SoVote

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
  • May/28/24 10:00:00 a.m.
  • Re: Bill 194 

I thank the member for Mississauga–Erin Mills for the question. Of course, that member was parliamentary assistant to the ministry for some time, even before I had the privilege of being appointed minister, so this piece of legislation is very much something that he has contributed to through his efforts.

Now, the bill was crafted in response to valid concerns raised by Ontarians. We recognize, and all Ontarians recognize, the incredible potential of AI—but its risks. So we begin with trust and, of course, the bill contains the words, “trust in the public sector.” Also, schedule 1, which contains the comprehensive definition of artificial intelligence, is the Enhancing Digital Security and Trust Act—once again, the word “trust.”

The AI definition that we have come up with in this bill is at section 1, subsection 1, paragraph (a) of schedule 1: “‘artificial intelligence system’ means, (a) a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs.” That’s the key, and this can include things that influence physical or virtual environments.

So we are taking the lead. We have made the investments. We are getting the good advice within the ministry and across the public sector, and so much good advice has been provided. We are building that trust, and we’re getting it done for the children of our province—our future.

As the Minister of Education has said, and I completely agree, we prefer co-operation and conversation with all partners in the public and private sectors, rather than litigation. We choose co-operation and conversations over litigation. That’s why this proposed legislation aims to establish data protections for children and minors engaged with public sector organizations. Parents need to be confident that their children are protected. They certainly can be. We worked carefully with not just the Minister of Education and the—

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Through you, Mr. Speaker, good morning to all honourable members of this House. On behalf of the Ministry of Public and Business Service Delivery, it gives me great pleasure to lead off debate in regard to second reading of a very important and timely piece of legislation, the Strengthening Cyber Security and Building Trust in the Public Sector Act, which if passed—if it passes this House—promises to strengthen digital protections for people in our great province. I welcome the opportunity to speak about this critical new legislation and I look forward to an informed debate about what it will mean for ministries, public sector organizations and the citizens who elected us to serve them.

I will be sharing my time today with the Minister of Education, the Minister of Children, Community and Social Services and the parliamentary assistant to the Minister of Health.

I also want to take a moment to acknowledge the excellent work of my ministry officials in putting this bill together after many years of consultation and bringing it to the point where we can engage now in a thorough and thoughtful debate in the House. I want to particularly acknowledge and thank my deputy minister, Renu Kulendran; the associate deputy minister, chief digital and data officer, chief privacy archives, digital and data, John Roberts; ADM Melissa Kittmer; ADM, corporate chief information officer, Mohammad Qureshi; chief information security officer, Daniela Spagnolo; and our legal director, Fateh Salim. Thank you to all members of the ministry for making this possible today.

In an era dominated by technology, where our lives are increasingly intertwined with digital platforms and our data is stored in virtual realms, the importance of safeguarding against cyber attacks and protecting personal data cannot be overstated. The pace of digital innovation is accelerating like never before. On a daily basis, new technologies and modernization of services are revolutionizing the way we live and work. These new advancements are not only reshaping but enhancing the lives of individuals globally.

It is important that we harness the benefits of these changes as they have a profound effect on day-to-day life, impacting people of all ages while also safeguarding Ontarians against potential harms. By doing so, we aim to ensure Ontario remains a leader in the digital arena, fostering a future where technology enriches our lives while maintaining the highest standards of safety and security.

The Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, Bill 194, would, if passed, build a foundation to better protect the personal data entrusted to us by the people of Ontario when interacting with public sector organizations, with additional protections to safeguard the health and safety of Ontario’s children.

The overarching key outcomes of this important legislation, if passed, are as follows: enhancing cyber security by strengthening resilience and maturity within key public sector entities; building a strong foundation for artificial intelligence governance while ensuring its use is transparent, responsible and accountable; improving digital service delivery to provide a consistent, secure and seamless experience when accessing government programs and services; reinforcing data and privacy protections so Ontarians can confidently and safely participate in today’s digital world; and last, but certainly not least, strengthening children’s protections to prevent the misuse of their data, especially in classroom settings.

