the safety of obtaining locates


The law: The Construction Regulation (Ontario Regulation 213/91), Section 228

1-Before an excavation [the hole that is left in the ground as a result of removing material] is begun,
​(a) gas, electrical and other services in and near the area to be excavated shall be accurately located and marked; [. . .]

​2-The employer who is responsible for the excavation shall request the owner of the service to locate and mark the service.

​Fines and penalties

The Ministry of Labour (MOL) can issue charges under the Occupational Health and Safety Act based on violations of the Construction Regulation.

-An individual can receive a maximum fine of $25,000, a sentence of up to 12 months in prison, or both.

-A corporation can receive a maximum fine of $500,000.Th e Technical Standards and Safety Authority (TSSA) can also lay charges.

What the excavator must do
The excavator must contact the owners of any underground utilities that may be in that location for a locate request. To locate many underground services, contact Ontario One Call at 1-800-400-2255. To ensure a timely locate have all relevant information about your company and the dig site available for Ontario One Call or other utilities that you contact. Note that Ontario One Call requires fi ve working days to process a faxed request.To help the locator on site, the excavator must white line the dig area.1.2