July 27, 2013

 Industry Canada Guidelines  for non-compliance by the proponent,

·      Bell Mobility:

·      Section 4.1

·      Section 4.2-2

·      Section 4.2 (Public Notification) – 2

·      Section 4.2 (Responding to the Public) – 1, 2, 3

4. Land-use Authority and Public Consultation

Contacting the Land-use Authority

Proponents must always contact the applicable land-use authorities to determine the local consultation requirements unless their proposal falls within the exclusion criteria outlined in Section 6. If the land-use authority has designated an official to deal with antenna systems, then proponents are to engage the authority through that person. If not, proponents must submit their plans directly to the council, elected local official or executive. Proponents are expected to establish initial formal contact with the land-use authority in writing in order to mark the official commencement of the 120-day consultation process.

Proponents should note that there may be more than one land-use authority with an interest in the proposal. Where no established agreement exists between such land-use authorities, proponents must, as a minimum, contact the land-use authority(ies) and/or neighbouring land-use authorities located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater. As well, in cases where proponents are aware that a potential Aboriginal or treaty right or land claim may be affected by the proposed installation, they must contact Industry Canada in order to ensure that the requirements for consultation are met.

Following the Land-use Authority Process

Proponents must follow the land-use consultation process for the siting of antenna systems, established by the land-use authority, where one exists. In the event that a land-use authority's existing process has no public consultation requirement, proponents must then fulfill the public consultation requirements contained in Industry Canada's Default Public Consultation Process (see Section 4.2). Proponents are not required to follow this requirement if the LUA's established process explicitly excludes their type of proposal from consultation or it is excluded by Industry Canada's criteria. Where proponents believe the local consultation requirements are unreasonable, they may contact the local Industry Canada office in writing for guidance.

Broadcasting Undertakings

Applicants for broadcasting undertakings are subject to Canadian Radio-television and Telecommunications (CRTC) licensing processes in addition to Industry Canada requirements. Although Industry Canada encourages applicants to consult as early as practical in the application process, in some cases it may not be prudent for the applicants to initiate public and municipal/land-use consultation before receiving CRTC approval, as application denial by the CRTC would result in unnecessary work for all parties involved. Therefore, assuming that the proposal is not otherwise excluded, broadcasting applicants may opt to commence land-use consultation after having receivedCRTC approval. However, broadcasting applicants choosing this option are required, at the time of theCRTC application, to notify the land-use authority with a Letter of Intent outlining a commitment to conduct consultation after receiving CRTC approval. If the land-use authority raises concerns with the proposal as described in the Letter of Intent, applicants are encouraged to engage in discussions with the land-use authority regarding their concerns and attempt to resolve any issues. See Broadcasting Procedures and Rules, Part 1 (BPR-1), for further details.

4.1 Land-use Authority Consultation

Industry Canada believes that any concerns or suggestions expressed by land-use authorities are important elements to be considered by proponents regarding proposals to install, or make changes to, antenna systems. As part of their community planning processes, land-use authorities should facilitate the implementation of local radiocommunication services by establishing consultation processes for the siting of antenna systems.

Unless the proposal meets the exclusion criteria outlined in Section 6, proponents must consult with the local land-use authority(ies) on any proposed antenna system prior to any construction with the aim of: 

• discussing site options;
• ensuring that local processes related to antenna systems are respected;
• addressing reasonable and relevant concerns (see Section 4.2) from both the land-use authority and the community they represent; and
• obtaining land-use authority concurrence in writing.

Land-use authorities are encouraged to establish reasonable, relevant, and predictable consultation processes^Footnote2 specific to antenna systems that consider such things as:

• the designation of suitable contacts or responsible officials;
• proposal submission requirements;
• public consultation;
• documentation of the concurrence process; and
• the establishment of milestones to ensure consultation process completion within 120 days.

Where they have specific concerns regarding a proposed antenna system, land-use authorities are expected to discuss reasonable alternatives and/or mitigation measures with proponents.

Under their processes, land-use authorities may exclude from consultation any antenna system installation in addition to those identified by Industry Canada's own consultation exclusion criteria (Section 6). For example, an authority may wish to exclude from public consultation those installations located within industrial areas removed from residential areas, low visual impact installations, or certain types of structures located within residential areas.