As a government, it is paramount that we do our part within our jurisdictional powers to ensure the proper safeguards are in place to protect the residents of Ontario. We are steadfast in our commitment to put guardrails in place to better shield Ontarians from potential harms, a key priority guiding all of our work on cyber security and digital trust.

In today’s digital age, we simply—I’ve said this many times before, and I’ll say it again: We simply cannot afford to be off-line in an online world. We live in an era dominated by technology, where our lives are increasingly intertwined with digital platforms. Personal data is stored virtually in the cloud; the importance of safeguarding it against cyber attacks for the people of Ontario can never be overstated.

Trust is the main pillar upon which our digital economy is built. Without trust, people are reluctant to interact with the ever-evolving digital economy, and businesses then hesitate to adopt new technologies moving toward the future. Building and maintaining trust in our digital ecosystem requires a multi-faceted approach involving not only robust cyber security measures but also transparent policies, effective regulation and co-operation among government, people, families, industry and civil society. As our lives become increasingly reliant on digital technologies, it is paramount that we enhance our safeguards and protections to maintain the trust of Ontarians in our government and our institutions.

We all know how increasingly sophisticated, relentless and frequent cyber attacks have become. According to the Canadian Centre for Cyber Security, cyber attacks are a growing threat to Ontario. The number of cyber incidents in this province has risen from more than 10,000 in 2018 to over 28,000 in 2022. From critical infrastructure to personal data, our digital systems are under constant threat from cyber attacks. These attacks can come from a variety of sources, including malicious hackers, organized cyber criminal groups and even hostile nation states. The consequences of a cyber attack can be severe, ranging from financial loss and identity theft to the disruption of essential services, and even threats to our national security.

There is no doubt about it, we must lead in protecting people’s personal information online, and that is why we developed Ontario’s first-ever Cyber Security Strategy in 2019. As part of that strategy, we established an all-new cyber security expert panel. The job of that panel is to identify and report on areas where we could grow and improve our efforts. After the expert panel released its report in October 2022, we very rapidly got down to work on implementing the recommendations of the panel. The report pointed to the need for strong governance, education, communication and co-operation. All of these are areas that we are targeting in this proposed legislation in a multitude of ways in our day-to-day work.

The proposed legislation, if passed, would establish regulation-making authority and empower the Ministry of Public and Business Service Delivery to lead the cyber security direction for select public sector entities, especially for vulnerable sectors such as hospitals, schools and children’s aid societies. Regulations may include sector-specific requirements and mandatory cyber incident reporting to government. These regulations would be developed through consultations with key government and public sector stakeholders to help these organizations better prepare, respond and recover from cyber threats and attacks.

We are also proposing centralized reporting within government to better respond, deploy and get involved in emergency management of cyber incidents, particularly with those public sector organizations that do not have strong cyber security practices. Not only will this elevate the overall maturity of Ontario’s cyber security regime, but it will lead to long-term cost savings by mitigating the quantity and severity of cyber attacks. On average, a cyber attack costs an organization almost $7 million. Cyber attacks on public institutions are not just attacks on Ontarians’ data, but also their tax dollars that fund and maintain these institutions.

Simply put, cyber security challenges are immense, and we must rise to meet them head on. We must safeguard and limit exposure to cyber threats and attacks for the people and the businesses of our province. If this legislation is passed, it will empower our government to take the serious measures needed to enhance protections across the board, to better protect the personal data entrusted to us from unauthorized use as well as curb the impact when cyber attacks do occur.

Let us shift gears to a core responsibility entrusted to the Ministry of Public and Business Service Delivery: the transparent, accountable and responsible use of artificial intelligence. This legislation, if passed, would empower my ministry to lead the way by building a strong foundation in AI governance to leverage its tremendous benefits while ensuring it is used safely and responsibly across government and the public sector.

