This regulation defines terms and sets prescribed requirements for designated broadband projects, including compliance requirements, an indemnity obligation, municipal permit rules, and a 100-metre geographic area.
Definition 1. In this Regulation, “Board” has the same meaning as in the Ontario Energy Board Act, 1998; (“Commission”) “distribution system” has the same meaning as in the Ontario Energy Board Act, 1998; (“réseau de distribution”) “Infrastructure Regulation” means Ontario Regulation 410/22 (Electricity Infrastructure - Designated Broadband Projects) made under the Ontario Energy Board Act, 1998. («Règlement sur l’infrastructure») O. Reg. 436/22, s. 1; O. Reg. 585/22, s. 1; O. Reg. 417/23, s. 1. “Actual cost” 2. For the purposes of the definition of “actual cost” in section 2 of the Act, the prescribed costs are the costs referred to in subsection 5 (7) of the Infrastructure Regulation, whether or not the proponent and the distributor or transmitter have agreed on the apportionment of those costs. Prescribed requirement, s. 4 (1) of the Act 3. Compliance with the requirements of the Infrastructure Regulation is prescribed for the purposes of subsection 4 (1) of the Act. Apportioning costs 4. For the purposes of clause 8 (2) (b) of the Act, the prescribed requirements are those set out in subsection 5 (7) of the Infrastructure Regulation. Modifying order, circumstances 5. For the purposes of subsection 6 (3) of the Act, the following are the prescribed circumstances when a notice issued in accordance with clause 4 (1) (a) of the Act may specify modifications to an order of the Board referred to in that clause and described in section 9 of the Infrastructure Regulation: 1. The order of the Board includes or otherwise refers to a time period regarding a requirement under the Ontario Energy Board Act, 1998 or the Act with respect to when something must be done, and the notice will modify the order in order to reduce, increase or otherwise clarify the time period, subject to the conditions, if any, set out in the notice. 2. The order of the Board does not refer to a time period regarding a requirement described in paragraph 1 and the notice will modify the order in order to set a time period, subject to the conditions, if any, set out in the notice. O. Reg. 585/22, s. 2. Requirements, s. 9 (3) of the Act 5.0.1. For the purposes of subsection 9 (3) of the Act, the following are the prescribed requirements that apply to a proponent who carries out work authorized under clause 9 (1) (b) of the Act in respect of a distributor described in subsection 9 (1) of the Act: 1. The work is to be carried out by persons who meet the requirements set out in the definition of “competent person” in Ontario Regulation 22/04 (Electrical Distribution Safety) made under the Electricity Act, 1998. 2. The proponent must provide to the distributor an indemnity for any damage or deficiency to the distributor’s distribution system resulting from conducting the work that applies during the period in which the work is being conducted by persons referred to in paragraph 1 and for at least 120 days after the work is completed. O. Reg. 417/23, s. 2. Municipal service and right of way access application 5.1 (1) For the purposes of section 10.1 of the Act, a municipality is not permitted to require that a proponent enter into any agreement with the municipality. O. Reg. 184/23, s. 1. (2) Despite subsection (1), a municipality is permitted to require that the proponent is to, (a) commit, in writing or otherwise, to taking steps as soon as reasonably possible to negotiate and finalize, in good faith, an agreement with the municipality in connection with the municipal service and right of way access under section 10.1 of the Act, if the municipality requests this agreement with the proponent; and (b) comply with an agreement described in clause (a). O. Reg. 184/23, s. 1. (3) Despite subsection (1), a municipality is permitted to require that the proponent obtain the following, as may be applicable: 1. Building permits. 2. Road occupancy permits. 3. Utility cut permits, road cut permits, or both. 4. Municipal consent permits. 5. Right of way activity permits. 6. Any other municipal permits that may be necessary for the construction and deployment of the designated broadband project. O. Reg. 184/23, s. 1. (4) If a proponent refuses to comply with a requirement described in subsection (2) or (3), the municipality is permitted to do either or both of the following: 1. Treat the refusal as a failure of the proponent to comply with a condition of a municipality and not issue the applicable consent, permit or other approval under clause 10.1 (3) (a) of the Act. 2. Treat the refusal as a material deficiency or material issue for the purposes of clause 10.1 (3) (b) of the Act. O. Reg. 184/23, s. 1. Compensation 6. The Infrastructure Regulation is prescribed for the purposes of subsection 26 (7) of the Act, in respect of the compensation, if any, that is included in an order of the Board described in section 9 of that Regulation. O. Reg. 585/22, s. 2. Prescribed geographic area 7. For the purposes of subsection 20.1 (1) of the Act, the prescribed geographic area that is applicable to every designated broadband project is the area within 100 metres of the project. O. Reg. 183/23, s. 1.