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Decentralized Democracy

Hon. Todd J. McCarthy

  • MPP
  • Member of Provincial Parliament
  • Durham
  • Progressive Conservative Party of Ontario
  • Ontario
  • 23 King St. W Bowmanville, ON L1C 1R2
  • tel: 905-697-1501
  • fax: 905-697-1506
  • Todd.McCarthy@pc.ola.org

  • Government Page

The member for University–Rosedale speaks of the fact that she admits that there is a housing supply crisis, a housing affordability crisis, that we need to be on target for building 1.5 million homes. Yet, she sits among members who supported the previous Liberal government in the 40th Parliament.

Steve Del Duca, the current mayor of Vaughan, has admitted that that housing affordability crisis of which the member speaks began under the Liberal government. It began when the member for Waterloo arrived with the mayor for Vaughan. They arrived together in 2012, and in 2012, 2013 and 2014, the NDP and the Liberals were together politically. They had the political will to do something, and they did nothing.

Will the member opposite, the member for University–Rosedale—now having admitted the housing affordability crisis, knowing that this goes back to the NDP supporting the Liberals—support this bill and engage in forward thinking for the good of Ontario?

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  • Feb/21/24 9:00:00 a.m.

It is a privilege to rise today to lead off third reading debate on the Building Infrastructure Safely Act, 2023. This proposed legislation is a testament to our commitment to building our province in a safer, more efficient and cost-effective manner.

As we kick off this third reading debate, it is my pleasure to reiterate our government’s plans for a future marked by progress and prosperity. This legislation, if passed, would create a catalyst for the positive change our province needs. One that ensures that our infrastructure projects are pillars of strength for future generations to come.

Speaker, we frequently debate about infrastructure in this House. We do so because of our government’s unwavering commitment to building the vital infrastructure that Ontario needs. It serves as the backbone of a thriving society and the foundation upon which economic growth, job creation and community development are built.

I’m continually reminded of the great work that can be accomplished not just during these debates, but also, last week, at the Standing Committee on Justice Policy—and I will elaborate further on that shortly. I’m always impressed by the thoughtful and careful examination that bills receive in this House. I want to thank all members for their outstanding work in that regard, and I want to thank the representatives from all the organizations who took the time and effort to appear before the Standing Committee on Justice Policy. We heard from the Electricity Distributors Association, the Ontario Energy Association, the Association of Ontario Road Supervisors, the Ontario Sewer and Watermain Construction Association, Enbridge Gas, Toronto Hydro, Alectra Utilities, Hydro One and the Association of Municipalities of Ontario. All of these organizations play an essential role in the daily lives of Ontarians, and one thing was clear: They understand the need for the legislation we are debating this morning.

On behalf of my ministry and our government, we sincerely appreciate the time that all participants have taken to give input. We have thought extensively about what these stakeholders had to say not just during public hearings but also through a series of extensive consultations throughout last year, 2023. These consultations were held by the Ministry of Public and Business Service Delivery and the Ministry of Energy to listen to the municipalities and the businesses involved in the locate system, to hear from them on ways to improve the system as we work together to build the Ontario of tomorrow. In fact, last spring we hosted round tables with dozens of stakeholders from all areas of the industry, including underground infrastructure owners, excavators and builders.

I want the stakeholders to know that I sincerely appreciate their valuable feedback during the development of this bill, and that I am committed to continuing our conversations as the needs of the industry continue to evolve. The current bill under consideration is a culmination of those consultations, individual meetings, letters and constant communication, wherein stakeholders relay the challenges of the current locate system to the government.

Bill 153 is a response to those concerns and the culmination of these tireless efforts across this government to provide real solutions by way of proposed legislation. That is why Bill 153, I believe, received unanimous support on both its first and second readings. Just yesterday afternoon, it was reported back to the House with unanimous support from the committee.

Speaker, now this brings me to the details of the bill at hand. The Building Infrastructure Safely Act, 2023, aims to prohibit underground infrastructure owners and operators from charging fees to locate essential components such as telecommunication lines, water mains and gas pipelines. This prohibition is a crucial step toward protecting the public from damages to critical infrastructure and keeping costs down for a wide range of construction projects, aligning seamlessly with Ontario’s broader plan to facilitate the efficient and safe completion of vital infrastructure projects.

If passed, this bill will play a valuable role in empowering our government’s ability to ensure responsible construction practices and community development. That is why today marks a significant milestone in the pursuit of a safer, more efficient and cost-effective approach to building critical infrastructure in our great province. But more importantly, it is a response to the changing landscape of infrastructure development in Ontario. It demonstrates how our government understands the pivotal role that robust infrastructure plays in connecting communities, fostering innovation and enhancing the overall quality of life for our fellow citizens and residents. We’re dedicated to ensuring that these infrastructure projects are not only impactful, but also executed with the highest regard for safety, efficiency and protection of our existing vital underground infrastructure while at the same time keeping costs down.

