit. Fines for late locates are going to be addressed by an administrative penalties system that comes into effect in Spring 2024.

OHBA Position

The OHBA remains encouraged by the announcement that proposes measures to forbid infrastructure operators from charging for locates. The long-standing industry practice of free-of-charge locates is critical for the construction sector to avoid spiralling costs and delays. The OHBA was highly engaged in communicating this to the government and is encouraged that the Ministry has listened to stakeholders about the importance of free-of-charge locates to keep unnecessary additional costs off home buyers.

What remains disappointing in this legislation is that there are no proposed changes to further improve the certainty of timing for locates to be completed. Delays in locate requests can often take unnecessarily long, thus slowing down construction activity across the residential construction sector as well as housing supportive infrastructure (roads, bridges, water and sanitary sewers, transit, etc.) at the time when it is needed the most.

The most important features of the One Call system are that it should be free-of-charge, accurate, and timely. All other proposed changes, legislative or regulatory should be focused on improving the timely service delivery of locates. The OHBA will be strongly advocating for the government to continue to engage the residential construction sector to find new and innovative ways to improve the One Call system.

Read OHBA Submission – RE: Consultation on a draft regulation proposal to specify large project locate requests under the Ontario Underground Infrastructure Notification System Act, 2012

Next Steps

The OHBA will continue to communicate its member's priorities and concerns to the government on the proposed legislative and regulatory changes coming from the Building Infrastructure Safely Act, 2023. OHBA will be preparing written submissions to respond to the Ontario Regulatory Registry postings (due by December 22, 2023) and requesting to appear at the public consultations to speak on the proposed changes from Bill 153.