As we embrace transformational and powerful artificial intelligence tools to help us build a better province, we are committed to ensuring that these technologies are used transparently, accountably and responsibly in the public sector. To that end, we are introducing safeguards through proposed legislation that will guide the use of AI in our government and public sector. This legislation will include a clear definition of an artificial intelligence system, aligned with other leading jurisdictions. This step is crucial to create consistency in how AI is defined and understood across the public sector, supporting our AI-related initiatives across government. We are also proposing to establish strong accountability and transparency requirements.

These measures will require public sector organizations to inform the public whenever they are interacting with AI systems. Additionally, any decisions made by way of artificial intelligence must always have a channel for human, recognizing the potential for bias in AI systems.

The proposed legislation will also create regulation-making authority to ensure the responsible, risk-based use of AI by select public sector organizations. This includes strict adherence to Ontario’s Trustworthy AI Framework. This framework has been developed by my ministry and it aims to protect people from unintentional harms and reduce both liability and reputational risk associated with artificial intelligence technologies.

We understand the importance of co-operation and consultation in this process. Therefore, these regulations will be developed through extensive consultations with government and public sector stakeholders, Indigenous partners, industry leaders and AI experts. These legislative changes are designed to ensure that Ontario remains at the forefront of AI guidance and usage, setting an example for transparent, responsible and accountable implementation of AI technologies.

The immense promise that artificial intelligence holds in putting forward solutions to some of our most pressing challenges cannot be overstated. It can unlock the potential for unprecedented innovation in virtually all industries, and it fosters long-term economic growth across Ontario.

With more than 400 artificial intelligence firms and institutions in our province—the number of which is growing daily, I might add—Ontario truly is at the forefront of an artificial-intelligence-enabled future. Ontario is where global giants and start-ups can grow side by side.

Under the leadership of our government, we have been exploring the use of AI, recognizing the amazing potential of its application in health care, education, crisis response and so much more. While working together with our public and private sector partners at all levels, we will position Ontario as a global leader in the responsible adoption of AI.

AI technology is, of course, evolving very rapidly. In the last year or so, we have seen its adoption and expansion advancing at a blistering pace. Every day, more and more companies of all sizes are building AI systems into their operations to increase efficiency or expand their range of products and services.

While we recognize that the potential of AI is incredible and can impact all in the province in a positive manner, our government is extremely cognizant of the many possible risks that it could pose as it continuously evolves. We are the first province in Canada that is taking initiative to create and implement substantial legislation that protects everyone of all ages in the online world. The AI pieces within this proposed legislation build upon our existing work to responsibly adopt this revolutionary technology.

Our consultations on AI began in 2021 to develop the principles of Ontario’s first trustworthy artificial intelligence framework. At that time, my ministry began by bringing together experts from the tech and AI industries as well as academia to form our AI expert working group, a group to provide advice and recommendations on the development of this proposed AI framework.

Round tables and bilateral meetings have been held with Indigenous groups, industry, civil society and legal organizations on the development of the framework. They play a pivotal role in ensuring we do not lag behind when it comes to AI. We will adopt the best policies and the best practices and invest in the appropriate technologies within government to create efficiencies in the work that we do. The regular advice of these stakeholders and advisers and their recommendations to my ministry have assisted and will continue to help support the development of any future updates to Ontario’s Trustworthy Artificial Intelligence Framework.

Additionally, we will continue to actively engage with our federal partners to advocate for the people of Ontario when it comes to the federal government’s work on cyber security, privacy and AI. This includes the federal government’s Bill C-27. We constantly monitor the progress of federal bills to ensure alignment in areas of common priority and sectors of critical importance for Ontario and how to be nimble as we integrate our future work for the benefit of the province of Ontario and, indeed, all of Canada. We will waste no time working with our federal counterparts and all of our partners to protect the people of Ontario in terms of their privacy and their online security. This is a top priority for our government.

Our government prides itself on protecting all citizens and consumers in Ontario. My ministry recently introduced the new Better for Consumers, Better for Businesses Act, 2023, and the Building Infrastructure Safely Act, 2024, both of which received unanimous consent in this House. Just yesterday, I tabled legislation that, if passed, will retroactively ban notices of security interest, or NOSIs, on the land registry with respect to consumer goods and services. This legislation, Bill 200, will protect seniors and the most vulnerable from bad actors, predatory practices and, indeed, organized white-collar crime.