I submit that it is a particularly timely bill for us to be debating, as people across our province prepare for another construction season starting this spring. Mr. Speaker, the safety of our workers, our citizens and all residents is paramount. Ontarians can rest assured that we are steadfast in our commitment to implementing and upholding the highest safety standards. Our workers are the backbone and future of Ontario, and their well-being is non-negotiable. That is why we will spare no effort in creating the work environments that prioritize safety for them and the communities those workers serve.

Safety also means looking out for our families, our neighbours and the larger community around us. This bill, along with previous amendments to the Ontario Underground Infrastructure Notification System Act, 2012, is aimed at promoting safety. For that matter, it is actually goal number one across my ministry. While we work hard to balance a number of other priorities, safety is always top of mind. Throughout the consultations, for example, strong support has been expressed from the utility sector, as it would provide a system that will ensure the delivery of safe locates with public safety always remaining the top priority.

Efficiency is also one of the keys to unlocking the full potential of our infrastructure initiatives. Our government is acutely aware of the need to streamline processes, eliminate bureaucratic hurdles and foster collaboration among all stakeholders. By aiming to expedite project timelines, reducing unnecessary delays and delivering results, we can meet the evolving needs of our citizens and residents in a timely fashion. Now, to achieve all of these goals, Mr. Speaker, and to have successful infrastructure projects and policies, we continue to work closely with municipalities, private sector partners and community stakeholders.

I believe that many stakeholders agree with the Ontario Good Roads Association, who expressed that our government is delivering on its commitment to improve efficiencies and locate delivery by addressing stakeholder concerns and ensuring an efficient and sustainable operation of Ontario One Call.

Through a thoughtful and collaborative approach, the changes we are proposing would enhance the existing framework and contribute to a more streamlined and effective system for all stakeholders involved. These are the kind of changes that would help improve housing starts and reduce upward pressure on property taxes throughout the province, especially in northern and rural communities. To reiterate this further, I would like to share a quote from the Association of Municipalities of Ontario: “Timely locates”—according to AMO—“for underground infrastructure are critical for safe and efficient construction. The government’s improvements to the locates system will make it more streamlined and accessible, helping municipalities and others to build faster and safer.”

Since becoming Minister of Public and Business Service Delivery, this is the second bill I have had the pleasure of introducing to this House. Last fall, I introduced, and this House passed unanimously, Bill 142, which included the new Consumer Protection Act, one of my ministry’s cornerstone statutes. Both of these bills were built on extensive consultations in order to find the right solutions for the long term.

In hearings last week of the Standing Committee on Justice Policy, I mentioned that we are focused on solutions to get things done the right way. This means a solutions-oriented approach that is going to help move us forward in addressing the challenges faced by underground infrastructure owners, excavators and others who work with the network of cables, pipelines and tunnels that intersect beneath us. We are looking at the solutions that help maintain strong safety standards.

We are also considering the needs and the priorities of numerous stakeholders to arrive at a place that meets the needs of all of those involved. In fact, there have been at least three different rounds of consultations leading up to the introduction of this bill. It is a critical part in every area of my ministry’s work as we build better services for the people of Ontario that are easy to access where and when they need them. That is our entire focus. That is the focus on enhancing services for Ontarians and businesses throughout Ontario. It’s right there in the name: the Ministry of Public and Business Service Delivery. This work goes well beyond the walls of my ministry. We help improve government services across the entire government with behind-the-scenes information technology expertise. And not to be forgotten are the archival and record-keeping services and advice provided by the Archives of Ontario in maintaining records of our great history in Ontario.

Speaker, all of this comes back to the bill at hand, because a great deal of my ministry’s work is guided by a deep and abiding commitment to protect consumers and ensure public safety. I want to reiterate, and it bears repeating, that just as an accident involving underground infrastructure can extend well beyond the immediate area, getting this work done safely, smoothly and reliably is intrinsically connected to many other government priorities.

As our government is working hard to build infrastructure—infrastructure like new homes, roads, public transit, high-speed Internet—we need to make sure that these projects can be moved along. And while we do not always see the groundwork or, in this case, the underground work being done before digging starts, we must make sure that locates can facilitate this work getting done and getting done right.

In fact, our Minister of Infrastructure noted that our government is investing over $185 billion to revitalize schools, hospitals, public transit, roads, housing and access to high-speed Internet for every community across the province by the end of 2025. Speaker, that is the most ambitious capital plan in our province’s history. This critical infrastructure will support the quality of life that Ontarians deserve to enjoy. It is what brings us together and keeps us connected to our families, our friends, our workplaces and our daily activities of daily life that are near and dear to us. That is why we are using every tool available to ensure our infrastructure projects are built safely and allow communities, businesses and individuals to feel the benefits of those projects.

