RE: Bill 153, Building Infrastructure Safely Act, 2024

We find it difficult to offer fulsome commentary regarding the Bill’s proposal to remove the excavator recourse provision of the One Call Act that entitles excavators to compensation and recourse through the Ontario Land Tribunal against underground infrastructure owners and operators for failing to provide a locate within the legislated time limit. [...] The spirit of AMPs was to “strengthen Ontario One Call’s enforcement and compliance framework by providing an additional tool for it to use to promote compliance with the One Call Act”. [...] We urge the Government of Ontario to continue its focus on improving the underground utility locates process in the province by also focusing on reducing the overall volume of locates in the system. [...] These elements include eliminating the need for relocates on non-linear excavation construction sites; expanding the locate validity period; utilizing and maximizing the dedicated locator model; simplifying the sharing of locates among multiple contractors for the same job; and creating a certified locator training course. [...] Timely and predictable delivery of locates are essential to critical infrastructure and housing projects across the province, and RCCAO will remain involved in improving this vital system for the benefit of all Ontarians.