These are just a few examples of the great work the various teams across my ministry have done, and I am proud to lead the ministry’s efforts to ensure that our government is providing safeguards for all consumers. Moving forward with this legislation, our goal remains the same: to protect all of our citizens and residents across this great province.

Another enhancement that will be delivered if Bill 194 is passed into legislation focuses on the critical topic of modernizing digital service delivery. In an era of rapid technological advancement and evolving public expectations, it is vital that we continue to evolve in the way our government interacts with citizens and businesses. Our government wants to ensure that we are creating the necessary changes to keep up with the ever-changing digital world, and we have already begun to make changes to help make life easier for the people of Ontario.

Digital technology has transformed nearly every aspect of our lives, revolutionizing the way we work, communicate and access information. The proposed changes in this legislation include enabling powers for service provider organizations like ServiceOntario to enhance digital service delivery; and allowing online service delivery to be more convenient by offering those who provide consent the ability to benefit from what we call the “tell us once” feature, which includes pre-populated fields and communication preferences so that citizens and residents don’t need to restate their information every time they interact with government. Again, this is a matter of choice, but it’s also a matter for convenience if selected by those of our fellow citizens and residents who interact with government.

This modernization requires a fundamental rethinking of the way government interacts with the people it serves, placing their needs and experiences at the forefront of service design and delivery. By embracing a holistic, integrated approach, we can streamline processes and provide a seamless, safe and consistent experience across all touch points.

For far too long, previous governments have been lagging when it comes to adopting new technologies and providing efficient and modern service delivery. Ontario is prepared and equipping itself to lead in this space and become a global model for how we can embrace technology for the benefit of all.

One of the key aspects of modernizing digital service delivery is the adoption of user-centric design principles. By engaging directly with the people of Ontario to understand their needs, preferences and pain points, we can create intuitive, user-friendly interfaces that enable a smooth interaction with government services across the board. From applying for permits to accessing social benefits, every interaction should be as simple, intuitive and efficient as ordering a meal or booking a ride.

Finally, modernization is not a one-time event but an ongoing journey, one that demands continuous iteration, adaption and improvement. As technology evolves and societal needs change, so too must our approach to digital service delivery. As we build a better Ontario together, it is vital that no one is left behind. Our government is providing muti-channel options, making services more convenient and accessible whenever and wherever Ontarians choose to obtain those services. The people and businesses of Ontario deserve nothing less, and we will continue to make changes moving forward based on the needs and wants of our citizens and residents.

As one of the top global leaders in the digital space, our Ontario government not only needs to demonstrate that we are taking a positive and responsive approach to preventing cyber attacks and breaches and ensuring that AI is used responsibly, but that we are also taking other measures to protect people by effectively safeguarding their personal data. Our proposed legislation, then, if passed, would further update Ontario’s privacy framework to reflect emerging digital and data issues. It is imperative that the data the people of Ontario entrust to government always remains safe and secure.

As I indicated previously, trust is essential. We need to continue to build up the trust of Ontarians so that we all feel safe participating and we are all able to thrive in today’s vast online world.

As we have seen over the past few years, privacy breaches have been occurring at an alarming rate. These breaches have the ability to impact our most important sectors such as our hospitals and our schools, indeed putting children and the most vulnerable at risk. Our government is therefore working tirelessly to strengthen these safeguards against those breaches and put mechanisms in place to mitigate and minimize their impacts when they do occur.

That is why we are proposing to modernize privacy protections and reduce risks associated with privacy breaches and unauthorized data access, including identity theft. This will be done, we submit, through proposed amendments to FIPPA, the Freedom of Information and Protection of Privacy Act.

The proposed amendments would establish requirements for privacy breach notifications and mandatory privacy breach statistical reporting to the Information and Privacy Commissioner of Ontario by all FIPPA institutions. This would provide information that is key to mitigating breaches and do better in terms of ensuring personal information is kept safe and secure. Let there be no doubt about it, Speaker and fellow members of this House: Safeguarding data and privacy in today’s increasingly digital world is, and will remain, a top priority for our Ontario government.