The Minister of Infrastructure strongly supports this important work to get these proposed changes in place to get key infrastructure projects built more efficiently, while ensuring communities across Ontario benefit today from these projects and for generations to come. The Minister of Energy also believes that this bill will help keep costs down and make it easier to build more cost-effectively while protecting our workers and the critical underground infrastructure that keeps our province powered and connected. Additionally, excavators and municipalities appreciate our government’s work in limiting costs, as when we allow for spiralling costs, it would create challenges for construction companies and, particularly, small municipalities otherwise.

And while the need for infrastructure is clear not just for our current population, it is also essential for future growth, and we have extensive growth expected in the years ahead, within this decade alone. Our population is growing by nearly 500,000 people in the last year. More than 170,000 net new jobs were created in the first nine months of 2023 alone. This is good news; however, it has also created a huge pressure on housing, and that is why the need to work collaboratively to build better, to adapt to our growing population is so important.

Speaker, we have talked much about infrastructure in this House. Our government has been so focused on creating lasting and stable infrastructure that ensures that Ontario can run better. And whether we are talking about building better transit and roads, expanding high-speed Internet availability or getting homes built for our growing population, some of the challenges are the same. You do not have to go very far to hear about many of them. Access to skilled labour, increasing costs and many other construction challenges are all well documented.

Now, before I go any further, allow me to provide you and my colleagues in this House some context, Speaker. There is one area that we tend not to talk about very much, and that is the network of infrastructure that is underground, delivering many of the services that make homes and businesses run. Underneath all of us, beneath our feet, are vast, complicated networks of extremely vital infrastructure that have been built, updated and expanded throughout the history of Ontario.

The water mains, telecommunication cables, gas and oil pipelines and high-voltage electrical cables all fuel the economy of Ontario, and if we want every corner of Ontario to move forward, we need to improve that infrastructure. Every single one of these is critical. They provide necessary services, the loss of which would represent inconvenience at the least or grave danger at the worst.

For example, in today’s digital world, having reliable Internet access is crucial for work, education, health care, communication and entertainment. Ontarians understand the frustration when they are left offline and in the dark for too long. Families should never have to worry about their children being unable to access online learning while at home, nor should a business owner have to struggle to work at home due to lack of connectivity. Think of the risk of losing water pressure, which could compromise the ability of firefighters to respond to an emergency. There is really no shortage of practical, real-life examples.

Part of maintaining the reliability of these networks is the requirement to make sure that anyone involved in a construction project gets the necessary information to identify where infrastructure is buried before breaking ground. From planting a tree in your yard to large commercial construction, having a clear knowledge of the vital infrastructure below the site is a must for public safety and for safeguarding the valuable services provided to our communities by our underground assets.

These concerns are not unique to our province. Allow me to share some examples of cases where construction projects have caused significant damage to underground infrastructure.

Just over a year ago, in January 2023, CBC reported a series of interruptions in telecommunications services in northern communities, including in the Northwest Territories. Internet, cellular and phone services were cut off when a construction crew in nearby Norman Wells, only 470 kilometres away, accidentally hit a fibre optic cable. Services were out for two days, and people who needed emergency services were encouraged to drive to their nearest RCMP detachment.

Last October, an entire town of 10,000 people had to be evacuated in Middleton, Idaho, just outside of Boise. This occurred after an excavator ruptured a 22-inch natural gas pipeline. The local fire chief said, “It was a pretty substantial explosion just due to the pressure in that line.”

Earlier again in 2023, the New York Times reported on an accident in Frankfurt, Germany. This was of a Deutsche Telekom construction crew, Germany’s main telecom provider. It was confirmed that a fibreglass cable buried five metres, or more than 16 feet, underground had been severed by a concrete drill during construction work. This accident took thousands of customers in the greater Frankfurt area offline. It also resulted in nearly 150 cancelled flights and another 247 delayed flights around the world because it knocked out Lufthansa airline’s ability to communicate with airports around the word. The result: Thousands of people were stranded in Germany’s main travel hub and its largest airport.

Speaker, while these are some large-scale examples, I want to be crystal clear on a couple of things:

(1) We want to ensure that the system works well for individual property owners as well as it does for large commercial projects.

(2) We know that accidents have happened in Ontario before, and we need to put safety precautions in place to prevent them from happening again.

In the examples I just mentioned, I was happy to see that there were no reports of injuries, but it’s not hard to see how that could have been quite different.

Of course, as I mentioned earlier, we as a government also must weigh multiple factors. I believe I have covered the safety aspect of things, but the flip side of each story is the service outage. We cannot just say, “Well, as long as no one was hurt, it’s all okay.” Part of the equation we are continuing to explore and to try to resolve is to maintain the reliability of our underground networks and to make sure that excavators get the necessary information to identify where infrastructure is buried before digging.