4.2 Industry Canada's Default Public Consultation Process

Proponents must follow Industry Canada's Default Public Consultation Process where the local land-use authority does not have an established and documented public consultation process applicable to antenna siting. Proponents are not required to follow Industry Canada's Default Public Consultation Process if the land-use authority's established process explicitly excludes their type of proposal from public consultation or it is excluded by Industry Canada's criteria (see Section 6). Industry Canada's default process has three steps whereby the proponent: 

1. provides written notification to the public, the land-use authority and Industry Canada of the proposed antenna system installation or modification (i.e. public notification);
2. engages the public and the land-use authority in order to address relevant questions, comments and concerns regarding the proposal (i.e. responding to the public); and
3. provides an opportunity to the public and the land-use authority to formally respond in writing to the proponent regarding measures taken to address reasonable and relevant concerns (i.e.public reply comment).

Public Notification

1. Proponents must ensure that the local public, the land-use authority and Industry Canada are notified of the proposed antenna system. As a minimum, proponents must provide a notification package (see Appendix 2) to the local public (including nearby residences, community gathering areas, public institutions, schools, etc.), neighbouring land-use authorities, businesses, and property owners, etc. located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater. For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, be it the outermost guy line, building edge, face of the self-supporting tower, etc.
2. It is the proponent's responsibility to ensure that the notification provides at least 30 days for written public comment.
3. In addition to the minimum notification distance noted above, in areas of seasonal residence, the proponent, in consultation with the land-use authority, is responsible for determining the best manner to notify such residents to ensure their engagement.
4. In addition to the public notification requirements noted above, proponents of antenna-supporting structures that are proposed to be 30 metres or more in height must place a notice in a local community newspaper circulating in the proposed area.^Footnote3

Responding to the Public

Proponents are to address all reasonable and relevant concerns, make all reasonable efforts to resolve them in a mutually acceptable manner and must keep a record of all associated communications. If the local public or land-use authority raises a question, comment or concern relating to the antenna system as a result of the public notification process, then the proponent is required to: 

1. respond to the party in writing within 14 days acknowledging receipt of the question, comment or concern and keep a record of the communication;
2. address in writing all reasonable and relevant concerns within 60 days of receipt or explain why the question, comment or concern is not, in the view of the proponent, reasonable or relevant; and
3. in the written communication referred to in the preceding point, clearly indicate that the party has 21 days from the date of the correspondence to reply to the proponent's response. The proponent must provide a copy of all public reply comments to the local Industry Canada office.

Responding to reasonable and relevant concerns may include contacting a party by telephone, engaging in a community meeting or having an informal, personal discussion. Between steps 1 and 2 above, the proponent is expected to engage the public in a manner it deems most appropriate. Therefore, the letter at step 2 above may be a record of how the proponent and the other party addressed the concern at hand.

Public Reply Comments

As indicated in step 3 above, the proponent must clearly indicate that the party has 21 days from the date of the correspondence to reply to the response. The proponent must also keep a record of all correspondence/discussions that occurred within the 21-day public reply comment period. This includes records of any agreements that may have been reached and/or any concerns that remain outstanding.

The factors that will determine whether a concern is reasonable or relevant according to this process will vary but will generally be considered if they relate to the requirements of this document and to the particular amenities or important characteristics of the area surrounding the proposed antenna system. Examples of concerns that proponents are to address may include: 

• Why is the use of an existing antenna system or structure not possible?
• Why is an alternate site not possible?
• What is the proponent doing to ensure that the antenna system is not accessible to the general public?
• How is the proponent trying to integrate the antenna into the local surroundings?
• What options are available to satisfy aeronautical obstruction marking requirements at this site?
• What are the steps the proponent took to ensure compliance with the general requirements of this document including the Canadian Environmental Assessment Act (CEAA), Safety Code 6, etc.?