The proposed changes reflect a series of consultations with the public, key stakeholders and experts, including the Information and Privacy Commissioner and the Ontario Human Rights Commission, to modernize protections for data in our province. The changes would update our policy landscape to reflect the emerging digital data and privacy issues that deeply impact our citizens and reflect the rapid technology changes we see globally.

Now I would like to speak about the core priority of this landmark legislation, the protection of our province’s future: our children. In this world of ever-changing technological advances, there has been no period of history where children have been subjected to the online world more than right now. We must ensure that children are protected from bad actors online and that their personal data is not being mined or used for harmful practices. That is why this bill also includes targeted updates to improve privacy safeguards and establish information protections for our children, aligning with recommendations from a variety of partners.

The Law Commission of Ontario in 2023 issued recommendations citing the lack of protections for youth, the elderly and other vulnerable communities against risks in the digital landscape. As minister—but more importantly, as a father and as an uncle and a family man—I am beyond proud to have tabled this new act, which, if passed, will be a comprehensive approach to strengthening data protections for children in provincial settings such as schools and children’s aid societies.

Studies indicate that children are accessing the Internet at a younger age more than ever before, and experts agree that children are at greater risk of harms posed by digital platforms. Recent years have seen increasing instances of privacy violations, cyberbullying and other data-related harms. Yes, an expanded online world does provide tremendous benefits for our children, but we must recognize the unique risks that they face—risks that, quite frankly, none of us ever had to face growing up. We are truly, then, charting new territory in the digital world, and we must do what we can as legislators to place the appropriate safeguards needed to protect them. This is what we owe to our children: never accepting complacency, and putting their best interests first and foremost always. This is the priority of all our Ontario government, and I urge the member of House to adopt it unanimously because it goes above partisan politics.

Make no mistake about it, we must all work together, sparing no efforts to ensure their safety. That is why, if this bill passes, my ministry will work in lockstep with our partner ministries to develop consultation plans with priority sectors, the public and targeted experts. We are eager to work with school boards, parents, all groups overseeing children in provincial settings, social media and tech industry experts, as well as law enforcement. These extensive consultations would inform the development of regulations and directives to ensure the right protections are in place, matching the unique needs of our various public sector institutions and the children they serve.

It is paramount that we do our part, that we do everything that we can in protecting our children and our youth by acting in their best interests for a successful and secure future. We will be proposing to introduce clear rules to strengthen the protection of children’s information to combat the misuse of data created by children and youth engaging with schools and children’s aid societies. We must safeguard children’s information from being stolen or used inappropriately due to cyber incidents.

Based on the consultations, future regulations could include age-appropriate standards for the software programs on devices, such as laptops used by students at school, and strengthening the standards for software procurement by schools to prohibit the usage or selling of student data to third parties for predatory marketing.

Make no mistake about it, our government must and will take decisive action to safeguard children from harm and to ensure that their online experiences are safe, positive and empowering. It is not just about protecting them in the present, but also about safeguarding their future autonomy and agency over their personal data. The health and well-being now and in the future of the children of Ontario depends on meeting the new challenges of this age as we move forward in the ever-changing digital world.

My ministry’s work on safeguarding children in provincial settings through this proposed act goes hand in hand with the important protections for children and youth in educational settings implemented by the Ministry of Education’s latest proposed ban on cellphones and social media in schools. My colleague the Minister of Education will elaborate on this further in his remarks in the House today. And my colleague the Minister of Children, Community and Social Services, I anticipate, will highlight how our proposed changes also align with and work in parallel with his ministry’s Supporting Children’s Futures proposal. We will continue to build off the great work we have done with these ministries and consult with all impacted ministries and public sector entities on any policies that may impact them.

I wish to express my sincere thanks to the various teams across my ministry who helped make this bill a reality. This is a culmination of years of work by resolute Ontarians committed to securing the bright future of our great province, especially for our children. This legislation, if passed, would give Ontario residents and businesses critical peace of mind when interacting with their government and all public sector organizations.