It is easy to see how important it is not only for people to call or click before they dig, but also we need that system to work well so that the information can be obtained efficiently and allow the process to work smoothly. This is prevention, and it’s an essential aspect of what this bill is about and the improvements that it makes on the existing legislation.

This brings me back to the first and arguably most important part of this bill: that is, to explicitly prohibit owners and operators of underground infrastructure from charging fees to provide locates. The proposed legislation seeks to enshrine into law a free-of-charge locate system mirroring the long-standing industry practice observed across Canada and the United States. This would ensure that projects can be built cost-effectively, while protecting our workers as well as the critical infrastructure below us. This keeps our great province powered and connected. By banning locate fees, we would stem the possibility of a spiralling cycle of costs that would delay the construction of key infrastructure projects and reduce their feasibility.

This legislative change also removes a cost barrier to accessing locates, which should improve public safety, in my submission. Costs associated with the provisioning of locates could encourage individuals or businesses to skirt the locate system and dig without the necessary information to do so safely.

We have heard loudly and clearly from stakeholders like the association of road supervisors of Ontario on their support for this change, both in the interest of public safety and for cost-efficiency. They have all expressed that charging for locates will not simply transfer the cost to the owner or the party requesting the locate. With the administration of these charges, including invoices, payment, collection and processing—all those tasks that would incur additional costs to both the owners of underground infrastructure and excavators—they will likely want to recover themselves by adding to the fees that they charge. All of these added costs simply do not add value to the entire process and would in fact, I submit, undermine the process. Particularly in an area where staffing is in short supply and municipalities and other organizations are already overburdened, the addition of administrative tasks could potentially create delay, and that delay would affect adversely the timely execution of any locates needed. These delays would, in turn, add further costs to building infrastructure.

Our government is building a stronger Ontario by leading one of the most ambitious capital plans in Ontario’s history. This proposed legislation would help make it easier to build the housing, the roads and the public transit for our growing needs. At a time in our history when being more connected, having more affordable homes and improving our transportation options are at the forefront of our province’s continued success, making sure this process is cost-effective and working smoothly is in everyone’s interest.

These things are not solely about timelines; they are also about predictability and being able to make long-term plans. This is something my ministry has heard from businesses in other areas. Whether it takes three days or three weeks to get something done is not always the point. Obviously, it is usually better to only have to wait for something for only three days, but if you know that it is going to take three weeks, that is a timeline you can plan around and know when you need to have people in place to get things moving.

We have heard, Speaker, from the Ontario Chamber of Commerce. The members of the Ontario Chamber of Commerce have expressed support for extending locate delivery timelines for larger projects, specifically phase 1 of our government’s proposal, which calls for locates for large projects to be completed within 10 business days. That is to begin in May of this year. We understand that this change would help mitigate some of the challenges we have heard in delivering locates within five business days for all locate requests, regardless of the size and complexity of a project.

As our government moves into phase 2, this would enable opportunities to further differentiate between dig projects based on size. As such, moving to more attainable time frames for locates will also give added visibility to the locate industry to better align resources and to better provide for attention focused on large-scope locates.

A few weeks ago, when Toronto was in the middle of a cold snap—one of the few this year so far—many of you may have driven by construction sites when it was as cold as 22 degrees below zero. Now, it has been a while since we have had temperatures that low, and seeing workers who were digging trenches, laying pipes and running cables in that particular cold snap, it does give us an understanding that you do not want people standing out there, waiting to do that work because they have to wait to get the locates. It’s not only frustrating but also expensive, and quite frankly, quite inconvenient.

Another concern we have heard is the spiralling of costs I touched upon earlier. If locates were ever done for a fee before beginning construction, I want to repeat, there is a long-standing industry practice that now we’re explicitly putting into the proposed legislation: a ban on those locate fees. This is a practice that’s followed throughout Canada and the United States, but we’re taking the legislative lead on enshrining it in law. For example, a local hydro company charging a municipality for locate requests when that hydro company is digging nearby before beginning a new construction project—that fee for the locate would be an additional expense.

Expanding critical infrastructure is a large-scale project. We are not talking about a few backyard fence posts, Speaker. We’re talking about underground infrastructure that could stretch over hundreds of kilometres. The cost of those locates could be very significant. By charging that fee, one entity, the hydro company, could recover the costs of the delivery of those locates, meaning the municipality would then have an outstanding expense. So the natural inclination in such circumstances would be that the municipality too would have to charge fees when providing locates that would be later on for the utility companies before their new water mains can go in the ground or be repaired. In fact, it is not just an inclination; it becomes an imperative to recover costs from excavators. So it does not take much imagination to see how this would end where every underground infrastructure owner and operator is charging and being charged to identify infrastructure. Speaker, this is what I do mean by a spiralling cycle of costs. It has ripple effects that would be obvious. That is why the long-standing industry practice was followed. To the extent that there was a concern—and there was a concern—that it may not continue to be followed, we took action with this proposed bill.