Link to full article

July 23, 2013

Antenna Towers in Your Community — Updated October 2011

Frequently Asked Questions
(in support of CPC-2-0-03 - Radiocommunication and Broadcasting Antenna Systems)

Every day, millions of Canadians connect via radiocommunication. Radiocommunication links the country by providing us with TV and radio broadcasting, cable TV, cellphone networks, two-way radios and other radiocommunication services. Radiocommunication would not work without antennas, which, to function effectively, are often supported by towers or other tall structures. The Canadian public, businesses, police, firefighters, ambulances, air navigation systems and national defence use antenna systems, including towers, to ensure reliable radiocommunication.

Role of Industry Canada

Industry Canada is responsible for regulating radiocommunication in Canada and for authorizing radiocommunication facilities. We believe that dialogue between parties is essential for the orderly introduction of radiocommunication services into a community.

Industry Canada has developed this [pamphlet] to address commonly asked questions regarding the installation of radiocommunication antenna towers and related facilities. This pamphlet provides information on:

• the installation of new antenna-supporting structures, or the modification of existing ones
• land-use authority and public consultation
• aeronautical safety
• radio frequency field emissions
• the Canadian Environmental Assessment Act

Frequently Asked Questions

1. How will I know if a new antenna tower is being proposed for installation in my neighbourhood, and how can I share my views?

Anyone planning to install an antenna tower must follow the procedures of local land-use authorities, which may include a requirement to notify local residents. If a land-use authority does not have any procedures in place, then Industry Canada's procedures must be followed. This can include written notification to residents and groups within a radius of three times the height of the proposed structure.

Citizens having questions or comments about proposed antenna towers can make their views known through the consultation process. More information on procedures can be found on Industry Canada's website at www.ic.gc.ca/antenna.

2. Why does the antenna tower have to be in my neighbourhood?

The location of antenna towers is important in providing the quality of service that the public expects. Radio waves are limited in how far they can travel while still being reliable. Demand for wireless services is increasing rapidly; to meet this demand, more towers are required, often closer to users.

3. Can exisiting towers, or other antenna-supporting structures, be used?

Industry Canada requires antenna tower proponents to investigate the use of existing structures. In some instances, because of technical or other constraints, sharing a structure is not always feasible.

4. Who regulates antenna towers?

Industry Canada is responsible for managing the use of the radio frequency spectrum, including antenna towers.

5. Are there any safety guidelines to protect the public's health?

Health Canada has safety guidelines for exposure to radio frequency fields in its Safety Code 6 publication entitled Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz ¹. While the responsibility for developing Safety Code 6 rests with Health Canada. Industry Canada has adopted this guideline for the purpose of protecting the general public.

Industry Canada requires all radiocommunication and broadcasting operators to comply with Safety Code 6 at all times, including the consideration of combined effects of nearby installations within the local radio environment. Further, operators must respect updates made to Safety Code 6.

6. Why must the tower be painted and have lights?

Paint and lights ensure that the tower is visible to aircraft. Proponents must ensure their proposals for any antenna system are first reviewed by Transport Canada. Transport Canada will advise the proponent of any potential hazard to air navigation and the standards relating to painting and lighting for the antenna tower. Tower marking options may be available and, where concern exists, these options should be discussed with the proponent.

7. Are environmental concerns taken into consideration?
[Updated on March 31, 2011]

Yes. Industry Canada's antenna siting procedures take into consideration the requirements of theCanadian Environmental Assessment Act and other statutes where applicable.

8. Are licensees required to comply with zoning bylaws?
[Updated on April 1, 2008]

There are many provincial and local requirements such as municipal zoning bylaws that relate only incidentally to radiocommunication and are outside the purview of federal law. That being said, radiocommunication is a field exclusively within the legislative competence of the federal government. Therefore, matters that affect the establishment of federally authorized radio stations are clearly governed by the Radiocommunication Act and the policies thereunder.

However, Industry Canada's policy is to seek meaningful local input with respect to antenna siting. As outlined in the Department's Client Procedures Circular CPC-2-0-03, Industry Canada requires proponents to work with local land-use authorities and to accommodate reasonable local requirements. On occasion, local requirements may unduly impede the deployment of radiocommunication facilities orland-use authorities and proponents may not be able to reach concurrence with respect to local requirements. In those cases, proponents can petition Industry Canada for a decision in accordance with CPC-2-0-03.

