ontario regulation 34/26

made under the

Ontario Underground Infrastructure Notification System Act, 2012

Made: February 20, 2026
Filed: February 25, 2026
Published on e-Laws: February 25, 2026
Published in The Ontario Gazette: March 14, 2026

Continuation after expiry of validity period

Prescribed circumstances, par. 3 of s. 10 (2) of the Act

1. (1) This Regulation prescribes circumstances for the purposes of paragraph 3 of subsection 10 (2) of the Act.

(2) The following are the prescribed circumstances that apply if the excavator is the excavator who submitted the locate request and is identified in the locate document referred to in paragraph 1 of subsection 6 (1) of the Act or paragraph 1 of subsection 7 (10) of the Act, as the case may be:

1. The excavation or dig site does not contain transmission infrastructure.

2. The digging is at a depth of at least one metre beneath the lowest identified underground infrastructure.

3. The excavator retains care and control of the excavation or dig site identified in the locate document.

4. The excavator has provided the Corporation with a statement in writing, no earlier than 15 days before the expiry of the locate validity period and no later than 10 days before the expiry of the period, confirming that there have been no changes to any of the following since the excavator received the locate document referred to in paragraph 1 of subsection 6 (1) of the Act or paragraph 1 of subsection 7 (10) of the Act, as the case may be:

i. The location of the excavation or dig site.

ii. The excavation or dig site description that was identified by the excavator in the locate request.

iii. The description of the located area, including any identified underground infrastructure and points of reference.

iv. The conditions set out in the locate document referred to in paragraph 1 of subsection 6 (1) of the Act or paragraph 1 of subsection 7 (10) of the Act, as the case may be.

v. The description of the excavation activities, including the depth of digging, type of work and method of excavation identified by the excavator.

5. The information set out in the statement referred to in paragraph 4 has not changed since the excavator provided the statement to the Corporation.

6. The excavator has provided an undertaking to the Corporation, no earlier than 15 days before the expiry of the locate validity period and no later than 10 days before the expiry of the period, that affected members will have access to the excavation or dig site to perform on-site inspections to ensure the structural integrity of their underground infrastructure.

7. The excavator has provided an undertaking to the Corporation, no earlier than 15 days before the expiry of the locate validity period and no later than 10 days before the expiry of the period, that the excavator will notify the Corporation if any of the following occur:

i. Either of the circumstances set out in paragraphs 1 and 2 cease to apply.

ii. The excavator no longer retains care and control of the excavation or dig site identified in the locate document.

iii. Any of the information described in subparagraphs 4 i to v changes.

iv. Affected members no longer have access to the excavation or dig site to perform on-site inspections to ensure the structural integrity of their underground infrastructure.

8. The excavator is in compliance with the undertakings referred to in paragraphs 6 and 7.

9. The excavator has received a document from the Corporation that confirms that the Corporation has received the statement referred to in paragraph 4 and the undertakings referred to in paragraphs 6 and 7, and the excavator maintains the document at the excavation or dig site.

10. The excavator maintains, at the excavation or dig site, the locate document referred to in paragraph 1 of subsection 6 (1) of the Act or paragraph 1 of subsection 7 (10) of the Act.

11. The number of days since the last locate document referred to in paragraph 1 of subsection 6 (1) of the Act or paragraph 1 of subsection 7 (10) of the Act is provided by an affected member in respect of the excavation or dig does not exceed 180 days.

(3) The following are the prescribed circumstances that apply if the excavator is an excavator who received from another excavator (the “other excavator”) the information referred to in paragraph 1 of subsection 6 (1) of the Act pertaining to the same excavation or dig parameters as the excavator’s own excavation or dig, including the geographical limits of the area subject to the locate request, in accordance with section 11 of the Act:

1. The excavator has received a copy of the document described in paragraph 9 of subsection (2) from the other excavator and maintains the copy at the excavation or dig site.

2. The excavator maintains, at the excavation or dig site, the information referred to in paragraph 1 of subsection 6 (1) of the Act that the excavator received from the other excavator.

3. The circumstances set out in subsection (2) exist with respect to the other excavator.

Commencement

2. This Regulation comes into force on the later of November 1, 2026 and the day this Regulation is filed.

Made by:
Pris par :

Le ministre des Services au public et aux entreprises et de l’Approvisionnement,

Stephen Crawford

Minister of Public and Business Service Delivery and Procurement

Date made: February 20, 2026
Pris le : 20 février 2026