In fact and in effect, at some point, in a pay-for-locates system, as you charge one company and then they charge another, those fees simply come back to you when you need to get locates done. These very same underground infrastructure owners and operators who complete locates may themselves need locates done with completing their own infrastructure projects. Underground infrastructure owners and operators have a responsibility to each other. It just makes common and financial sense to maintain the current standard of requiring underground infrastructure owners and operators to complete locates without charging for them. If infrastructure owners and operators do this work without charging fees, there is also a natural motivation to do the work in the most cost-effective manner possible, while protecting their own capital investments in underground infrastructure.

Speaker, this spiral of costs, at some point, would have reached a level of absurdity. But possibly, the bigger risk is what happens on the ground when crews are in place, ready to work. These are the kinds of things we heard from stakeholders when we met with many of them earlier this year and last spring. It raises the question of whether it is possible that digging could begin without locates being done. While I want to think that no crew would take this risk, I could also see a situation where higher costs could create an incentive for someone to cut a corner here or there. Speaker, let me be clear, that is a very dangerous and potentially illegal move.

Our goal is to create legislation that eliminates that possibility. This is a scenario that we can help avoid, and I think it is incumbent upon this House to take steps like this that help put the conditions in place to make the entire locates process smooth, efficient and cost-effective. If we can do things that help move along the process without undue costs to anyone who is digging, I think we owe it to the people of Ontario to make that happen.

Now, Speaker, there are additional measures that this bill would address, and I would also like to speak about these additional measures for just a few minutes. For most people, requesting a locate is a simple enough process. For example, many of us who own a home may have contacted Ontario One Call ourselves to request a locate. This could be for projects like planting a tree or drilling holes to support a new deck.

The process to request a locate is generally quite easy. One simply visits ontarioonecall.ca, fills in the email address and the relevant phone number and then follows the prompts on screen. A few days later, people from utility companies, telecommunications and pipeline owners and operators will mark their infrastructure: red for electrical, blue for potable water, yellow for gas and other pipelines and so on. These are the multicoloured spray-painted lines, or sometimes what we observe as small flags that we see on the ground as we walk past ground that is about to be dug up.

For a homeowner on a small, discrete project, it is usually that simple; however, on a large scale with larger projects and at a system-wide level, matters start to become somewhat more complicated. There is a lot of other work that must go in behind the scenes to get all of these locates done in a timely manner. That is why Ontario One Call, one of 12 administrative authorities under my ministry, has a growing role in helping to make that system work well and to educate the public every step of the way.

Before I get into the additional improvements this bill would make to Ontario One Call, I would like to address for the House some general points about administrative authorities—some call them delegated administrative authorities. While many people think an administrative authority is the same as a government agency, it is not, Speaker. Whereas a government agency is usually controlled by the government, an administrative authority is an independent, not-for-profit corporation that operates within a strong accountability and governance framework. Administrative authorities are designated certain responsibilities by the government in specific sectors and industries to administer and enforce certain Ontario laws, including laws regarding consumer protection and public safety.

Some of these administrative authorities help ensure that certain businesses that Ontarians receive services from are qualified and competent. In fact, Speaker, going back to what I mentioned earlier about the breadth of my ministry’s purview, if you use the services of a real estate broker or salesperson, or you live in a condominium, you have benefited from the work of an administrative authority. Also, if you have ever hired a licensed electrical contractor, rode in an elevator or enjoyed a glass of Ontario’s VQA wines, you have benefited from the work of one of our administrative authorities—one or more of our administrative authorities in the case of condominiums. And if you have ever hired an Ontario travel agent, bought a car from a motor vehicle dealer or have needed services from a funeral director or a cemetery, you also have benefitted from the mandate of an administrative authority under the authority of my ministry.

These organizations ensure that equipment is properly maintained and that consumers are being educated about their rights when making certain purchases. Government retains its law-making, regulation and oversight roles while giving the administrative authorities responsibility for the daily operations of how to best carry out their mandates, including matters such as licensing, enforcement and other relevant concerns or things or matters. It is our government’s responsibility to ensure that they are consistent in the way they work, the powers they have and how those powers are used.

In March 2020, this House, the 42nd Parliament at that time—we are now in the 43rd Parliament of Ontario—passed the Rebuilding Consumer Confidence Act. It had an important role in harmonizing some key accountability, governance and transparency requirements for most administrative authorities.

The Rebuilding Consumer Confidence Act started bringing some much-needed consistency to the way in which administrative authorities work. Strictly speaking, this bill before us today is not technically related to that act. However, it does build on the spirit of that act by proposing changes to help make One Call more consistent with their administrative authority counterparts.

