Robert Excavating Fined $15,000+ for Damaging Pipeline
Six homes evacuated, and 20 homes lost service
Toronto, ON, May 25, 2023 – Robert Excavating pled guilty last Thursday to damaging a pipeline, an offense under the Technical Standards and Safety Act. As a result of the damage, six Ottawa homes were evacuated, and 20 homes lost service. The Ontario Court of Justice ordered Robert Excavating to pay a total fine of $15,000, plus a 25 per cent victim surcharge.
In August 2021, Robert Excavating and its subcontractor were performing a water rehabilitation project. Robert Excavating’s subcontractor struck a two-inch polyethylene pipeline with a mechanical excavator, causing gas to escape. While valid locates were obtained and locate marks were made on site, the pipeline was not located by hand digging prior to the use of mechanical equipment. In addition, the subcontractor was excavating within the one metre boundary of the pipeline.
“Any excavation work must comply with Ontario’s safety laws, including obtaining a valid pipeline locate before breaking ground and not using mechanical equipment while digging within one metre of a pipeline,” said Sam Sadeghi, Statutory Director, Fuels Safety Program, TSSA. “The consequences of not abiding by these laws can be catastrophic, as puncturing a gas line can result in damage, explosions, injury and even death.”
TSSA reminds Ontarians to contact Ontario One Call at 1-800-400-2255 to have cables, wires, and pipes located before digging to avoid hitting underground facilities, such as gas, hydro, cable, and phone lines. Damaged pipelines and subsequent gas release should be reported immediately to the Ministry of Environment’s Spills Action Centre at 1-800-268-6060 or by contacting TSSA toll-free at 1-877-682-8772.
About TSSA
Throughout Ontario, the Technical Standards and Safety Authority (TSSA) administers provincial safety regulations and enhances public safety. TSSA regulates the safety of amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers, and ski lifts. Its range of safety services include public education authorization, engineering design review, inspections, investigations, compliance support, enforcement, and prosecution activities.
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For more information, please contact:
Alexandra Campbell
Vice President, Communications and Stakeholder Relations
Technical Standards and Safety Authority
Telephone: 416-734-6227
Email: media@tssa.org
A Schomberg construction and excavating company has been ordered by the Ontario Court of Justice to pay a $20,000 fine, after appealing a May 2019 conviction for damaging a pipeline.
During a construction project for a municipality, a Trisan Construction worker attempted to expose a gas line using a hand shovel and accidentally punctured it, causing gas to escape.
After TSSA laid regulatory charges, Trisan Construction was convicted and appealed the Court’s ruling. The Court ultimately held that Trisan was not duly diligent when excavating around the pipeline and relied on an outdated locate.
The appeal, which was launched in 2019, adjourned several times due to court closures and delays caused by COVID-19 pandemic restrictions. When a decision was issued in February 2022, the Court upheld the trial court’s conviction under section 10 of Ontario Regulation 210/01 of the Technical Standards and Safety Act, 2000, which prohibits interfering with or damaging a pipeline, and sentence imposed by the trial court, a fine of $20,000.
“Piercing a gas line is a significant risk to public safety, as it can result in explosions, damage, injury and death,” said Sam Sadeghi, Statutory Director, Fuels Safety Program, TSSA. “That’s why Ontario has stringent laws around pipeline safety, including rules to obtain a valid locate before breaking ground.”
TSSA reminds the public that any excavation work must comply with Ontario’s safety laws, including obtaining a valid pipeline locate before breaking ground and not using mechanical equipment while digging within one metre of a pipeline. Free locates can be obtained from Ontario One Call at 1-800-400-2255, or by visiting www.on1call.com. Any damage and/or subsequent release of gas should be immediately reported to the Ministry of Environment’s Spills Action Centre at 1-800-268-6060 or by contacting TSSA toll-free at 1-877-682-8772.
Full details about the Trisan Construction trial are available in the court file.