19.01.2013 Views

Fall 2005 - Ontario Sewer and Watermain Construction Association

Fall 2005 - Ontario Sewer and Watermain Construction Association

Fall 2005 - Ontario Sewer and Watermain Construction Association

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

One Call Legislation<br />

Using legislation to<br />

back-up the One-<br />

Call procedures only<br />

makes sense <strong>and</strong> the<br />

OSWCA is working<br />

hard to make this happen. While<br />

pushing through any form of legislation<br />

is a difficult task, One-Call<br />

legislation has its own challenges –<br />

including the separation of provincial<br />

<strong>and</strong> federal jurisdictions.<br />

Last year, the <strong>Ontario</strong> Regional<br />

Common Ground Alliance (ORCGA)<br />

developed a Best Practices Guide<br />

modelled on a similar document<br />

developed by the Common Ground<br />

Alliance in the US. However, when<br />

comparing the two guides, one major<br />

difference is that every state in the US<br />

has some form of One-Call legisla-<br />

tion, whereas that is absent in Canadian<br />

jurisdictions. US legislation<br />

covers all underground infrastructure.<br />

In Canada, we run into difficulties<br />

because telecoms are federally regu-<br />

Facing challenges<br />

By Cheryl Rego<br />

Zechner said that after a certain point, the task<br />

force has to give the issue up to provincial<br />

legislators <strong>and</strong> urge them to move it through.<br />

“One of the optimistic elements is that we are<br />

trying to approach the <strong>Ontario</strong> government on a<br />

consensus basis by having a broad representation<br />

of stakeholders who agree to the proposed<br />

legislation <strong>and</strong> thereby reduce the likelihood of<br />

opposition,” he said.<br />

lated through the CRTC <strong>and</strong> the rest<br />

of the underground utilities are<br />

provincially regulated.<br />

Frank Zechner, an independent<br />

legal practitioner who assists OSWCA<br />

on various matters, said that One-Call<br />

legislation would promote public<br />

safety <strong>and</strong> worker safety, protect<br />

underground plant <strong>and</strong> reduce overall<br />

costs to the province. He said<br />

provincial laws first need to be put in<br />

order <strong>and</strong> then we can deal with federal-provincial<br />

jurisdiction issues.<br />

“In <strong>Ontario</strong> we have a regulatory<br />

gap,” he said. “We have legislation<br />

through the Energy Act <strong>and</strong> now<br />

under TSSA [Technical St<strong>and</strong>ards<br />

Safety Authority] for people to<br />

require a locate <strong>and</strong> for gas companies<br />

to respond to locate. In November<br />

2004, we finally got a similar<br />

regulation in place for the electrical<br />

distributors. The Occupational<br />

Health <strong>and</strong> Safety Act requires excavators<br />

to obtain locates <strong>and</strong><br />

arguably requires utilities to respond<br />

but there is not one st<strong>and</strong>ard legislation<br />

that we feel is adequate to regulate<br />

One Call procedures.”<br />

Zechner said that one stumbling<br />

block is that telecoms are federally<br />

regulated through the CRTC <strong>and</strong> are<br />

immune to certain provincial legislation.<br />

“The hope is that once we<br />

develop a bill in <strong>Ontario</strong>, we might<br />

initiate a dialogue with the CRTC<br />

<strong>and</strong> other federal bodies <strong>and</strong> have<br />

them adopt our law as one of their<br />

requirements or to pass parallel legislation,”<br />

he said.<br />

In 2002, the National Telecommunications<br />

Damage Prevention<br />

Council (NTDPC) in the US developed<br />

a model One Call bill for US<br />

state legislation. The ORCGA One-<br />

The Undergrounder / <strong>Fall</strong> <strong>2005</strong> • 19

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!