As I said, Ontario One Call is one of 12, and one can compare and contrast the various mandates and powers that each administrative authority has, and in doing so, one can understand some of the aspects of this act that add authority to the Ontario One Call mandate. Better aligning their powers and their responsibilities with other administrative authorities is part of these proposed changes; that is, specifically better aligning Ontario One Call’s powers and responsibility with those other AAs is a crucial part of this proposed legislation.

The proposed amendments to the act would also allow the Minister of Public and Business Service Delivery to specify additional objects for Ontario One Call. Think of objects as the jobs an administrative authority has been assigned to do by government. This is very similar to the TSSA, another administrative authority. The TSSA is the Technical Standards and Safety Authority. That particular administrative authority is responsible for elevators, for example, and for amusement park rides at Canada’s Wonderland, the CNE and other small fairs that we see across the province in the spring, the fall and throughout the year.

Like the TSSA, with respect to its mandate, this proposed bill would give the government the ability and flexibility to expand objects for Ontario One Call in the future and to address evolving needs. It would provide that some provisions of the Not-for-Profit Corporations Act, 2010, as they relate to member approval of bylaw changes needed to implement ministers’ orders would not apply to One Call. As it is presently constituted, One Call needs to get approval from members in order to pass bylaw changes needed to implement ministers’ orders.

Some other changes to the One Call act would include protections for the authorities’ officials, their officers, directors, employees and agents, from personal liability. That’s an important proposal. These are common protections for officials that work in other administrative authorities. I submit, Speaker, it is reasonable for this to be extended to Ontario One Call.

These changes are needed now because One Call is different than it used to be. Not long ago, One Call largely acted as a call centre, taking requests from excavators and relaying them to underground infrastructure owners and operators. As our government is now asking Ontario One Call members to take on more complex work to support the improvement of efficiencies and locate delivery, that requires better systems, backed up by better and sustainable resources. These changes are needed to meet the needs of industry, but more importantly, to meet the needs of Ontario’s growing population as we work on our government’s priorities.

This is not the first time that this government has made changes to Ontario One Call’s governing legislation. In April 2022, near the end of the mandate of the 42nd Parliament of Ontario, important changes were made to the One Call act as part of the Getting Ontario Connected Act, 2022; changes that saw numerous improvements that we are following through on today. For example, the Getting Ontario Connected Act created a dedicated locator model. This was for projects related to broadband Internet expansion projects. This allows a project owner to get all of their locate services done by one locator, rather than waiting on a different locator for each utility or municipality, and that locator does the work for the duration of the project.

It also extended the validity period of locates to help reduce duplicative work and to drive efficiencies. We are continuing this work and we intend to consider further changes in this year, 2024. Duplication was also reduced by allowing contractors working on the same dig site to share locate information. Speaker, these changes are improving the locate delivery system and making the process of obtaining locates much more efficient and, most importantly, they maintain Ontario’s strict safety standards—our top priority, to repeat what I said earlier.

This bill would also remove an excavator’s ability to seek compensation through the Ontario Land Tribunal against One Call members that fail to provide a locate within the legislated time limit. It is very important to note that the changes passed by the Getting Ontario Connected Act will still hold underground infrastructure owners and operators accountable for completing locates within the time limits. Within the act, it provided Ontario One Call the authority to issue administrative penalties, also known as AMPs or administrative monetary penalties. These could be administered or issued against non-compliant members and excavators in the industry.

These powers come into effect via a minister’s regulation on May 1, 2024, and would enable One Call to transform into a modern regulator with the administrative monetary penalties as an enforcement tool and, as such, maintaining the Ontario Land Tribunal recourse provisions would become redundant or duplicative. My understanding is that the recourse to the Ontario Land Tribunal, while it existed briefly and while it’s now going to be phased out if this bill becomes law, was rarely, if at all, used by anyone.

At the same time, Speaker, I want to acknowledge that some One Call members may be apprehensive about administrative penalties. I want them to know that administrative penalties may be and are just one tool, but they are not the only tool intended to encourage compliance. They—administrative monetary penalties—are really a tool of last resort.

Owners and operators of underground infrastructure should find that that is reassuring and would know then that administrative penalties are only one of many tools that One Call has at its disposal to encourage compliance with the law. At the same time, I would also say that excavators should find the results of the changes from the past year quite encouraging.

From January to July 2022, only 45% of locates were completed on time; however, last year, in the period from January to July 2023, approximately 70% of locates were completed on time. This shows a significant improvement, and I believe that our government working with Ontario One Call can help move those improvements along even further.

Now, Speaker, to pick up again on something I mentioned earlier, this is a balanced and reasonable approach that helps get us all toward a common goal.

I would like to highlight a quote in this regard from the president and CEO of Electricity Distributors Association, Teresa Sarkesian. Ms. Sarkesian stated, and I quote:

“Bill 153 equips Ontario One Call with a powerful tool to encourage active compliance. The discretion given to Ontario One Call also allows it to administer a fair compliance process with intention. Ultimately, Bill 153 takes us one step closer to an entirely modernized regime for locating underground infrastructure safely and efficiently.