Speaker and fellow members of this House, make no mistake about it: Ontario needs these new digital trust policies to reduce the risk of exposure to cyber attacks on critical infrastructure and government operations, the risk of privacy breaches that threaten individual trust in public services and the risk associated with irresponsible use of artificial intelligence.

As I hope I have made abundantly clear, the time for action is now. Bad actors in the digital world are increasingly sophisticated, persistent and growing in numbers exponentially each and every day. But we have the backs of Ontarians, and we are here to protect our children. We will combat the threats posed by these criminals head on. Together we are taking a government-wide, holistic and responsive approach to strengthening cyber security, keeping sensitive data protected and ensuring adaptability to emerging technologies. We in Ontario are taking the lead and will continue to consult with all partners and make the necessary changes as we move forward in our ever-changing digital world.

Cyber security, digital privacy, protecting children online, artificial intelligence risks and modernizing digital service delivery are interrelated issues that require our urgent attention and concerted action. I have no doubt that together we can build a more secure, resilient and inclusive digital society for generations to come.

Speaker, it has truly been an honour to address the House today with respect to our proposed Bill 194. I appreciate the kind attention of colleagues on both sides of the aisle, and I look forward to listening carefully to all contributors to this important debate. I know that there will be many thought-provoking and thoughtful comments that will be shared among us, and I look forward to a conversation that will result in a very, very effective and forward-thinking bill.

I encourage all here to support the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, because it’s the right thing to do in moving the province forward in this digital age.

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  • Apr/25/24 11:20:00 a.m.

I thank the member for Mississauga East–Cooksville for the appropriate and timely question.

On Wednesday, May 1, two new regulations will come into effect under the Building Infrastructure Safely Act, and they will enable One Call to better locate underground infrastructure and streamline delivery processes to cut down on the number of locates needed on a job site.

Large excavation projects will now be able to request a locate 10 business days prior to their intended dig, and this helps with timelines and streamlining projects.

Ontario One Call will also be given the power to impose administrative penalties, but they will do so with this new enforcement tool only when necessary.

These changes will help keep construction costs down. And they are just one example of how our government is delivering on vital infrastructure like transit, building homes, and building roads and infrastructure, ensuring public—

Our goal has always been to better protect Ontarians. We heard that in our first mandate and embarked on a 15-year review of consumer protection—that was neglected for 15 years, rather. We embarked quickly on it, and in this term, introduced in this House, unanimously passed, the Better for Consumers, Better for Businesses Act.

We are now in the regulatory phase. We are listening and consulting. We will address further issues around door-to-door sales, direct contracts, and we will engage to ensure that our modern marketplace aligns with new consumer behaviours and the digital world.

From the beginning, a Progressive Conservative government introduced legislation on consumer protection—the first in the country, in 1966. A Progressive Conservative government did it again in 2002. And a Progressive Conservative government is doing it again in 2024, on behalf of all the people of Ontario.

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  • Apr/22/24 10:30:00 a.m.

I wish to welcome to the House today a new member of my constituency staff, visiting Queen’s Park in that regard for the first time: Lauren Azzopardi.

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Well, of course, this investment in the people of Ontario is about all of the people of Ontario. This budget invests in helping people in maintaining and continuing the gas tax cut and maintaining all of the financial relief. The real issue with grocery prices is the dreaded carbon tax imposed by the federal government, increased on April 1. It raises the cost of everything.

It’s the high interest rates that the government of Canada’s Bank of Canada is not responding soon enough to deal with. So, instead of the catcalling, join us in continuing to support what we can do as a government. As a provincial Parliament, we are doing it all. What we are calling up the federal government to do we will continue to call upon them to do, and that is ending the carbon tax.

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  • Mar/18/24 10:30:00 a.m.

This morning I’d like to welcome to the House as a guest Mr. Jeffrey Spiegelman, trusted legal adviser, excellent legal counsel and advocate. Welcome to the House.

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  • Mar/5/24 11:40:00 a.m.

