Ontario Regulation 87/23 establishes new administrative penalties under the Ontario Underground Infrastructure Notification System Act, 2012. This regulation is designed to enhance compliance and safety concerning underground infrastructure during excavation activities.

The regulation sets out various contraventions of the Act and specifies the corresponding monetary penalties. Each infraction incurs a distinct fine, reflecting the severity of the violation. For instance, failure to meet the response time limits for standard locate requests results in a penalty of $300, while more serious violations, such as initiating excavation without proper notification, can attract fines of up to $10,000.

A notable feature of this regulation is the provision for daily penalties. Should a contravention persist beyond a single day, an additional penalty may be levied for each day the violation continues, with the total amount capped at certain maximum limits set out in the Act.

The regulation imposes that Orders that carry administrative penalties must contain specific information, including the name of the individual or entity penalized, a description of the violation, the location and dates of the incident, and the amount of the penalty. These orders must inform the violator about payment procedures and the option to appeal the order.

Service of the Orders can occur through personal delivery, email transmission, or registered mail, ensuring prompt notification of penalties to the involved parties.

Funds collected from administrative penalties are allocated to several critical initiatives. These include educational programs aimed at individuals responsible for identifying underground infrastructure, raising public awareness of safe digging practices, and improving response times for locate requests. Additionally, the regulation supports the administration of the penalties system, ensuring that adequate resources are available to uphold the integrity of the process.

By introducing a structured framework for penalizing violations of the Ontario Underground Infrastructure Notification System Act and clearly outlining specific contraventions and their associated penalties, the regulation aims to promote greater compliance and awareness regarding underground infrastructure safety. 

Ontario (14/23) May 27, 2023