“The proposed legislation represents a balanced approach that will ensure faster construction times for housing and infrastructure projects, worker safety around high-risk assets (such as underground wires and cables), a reliable and uninterrupted supply of energy to Ontario’s families and businesses, and most importantly, respect for customers.”

Speaker, it is clear the province is at a critical juncture in our history. With the continuing use of online services, our need to get better broadband connection to every corner of the province is more important than ever. We simply cannot afford to leave entire communities without access to online services and information because they do not have a connection to high-speed Internet.

Getting more homes built that people can afford and enabling them better ways to get from there to work and everywhere they need to be—these are today’s infrastructure challenges. Our government is all in on these and we are making investments that will help make them a reality for the people of Ontario. But to make that happen, we really need to dig in on the issues that are slowing them down.

Before shovels can go into the ground on these projects, we need to make sure that the critical safety steps are taken and followed. As I indicated earlier, the explicit banning of locate fees is part of that because we would not want to see any motivation to skip steps that would compromise safety, and the spiralling cycle of costs associated with locate fees being charged would, I believe, create a grave risk of that. Safety must come first.

I’ve shared today about some very large-scale accidents with far-reaching consequences, where accidents have created explosions, service outages and stranded travellers. We want to be the government that took forward-looking decisions, rather than the place where the mistakes were made and lessons learned too late. This forward-thinking approach of our government is, I submit, a non-partisan issue. It is why, I believe, at second reading and at committee, this bill received unanimous support from everyone, from all parties, and why I hope and believe that all parties will support this bill unanimously at third-reading vote.

While we have worked hard in the past few years to get that work done faster and more smoothly, it is not enough to sit and admire our work. This rising above partisanship, as it does, must create a sense of urgency. As we build Ontario together, this approach to locates, to efficiently delivered locate processes must be part of building Ontario. It is a key component of our future, and so we must keep moving forward.

More needs to be done to help contain costs, especially at a time when we are seeing inflation, labour shortages and competition from other jurisdictions. But like the Minister of Finance, I was heartened yesterday to see inflation down to 2.9%—an improvement or a lowering of that rate of inflation even beyond our hopes and expectations at the end of last year.

When we look around, for example, at the intense competition to secure new electric vehicle battery facilities, can we afford to be a place where construction is cumbersome and inefficient or potentially unsafe? No, we cannot, I submit. Among all the things to consider, can we afford not to be the best? That is why Ontario would be a leader if these amendments under this proposed bill are passed. I urge the opposition and all parties in this House to support this bill and continue the trend that was begun at second reading and in committee, because we can act together on some initiatives, this being one.

Speaker, by 2041, Ontario’s population is expected to grow by 30%. Now is the time to meet the demands of the future. This is why our government has introduced this bill. This is why, by this bill, we are proposing to ensure that government is nimble and responsive to the needs of the community. That is why I believe that we have support from across the aisle.

With our growth, new and increasing pressure is put on Ontario’s infrastructure capacity. We cannot look away from this challenge. We must make the critical investments today to keep up with a growing population. That is why Bill 153, I submit, is so vital: so nothing can stand in the way of Ontario reaching its full potential.

I understand that my colleagues in this House have expressed support in preventing owners and operators of underground infrastructure from imposing fees for locates, and I appreciate that support. Prohibiting infrastructure owners and operators from charging for providing locates maintains this, as I said, long-standing industry practice that locates are and should be provided free of charge to avoid and to stem a cycle of potentially increasing costs that could burden anyone who wants to dig or create incentives to take shortcuts and compromise safety.

At the same time, we must continue putting systems in place that will help the framework for the delivery of locates to keep up with industry needs. That is why we are proposing these important changes to this legislation: so that the administrative authority of Ontario One Call can be more consistent with those 11 other DAAs.

To make it more adaptable to a rapidly changing landscape can help unearth a greater level of potential from industry as a whole, and it is necessary for the more complex role that we are asking One Call to fulfill. Now, while One Call was originally conceived as an organization to route information from people or businesses that are looking to dig to infrastructure owners and operators, that is no longer the case. They are filling an important role to help get all our infrastructure built faster and make the process smoother and more efficient.

Speaker, there are parallels to be drawn between the consumer protection act, Bill 142, that received royal assent at the end of last year and that was recently debated in this House. There are parallels between that act and this Bill 153, and that parallel is one of shared interests. We appropriately named Bill 142, the consumer protection act, the Better for Consumers, Better for Businesses Act, 2023. It’s a shared interest in consumer protection shared by consumers and shared by businesses who want to find it easier to comply, because that’s good business. And we are all consumers, after all. We all have that shared interest, just as we have a shared interest in building infrastructure efficiently, safely and cost-effectively and just as we have a shared interest in keeping all matters running smoothly, without interruption, without outages and without potentially fatal accidents.