We have heard the pleas of our seniors and our vulnerable citizens on this. We have taken action through section 60 of the recently passed Consumer Protection Act. We have consulted widely across the spectrum, and we are taking action. Doing nothing is not an option. We will stand up with our seniors.

What started out as a legitimate registration for HVAC equipment has become a tool for fraudsters and organized criminal activity. We will take action, Mr. Speaker. Doing nothing is not an option. The door-to-door sale solicitation has to stop. We are looking at everything, including an outright retroactive ban. Stay tuned.

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I want to thank the great member from Newmarket–Aurora. You know, the carbon tax, the Liberal carbon tax from Ottawa, is a ruinous tax. It raises the price of everything. It is responsible for high inflation and high interest rates. We’ve called upon that government and the counterparts to the official opposition here to repeal the tax. But we do what we can in this House as a government, and we are freezing taxes, freezing fees, reducing the cost of living, doing what we—

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  • Feb/28/24 10:40:00 a.m.

I welcome Lola Bullock-Castillo from the great riding of Durham, who is participating this week in the Model Parliament.

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  • Feb/22/24 11:30:00 a.m.

To the member for Humber River–Black Creek: More for less. The customer comes first. The people of Ontario come first. And so my ministry officials reached out with the opportunity of the expiring locations in nine venues in the province of Ontario to look at further alternative delivery models. Every party that has ever formed government here at Queen’s Park has embraced the alternative service delivery model of the private sector.

The retail partnership model, which is now added to with Staples Canada, which extends hours to 9 p.m. on weeknights, all day Saturdays as well—that’s what people are embracing. It was a success with Canadian Tire, IDA and Home Hardware. We’re continuing that. In fact, the member opposite’s party supported the Liberal government on that retail partnership initiative in 2011.

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  • Feb/21/24 10:10:00 a.m.

I thank the member for Kitchener–Conestoga. I always enjoy hearing his contributions to debate in this House and receiving his questions. Also he’s a fellow Maple Leafs fan, and they’re on a winning streak now—four in row. I suppose tonight we’ll find out whether Auston Matthews, in returning to his hometown, will get to number 50—

This is very, very important. It’s a very important question, because we are moving the five days to 10 days. We think that’s a more reasonable approach. As I indicated in my remarks, the key is to be able to plan. If you can get your answer within three days and you can get it done within 10, that’s fine, but the key is to plan. As long as you know it may take a couple of weeks, you can deal with and work around that delay.

It is a shorter digging season in northern Ontario. We have to deal with that. Ontario One Call will have the flexibility of a number of other tools and options short of AMPs, or administrative monetary penalties, to help ensure compliance with the law and the timelines.

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  • Feb/21/24 10:00:00 a.m.

I thank the member for the question. It does bring into play an intersection of a number of issues. I submit that municipalities—you mentioned municipalities would have concerns about this. A significant portion of annual locate requests exist to ensure the continued safety and growth of their communities. Sadly, the NDP sees this as an opportunity to try and continue denying Ontarians improved services designed to help them.

I submit that the member should have no fear about that particular concern that he raises. The implication is that—the practice of disclosure is fully addressed by this bill. I have no concerns whatsoever. I see an improvement in safety and efficiency.

I did not know, as I tabled this bill at first reading, what the outcome would be in terms of support, but I was delighted to see, not only after the consultations that preceded the tabling of this bill but during the committee process and in the debate in this House, how much consensus there is around these improvements. I’m very proud of that, and I thank all those who gave input to show that we’re going on the right track.

The incarnation of this act in 2012 was also something that was about consensus: safe building of infrastructure.

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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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  • Feb/20/24 11:00:00 a.m.

My ministry and our government are always looking for alternative service delivery models, building on a century of private sector delivery models. Small business will always be part of that, but the retail partnership process is also such a great success, with the extended hours, with the convenience and the community hubs associated with it. Every single location that was due to expire anyway, every single one of those employees is eligible for employment at any one of the retail partnerships, including that of Staples Canada.

