jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
2 In this Act, “actual cost” means the prescribed costs; (“coût réel”) “Broadband One Window platform” means the digital platform maintained on behalf of the Minister to support the design, procurement, construction and management of designated broadband projects; (“plateforme Broadband One Window”) “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”) “dedicated locator” has the same meaning as in the Ontario Underground Infrastructure Notification System Act, 2012; (“localisateur unique”) “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 broadband project; (“promoteur”) “regulation” means a regulation under this Act; (“règlement”) “transmitter” has the same meaning as in the Ontario Energy Board Act, 1998; (“transporteur”) “utility company” means a municipal corporation or commission or a company or individual operating or using communications services, water services or sewage services, or transmitting, distributing or supplying any substance or form of energy for light, heat or power; (“entreprise de services publics”) “utility infrastructure” means poles, wires, cables including fibre-optic cables, conduits, towers, transformers, pipes, pipelines or any other works, structures or appliances placed over, on or under land or water by a utility company. (“infrastructure de services publics”) 2021, c. 2, Sched. 1, s. 2; 2022, c. 9, Sched. 1, s. 1; 2023, c. 9, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 1, s. 1 - 14/04/2022 2023, c. 9, Sched. 3, s. 1 - 08/06/2023 Application of the Act
3 This Act applies with respect to designated broadband projects. Distributor or Transmitter Co-operation
4 (1) The Minister may by notice require a distributor or transmitter to complete work if, in the opinion of the Minister, the work is necessary for the deployment of a designated broadband project, and if, (a)  the Ontario Energy Board has made an order with respect to any application made by a proponent to the Ontario Energy Board under the Ontario Energy Board Act, 1998 with respect to the work; or (b)  no application has been made by the proponent to the Ontario Energy Board under the Ontario Energy Board Act, 1998 regarding the work and the Minister has, (i)  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 the requirement is prescribed by regulation under this Act for the purposes of this subsection, or (ii)  received written notice from a proponent that there is a disagreement between the proponent and the distributor or transmitter as to whether the distributor or transmitter has met a requirement under the Ontario Energy Board Act, 1998 or this Act and the requirement is prescribed by regulation under this Act for the purposes of this subsection. 2022, c. 9, Sched. 1, s. 2. Form and service (2) The notice must be in writing and must be served personally, by registered mail or by email. 2021, c. 2, Sched. 1, s. 4 (2). 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. 2021, c. 2, Sched. 1, s. 4 (3). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 1, s. 2 - 14/04/2022
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.
6 (1) Subject to subsection (2), a notice issued in accordance with section 4 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, unless a shorter period of time has been prescribed for the purposes of this subsection. 2022, c. 9, Sched. 1, s. 3. Exception (2) In the circumstances that are prescribed, a notice issued in accordance with section 4 is not required to specify a date for compliance. 2022, c. 9, Sched. 1, s. 3. Modifications (3) In the circumstances that are prescribed, a notice issued in accordance with clause 4 (1) (a), (a)  may specify modifications to the order referred to in clause 4 (1) (a); and (b)  is subject to any restrictions as may be prescribed. 2022, c. 9, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 1, s. 3 - 14/04/2022
7 (1) If a notice specifies a date, 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. 2022, c. 9, Sched. 1, s. 4. 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. 2021, c. 2, Sched. 1, s. 7 (2). 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. 2021, c. 2, Sched. 1, s. 7 (3). Section Amendments with date in force (d/m/y) 2022, c. 9, Sched. 1, s. 4 - 14/04/2022
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.
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.
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. 2021, c. 2, Sched. 1, s. 10 (1). Agreement as to compensation (2) The proponent and the distributor or transmitter may agree upon the compensation. 2021, c. 2, Sched. 1, s. 10 (2). If no agreement (3) If no agreement is reached, a claim for compensation under this section shall be determined by the Ontario Land Tribunal on application by the proponent. 2021, c. 2, Sched. 1, ss. 10 (3), 28 (3). 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. 2021, c. 2, Sched. 1, s. 10 (4). Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 1, s. 28 (3) - 01/06/2021 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.
12 The Minister may notify a municipality that municipal service and right of way access is required.
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.
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.
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.
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.
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.
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. 2021, c. 2, Sched. 1, s. 18 (1). Agreement as to compensation (2) The proponent and the municipality may agree upon the compensation. 2021, c. 2, Sched. 1, s. 18 (2). If no agreement (3) If no agreement is reached, the Minister shall offer non-binding mediation to the proponent and the municipality. 2021, c. 2, Sched. 1, s. 18 (3). If mediation unsuccessful (4) If mediation does not occur or is unsuccessful, a claim for compensation under this section shall be determined by the Ontario Land Tribunal on application by the proponent. 2021, c. 2, Sched. 1, ss. 18 (4), 28 (4). 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. 2021, c. 2, Sched. 1, s. 18 (5). Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 1, s. 28 (4) - 01/06/2021
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. 2021, c. 2, Sched. 1, s. 19 (1). 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). 2021, c. 2, Sched. 1, s. 19 (2). Agreement as to compensation (3) The Minister and the municipality may agree upon the compensation. 2021, c. 2, Sched. 1, s. 19 (3). If no agreement (4) If no agreement is reached, a claim for compensation under subsection (2) shall be determined by the Ontario Land Tribunal on application by the Minister. 2021, c. 2, Sched. 1, ss. 19 (4), 28 (5). 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. 2021, c. 2, Sched. 1, s. 19 (5). Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 1, s. 28 (5) - 01/06/2021
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. Data Sharing and Underground Infrastructure Location Process
21 (1) A proponent of a designated broadband project who intends to carry out an excavation or dig for the project shall comply with section 7 of the Ontario Underground Infrastructure Notification System Act, 2012. 2022, c. 9, Sched. 1, s. 7. Dedicated locator (2) Within 10 business days after receiving a notice under subsection 7 (6) of the Ontario Underground Infrastructure Notification System Act, 2012, or within a different time limit agreed on in writing by the proponent and the affected members of Ontario One Call, (a)  the affected members of Ontario One Call and the proponent shall agree in writing on a dedicated locator who will respond to all locate requests by the proponent in respect of the project; and (b)  the affected members of Ontario One Call shall give to the dedicated locator mapping information, such as the location of the member’s underground infrastructure, and any other information that the dedicated locator considers necessary. 2022, c. 9, Sched. 1, s. 7. Doing required work (3) The agreed-upon dedicated locator for a designated broadband project who receives a notification from Ontario One Call about a locate request that may affect underground infrastructure owned or operated by an affected member shall do the work required under subsection 7 (10) of the
Ontario Underground Infrastructure Notification System Act, 2012 within 10 business days after the day the dedicated locator received the notification or within a different time limit agreed on in writing by the proponent and the dedicated locator. 2022, c. 9, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 1, s. 28 (6) - 01/06/2021 2022, c. 9, Sched. 1, s. 7 - 14/04/2022 Ontario Infrastructure and Lands Corporation
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.
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
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.