O. Reg. 87/23: ADMINISTRATIVE PENALTIES

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ontario regulation 87/23

made under the

Ontario Underground Infrastructure Notification System Act, 2012

Made: May 10, 2023
Filed: May 11, 2023
Published on e-Laws: May 11, 2023
Published in The Ontario Gazette: May 27, 2023

Administrative Penalties

Prescribed provisions, s. 17.2 of the Act

1. For the purpose of imposing an administrative penalty, the provisions of the Act set out in Column 1 of Table 1 are prescribed.

Amount of penalty

2. The amount of the administrative penalty for a contravention of a provision set out in Column 1 of Table 1 is the amount set out opposite the provision in Column 2.

Daily penalty

3. (1) If a contravention occurs on or continues for more than one day, the assessor may impose a separate administrative penalty for each day or part of a day on which the contravention occurs or continues.

(2) Despite subsection (1), the maximum amount that may be imposed in respect of a contravention of a provision set out in Table 1 is the amount specified in subsection 17.2 (4) of the Act.

Contents of order

4. An order imposing an administrative penalty must contain the following information:

1.  The name of the person against whom the order is being made.

2.  A description of the contravention to which the order relates.

3.  The place where the contravention occurred.

4.  The date or dates on which the contravention occurred.

5.  The amount of the administrative penalty.

6.  An indication that payment is to be made to the Corporation in accordance with subsection 17.2 (2) of the Act and an explanation of the methods by which payment may be made.

7.  A statement that the person is required to pay the administrative penalty within 30 days after the date of service.

8.  An indication that the person may appeal the order in accordance with section 17.3 of the Act.

Deemed service

5. An order imposing an administrative penalty is deemed to have been served,

(a)  on the day it is given, if it is given by personal service;

(b)  on the day it is sent by email, if it is sent by email; or

(c)  on the third day after it is mailed, if it is sent by registered mail.

Use of penalties collected

6. The following are the purposes for which the Corporation may use the funds it collects as administrative penalties:

1.  To support compliance with the Act by providing education to persons involved in the identification of underground infrastructure that may be affected by an excavation or dig, including excavators, locators and members of the Corporation.

2.  To raise public awareness of the need for safe digging and to promote safe digging practices.

3.  To promote and undertake activities to support and improve timely responses to locate requests, including,

i.  by improving any system operated by, or on behalf of, the Corporation for locate requests, including any of the Corporation’s mapping information systems,

ii.  by supporting and promoting the use of dedicated locators, including through communications and educational activities,

iii.  by encouraging more persons to become locators, and

iv.  by carrying out research, studies, analyses or consultations.

4.  To fund the administration of the system of administrative penalties.

Revocation

7. Ontario Regulation 14/23 is revoked.

Commencement

8. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 to 6 and Table 1 come into force on April 1, 2024.

Table 1

Item	Column 1 Provision of the Act (with Headnote)	Column 2 Amount
1.	Subsection 6 (3) (Time limit for response, standard locate request)	$300
2.	Subsection 6 (4) (Same, emergency locate request)	$1,000
3.	Subsection 7 (5) (Notice to include information)	$200
4.	Clause 7 (7) (a) or (b) (Selection of dedicated locator)	$250
5.	Paragraph 1 or 2 if subsection 9 (1) (Change in information after locate)	$250
6.	Subsection 10 (1) (Commencement of excavation or dig)	$10,000
7.	Subsection 10 (2) (Continuation after expiry of validity period)	$8,000
8.	Section 11 (Sharing locate information)	$200
9.	Subsection 12 (1) (Standard locate request)	$250
10.	Subsection 14 (1) (Confirmation of response to locate request)	$250

Made by:
Pris par :

Le ministre des Services au public et aux entreprises,

Kaleed Rasheed

Minister of Public and Business Service Delivery

Date made: May 10, 2023
Pris le : 10 mai 2023

 

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