This is good news for Ontarians. They welcome the longer hours—up to 9 p.m. weeknights, all day Saturday—more accessibility, more parking and the convenience of online booking. That is interaction with government that puts the customer first. The people of Ontario come first every time with ServiceOntario.

As I have indicated, there are no job losses whatsoever on the government side. Everyone on the private side has the opportunity and are eligible for employment at the extended-hours locations of the nine Staples Canada locations.

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  • Feb/20/24 10:30:00 a.m.

I’d like to welcome to the House today an excellent lawyer from Durham, Ms. Kelli Preston, and her son Liam, a major in political science.

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  • Nov/22/23 10:30:00 a.m.

I’d like to welcome to the House today a great barrister in the province of Ontario who has appeared in every level of court up to the Supreme Court of Canada, and a great friend, Paul McDonald.

I’d also like to welcome Tony Stolk, a great resident of Durham region and a great community activist.

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Well, the Ontario Infrastructure Bank is consistent with the purpose of any bank, which is to make capital available more readily for important infrastructure investments.

To the point at the beginning of the question about affordability: Again, there’s technical legal language in the act which is exactly about “affordability,” even though the word isn’t there; it’s an extension of what is about affordability.

If you look at page 67 of the actual fall economic statement, it begins with “Keeping Your Costs Down,” “Putting Money Back in Your Pocket,” "a challenging time” in Ontario “amid high inflation”—and referencing, specifically, the gasoline tax cut of 5.7 cents per litre and the fuel tax by 5.3 cents per litre, “helping to lower consumer-price inflation.” I could give you lots of synonyms. But this is all about affordability for the people of Ontario.

I can tell you that not only will it go over well in my riding of Durham, but it is going over so well. I have received countless communications of support. It’s actually hard to pick one, because depending on who I’m speaking to on a given day—and we have the annual Santa Claus parade coming up in Bowmanville on Saturday. I’m looking forward to it for many reasons—including hearing more input from people’s favourites. I really can’t pick a favourite because so many people come to me with different ones. The increasing of the minimum wage, October 1, 2023; the improving Ontario Disability Support Program; the elimination of the licence sticker fees; helping seniors through the Ontario Seniors Care at Home Tax Credit—that’s probably one of my favourites, because I happen to have my mother-in-law living with us, for many, many years, and my mother in the summer, and I know how many families want to be able to do that. So that probably—if I have to pick a favourite—is my favourite one on affordability because it helps keep families and seniors together.

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To the member for Ottawa West–Nepean: Is the member aware that in addition to section 60 of this act, which is the first attempt by way of legislation to deal with notices of security interest and having a period of 15 days proposed to have them discharged when a consumer withdraws from a contract or cancels a contract, parallel to that as we debate here today, there’s a window for consultation specifically on what we can do in the here and the now to tackle the bad actors on notices of security interest between now and December 1?

Is she aware of that, and will she participate, to her point of co-operation, in assisting us and finding immediate solutions in the here and the now?

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I have a question for my friend, the member opposite, who is a very capable critic in regard to this particular ministry. I listened carefully to the concerns he raised in his remarks today about NOSIs. We’re equally concerned about it.

Can the member confirm that he agrees that section 60 of this proposed bill is a good start? But parallel to that, with our consultation period, which will continue on what we can do in the here and the now parallel to section 60, can he agree that he’ll be participating and encouraging others to participate in our consultation period on NOSIs, which concludes December 1?

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  • Oct/18/23 11:30:00 a.m.

Mr. Speaker, through you again: The member is absolutely right. The most important stakeholder we have are the people of this great province, and we need to be speaking directly with them and to listen to them to build a solution that protects them from bad actors using NOSIs to drain their pockets.

But I want to take this opportunity and also thank our member from Markham–Unionville for bringing forward his motion to investigate this issue more deeply because of consumer concerns, as well as the great member from Kitchener–Conestoga for his work with the Waterloo Regional Police Service to raise awareness of this widespread fraud.

Speaker, this is why my ministry is consulting with consumers, businesses and experts alike to determine the best solution possible, and this is only the first of many steps to come for our fellow citizens.

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