Ontario Regulation 248/25, titled Electricity Infrastructure – Designated Broadband Projects, under the Ontario Energy Board Act, 1998, amends O. Reg. 410/22 to clarify requirements and timelines for the deployment of electricity infrastructure in support of broadband projects. The regulation introduces key definitions, including “pole,” which encompasses both distribution poles and poles that are part of utility infrastructure, and “utility infrastructure,” consistent with the definition in the Building Broadband Faster Act, 2021. These definitions provide clarity on the scope of the regulation and the infrastructure subject to the requirements, ensuring that both licensed distributors and owners of utility infrastructure are clearly recognized as parties involved in broadband deployment projects.

The regulation modifies existing provisions by explicitly extending responsibilities to owners of utility infrastructure, requiring distributors to obtain written consent from such owners before beginning work on any part of a distribution system attached to a pole they do not own. This consent must be requested within ten days of receiving a notice specifying the development, use, or access to the distribution system, and it must be obtained prior to starting any work.

O. Reg. 248/25 also revises timing requirements for Hydro One Networks Inc. to meet its obligations regarding notices received under section 2. Subsection 5(1) is amended to extend the maximum timeframe for compliance to 180 days after receiving a notice, while the previous subsections governing timing are replaced with detailed phased rules. From November 1, 2025, to May 31, 2026, Hydro One must make reasonable efforts to process 30,000 poles, with any excess capacity applicable to subsequent periods. From June 1, 2026, onward, the standard rate is set at 10,000 poles per month, with adjustments allowed for force majeure events or excesses applied to future months. For notices received prior to November 1, 2025, if Hydro One cannot meet the standard rate, a lower monthly rate is permitted, provided all obligations are fulfilled by July 1, 2028.

The regulation addresses material deficiencies, providing specific provisions for when Hydro One can issue notices if proponents fail to provide required contributions. Subsections clarify that material deficiency notices affect the application of required pole rates and establish procedures for resolving deficiencies, including conditions under which notices cease to have effect.

Reporting obligations are strengthened, requiring Hydro One to submit monthly reports detailing compliance with section 5, including pole counts, outstanding requirements, and supporting documentation regarding any material deficiency notices. Reports are submitted to the Minister, the Ontario Energy Board, and the CEO of the Ontario Infrastructure and Lands Corporation, and must include quarterly forecasts of anticipated completions by municipality or the next largest available geographic area. This reporting framework increases transparency and allows the government and regulatory bodies to monitor progress and ensure that designated broadband projects are delivered efficiently and within regulatory timelines.

Ontario (248/2025) November 12, 2025
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.