Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.
O. Reg. 184/23: DEFINITIONS AND PRESCRIBED PROVISIONS
filed June 30, 2023 under Building Broadband Faster Act, 2021, S.O. 2021, c. 2, Sched. 1
Skip to contentontario regulation 184/23
made under the
Building Broadband Faster Act, 2021
Made: June 29, 2023
Filed: June 30, 2023
Published on e-Laws: June 30, 2023
Published in The Ontario Gazette: July 15, 2023
Amending O. Reg. 436/22
(DEFINITIONS AND PRESCRIBED PROVISIONS)
1. Ontario Regulation 436/22 is amended by adding the following section:
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.
(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).
(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.
(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.
Commencement
2. This Regulation comes into force on the later of July 1, 2023 and the day this Regulation is filed.
Made by:
Pris par :
La ministre de l’Infrastructure,
Kinga Surma
Minister of Infrastructure
Date made: June 29, 2023
Pris le : 29 juin 2023