Continuation to dig after a locate expires: Ontario's November 1, 2026 rule, explained for contractors.
Manish builds Dig Window, locate ticket software that runs on Ontario Dig Authority (formerly Ontario One Call) tickets every working day. This guide follows Ontario Dig Authority's published guidance and is updated when that guidance changes.
Short version: from November 1, 2026, the excavator who requested a locate can keep digging after it expires without a relocate, but only while every condition is met. There are seven conditions: no transmission infrastructure, digging at least one metre below the lowest identified infrastructure, continued care and control of the site, a statement and an undertaking filed 15 to 10 days before expiry, the locate document kept on site, and no more than 180 days since an affected owner last provided a locate document. Filing alone is not enough. Miss any of it and the old rule applies: no valid locate, no digging.
What the regulation does
Each infrastructure owner sets how long its locate is valid, with a minimum of 60 days. Once a locate expires, you request a relocate and wait for every owner to respond again, even on a job where nothing has moved.
The new regulation, O. Reg. 34/26 under the Ontario Underground Infrastructure Notification System Act, 2012, takes effect November 1, 2026. It adds an optional pathway: an eligible excavator may continue past the expiry date, up to a 180 day limit, instead of requesting a relocate. It applies to the excavator who requested the locate, ticket by ticket, and every condition must hold for the whole time you rely on it.
The seven conditions: all of them, the whole time
Ontario Dig Authority lists the conditions as A to G. All seven must be met.
No transmission infrastructure
The dig site does not contain any transmission infrastructure, such as high voltage electricity or high pressure oil and gas lines. If the locate identifies any, this pathway is not available.
At least one metre below
Digging is happening at least one metre below the lowest identified underground infrastructure.
Care and control of the site
The excavator keeps care and control of the dig site: providing what is needed to maintain and protect it, and holding authority over it.
Statement of no change
A written statement, filed 15 to 10 days before expiry, confirming nothing has changed: the site location, the site description, the located area and identified infrastructure, the conditions in the locate document, and the excavation details (depth, type of work and method).
Undertaking to report changes
A second written statement, filed in the same window, undertaking to notify Ontario Dig Authority if any of the circumstances stop applying. You also undertake that affected infrastructure owners will have access to the site to inspect their plant.
Locate document on site
The original locate document is kept at the dig site.
180 day limit
No more than 180 days have passed since an affected infrastructure owner last provided a locate document. The 180 days include the original validity period.
The timing: three dates to manage
| Date | What happens |
|---|---|
| Locate provided | The date an affected infrastructure owner last provided a locate document. The 180 day limit counts from here. Check each response, because this can differ from a date printed elsewhere. |
| 15 to 10 days before expiry | The filing window for the statement and undertakings. Too early or after expiry does not count. Ontario Dig Authority then issues a Continuing to Dig Confirmation, by email or as a PDF in its portal. |
| 180 days after the locate | The limit. Digging under the regulation cannot run past this point, however the site looks. A new locate request is required to keep going. |
A worked example
Assume a locate document provided on November 3, 2026 with a 60 day validity period.
- The validity period ends January 2, 2027.
- The filing window opens December 18 (15 days before) and closes December 23, 2026 (10 days before).
- The 180 day limit is May 2, 2027. Anything not finished by then needs a new locate request, sent early enough for the owners' response time.
Check each response for the validity period and date that apply; the example assumes exactly 60 days.
What you must keep doing while you rely on it
- Keep the documents on site: the original locate document and Ontario Dig Authority's confirmation of your statement and undertakings.
- Give infrastructure owners access to inspect their plant if they ask.
- Notify Ontario Dig Authority if anything covered by your statement changes, or a condition stops applying. At that point the pathway closes and a relocate is required before further digging.
- Keep meeting all seven conditions for the whole period.
You have to ask for it, every time. The regulation does not extend locates by default. Nothing happens unless you file inside the window and meet every condition. The duty to dig safely (hand exposure, the tolerance zone, support and protection of plant) is unchanged.
Shared locates
Additional rules apply when you work from locate information another excavator shared with you. The work must match the same excavation parameters, including the geographic limits. You must hold a copy of the other excavator's confirmation document and the shared locate information at the site, and the other excavator must continue to meet the regulation.
Which jobs this fits
The pathway suits long, staged work where the marked infrastructure is already above you: deep sewer and watermain trenching, shaft and tunnel work and large open excavations. It does little for shallow work in and around marked plant, and nothing for a site with transmission infrastructure. For those jobs the relocate cadence does not change on November 1.
Frequently asked questions
Can I keep digging in Ontario after my locate expires?
From November 1, 2026, yes, if you are the excavator who requested the locate and every condition in the continuation to dig regulation is met: no transmission infrastructure at the dig site, digging at least one metre below the lowest identified infrastructure, continued care and control of the site, a statement and two undertakings filed with Ontario Dig Authority 15 to 10 days before the locate expires, the locate document and Ontario Dig Authority's confirmation kept on site, and no more than 180 days since an affected infrastructure owner last provided a locate document. Otherwise you need a relocate before the validity period ends.
How long is a locate valid in Ontario?
Each infrastructure owner sets the validity period on its locate, with a minimum of 60 days. Check each response for the date that applies. The continuation regulation is a separate, optional pathway, not a general extension.
When do I file to continue digging?
Between 15 and 10 days before the locate's validity period expires. Filing earlier or after expiry does not count. Ontario Dig Authority then issues a Continuing to Dig Confirmation by email or as a PDF in its portal.
What is the 180 day limit?
Digging under the regulation can continue for up to 180 days in total from the date the last locate document was provided by an affected infrastructure owner. The 180 days include the original validity period; they are not added after expiry.
Does it apply if there is transmission infrastructure on site?
No. The dig site must not contain any transmission infrastructure. If a transmission pipeline or line is identified, the pathway is not available and a relocate is required.
Does it work with shared locates?
Additional rules apply. The receiving excavator must hold a copy of the other excavator's confirmation document and the shared locate information at the site, the work must match the same excavation parameters, and the other excavator must continue to meet the regulation.
When does the regulation take effect?
November 1, 2026. It is O. Reg. 34/26 under the Ontario Underground Infrastructure Notification System Act, 2012, and it is separate from the October 1, 2026 rebrand of Ontario One Call to Ontario Dig Authority. The rebrand is explained here.
How Dig Window handles continuation
Dig Window tracks every locate's validity period and the response clock today, and a coordinator can set a ticket to Continuation by hand. Tracking the 10 to 15 day confirmation window, the undertakings and the 180-day cap inside the tracker is on our roadmap. Until it ships, those steps stay with your team: file the statement and undertakings with Ontario Dig Authority, and keep the original locate documents and ODA's receipt on site.
See how Dig Window worksSources: Ontario Dig Authority, "New Continuation to Dig After Expiry of Validity Period Regulation" and "FAQ Guide: Continuation to Dig Regulation". The regulation: O. Reg. 34/26 under the Ontario Underground Infrastructure Notification System Act, 2012. This page is a plain language summary for contractors, not legal advice; the regulation, the Act and Ontario Dig Authority's guidance govern, and this guide does not authorize excavation. Questions about the regulation go to Ontario Dig Authority. The date at the top is the last revision.