Like consumers and businesses, excavators and infrastructure owners/operators have these shared interests—interests in maintaining safe and reliable networks that get us the services we need when they are needed. We should all do what we can to foster that work and to get it done in the best possible and a safe manner.

To summarize, Speaker, if passed, I believe that this bill would better protect public safety by legislating the long-standing industry practice of requiring locates to be provided free of charge and to stem that cycle of potentially escalating costs if locate fees were charged. I also believe that this bill, if passed, would support the evolving role of Ontario One Call. The bill would, if passed, provide that expanded authority to align One Call with other administrative authorities.

If passed, and I want to address this point clearly again, the bill would remove the ability for excavators to seek compensation through the OLT, the Ontario Land Tribunal, for delivery of locates past the legislated time limit. Now, this takes away an appeal route, but at the same time, we have balanced with that the administrative monetary penalties as a tool of last resort and other compliance tools in between. At the same time, the reality is, was this a regularly used, or used at all, appeal route? My understanding is it wasn’t. So it’s a redundant remedy and is being replaced by, I submit, a more effective remedy, with the expanded powers of Ontario One Call and the ability, as a last resort, to impose administrative monetary penalties—as a tool of last resort—and to ensure compliance with this legislation, because, of course, as it’s been said many times in this House and outside this House, we must be a jurisdiction, a nation, a province governed by the rule of law. We are ruled not by people but by laws. Ensuring compliance with the law, both with the letter and spirit of the law, is an essential aspect of what we must do. So while this ministry has the oversight, the delegation to administrative authorities to ensure compliance with the law is essential. As of May 1, 2024, underground infrastructure owners and operators can be subject, then, to administrative penalties imposed by One Call in respect to late locates, to be clear.

I conclude by submitting this: Bill 153, unanimously supported thus far, is a testament to our commitment to building our province more safely, more efficiently and more cost-effectively. That is the shared interest of all of the people that every member of the House represents in 124 electoral districts. That is our shared commitment, and that is why I believe this 43rd Parliament should continue the trend of supporting this bill unanimously.

I want to thank all of those who helped us get our work to this stage. Over the past many months, my ministry officials—and I want to thank my deputy minister and her team, in particular, and each and every ministry official who participated in this—have worked so hard on this to make it a priority piece of legislation, to get it close to the finish line, as we are now. I also want to thank the many, many industry leaders and the Ontario One Call staff, who have come together to discuss ways to make the locates system work better.

My grandfather was fond of the saying “Come, let us reason together.” I believe that is what has happened in the lead-up to the introduction of this bill and the debate surrounding this bill, a bill that goes above partisanship and is right for the people of Ontario, for the future of Ontario and the need to plan to build the Ontario of tomorrow, today.

Thank you to all the honourable members for their attention to this bill. I strongly encourage all members across this House to support it, for empowering our province to build the infrastructure of tomorrow is a goal that we all stand behind.

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  • Apr/25/23 4:10:00 p.m.
  • Re: Bill 69 

My question for the member for Sudbury is this: Since 2018, in just five short years, this PC government has been focused on building Ontario. We have built schools, when the previous Liberal-NDP coalition closed schools down. We are building hospitals, when the previous Liberal-NDP coalition brought our health care system to its knees. We are building transit, with four new transit lines in the GTA, despite the fact that the NDP votes no.

Bill 69, if passed, will help predictable infrastructure projects and let us build infrastructure faster, without compromising the environmental assessment process. The members opposite seem intent against building the infrastructure that the people of Ontario need, deserve and expect. Why doesn’t the opposition, why doesn’t the NDP, want to join us in building Ontario?

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  • Apr/4/23 10:20:00 a.m.

It is my great pleasure and it is with pride that I rise today in this House to acknowledge the 130th anniversary of the grand opening of this building. Ontario’s Legislative Assembly, the Parliament of Ontario, the beacon of democracy in this province.

Queen’s Park officially opened on April 4, 1893, after six years of construction. Premier Sir Oliver Mowat was the first of 82 elected members, at that time, of the Legislative Assembly to walk through the main doors of the building, up the grand staircase and into this chamber, where 82 seats and desks were placed into a horseshoe pattern for improved ability of members to hear each other during debates. Historians have noted that much of the original Richardsonian Romanesque style of architecture and amenities is still present in the building today.

It is located on the traditional territory of the Mississaugas of the Credit First Nation and is a gathering place of many First Nations communities.

Just about 1,969 citizens of Ontario have ever served as members of provincial Parliament.

We are coming together, with Bill 75, to restore Queen’s Park, because we remember our history and we are investing in our future, as we celebrate 130 years of this building today.

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