9. Industry Canada’s antenna siting procedures exclude new antenna systems with a height of less than 15 metres above ground level from the requirement to consult with the local community. As well, under the Department’s default public consultation process, proponents of proposed antenna-supporting structures that will be 30 metresor more in height must place a notice in a local community newspaper. What is considered in these measurements?
[Updated October 2011]

Overall height is measured from the lowest ground level at the base of the antenna supporting structure and its foundation (including any height added by a foundation that is exposed above the ground) to the tallest point of the installation. An antenna supporting structure may be a tower or some other infrastructure such as a building, etc. Depending on the particular installation, the tallest point may be an antenna, lightning rod, aviation obstruction lighting or some other appurtenance.

Where there is no foundation, as might be the case with a timber or concrete pole, the overall height is measured from the lowest ground level at the junction of the base of the structure to the tallest point, as described above.

Regardless of the type of antenna-supporting structure, whether mast, tower, house, building, etc., the addition of a mound of soil, aggregate, etc. around the base will not be an accepted means to attempt to reduce the measurement of a structure’s height.

Where necessary, Industry Canada may request that measurements be provided to demonstrate the structure's height. This may include the proponent engaging the services of a qualified third party to demonstrate that the antenna system’s height is less than 15 metres or 30 metres above ground level, as appropriate.

Those planning to install a new antenna system with a height of less than 15 metres above ground level are reminded that individual circumstances vary with each antenna system installation and the exclusion criteria should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponent to consult with the land-use authority and the public, even though the proposal meets the exclusion criteria. A proponent who is not certain if the proposed structure is excluded, or whether consultation may still be prudent, is advised to contact the land-use authority and/or Industry Canada for guidance.

10. Proponents of antenna systems to be used for special events are excluded from the requirement to consult with the local land-use authority and the public. What does Industry Canada consider a “special event” for this exclusion from community consultation?
[Added January 2011]

A special event is an event that requires the temporary use (typically not more than three months) of an antenna system to support the event’s need for radiocommunications. Activities such as sports tournaments, stadium events and other such activities may be considered special events. Certain installations do not qualify for the exclusion, for example, the launch of a new wireless service. Under Industry Canada’s antenna siting procedures, the proponent is to remove the antenna system within three months after the special event.

Antenna system proponents who are not certain if their proposals meet the special event exclusion, or whether consultation may be prudent, are advised to contact the land-use authority and/or Industry Canada for guidance. Some land-use authorities may have established, documented processes to quickly accommodate temporary antenna structures while satisfying Industry Canada’s community consultation requirements. That said, proponents must still meet all other antenna siting procedurerequirements prior to installing the temporary antenna system.

11. The Exclusion List Regulations under the Canadian Environmental Assessment Actrefer to the footprint of the antenna, its supporting structure, or any of its supporting lines being no more than 25 m². How is this to be interpreted?
[Added February 2011]

As defined in the Exclusion List Regulations (see below), footprint refers only to the area of land occupied at ground level and, if not associated with a building, must be less than 25 m² in order to be considered for exclusion. Note that in all cases, the 25 m² limit is applied to each individual footprint and this limit is not based on a total sum of the individual footprints.

In the case of a guyed tower supporting an antenna, two aspects would have to be examined: (i) the footprint of the foundation area of the tower at ground level; and, separate from the first aspect, (ii) the individual guy-wire foundation footprints, also at ground level. In order to be excluded, each individual footprint would need to be less than 25 m².

In the case of a self-supporting monopole used to support an antenna, there are no guy-wires, so only the foundation area of the monopole at ground level is considered and its footprint would need to be less than 25 m² in order to be excluded. Further, in order for a multi-leg self-supporting tower to be considered for exclusion, each tower leg foundation area at ground level must not exceed 25 m². If, however, only one foundation was used instead of one for each leg, then, in order to be considered for exclusion, the total area at ground level of that foundation would have to be less than 25 m².

Current Exclusion List Regulations
(http://justice.gc.ca/eng/SOR-2007-108/index.html)

“footprint” means the area of land occupied by a building or other structure at ground level. (superficie)

• 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure
  • (a) if
    • (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or
    • (ii) the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 m²;
  • (b) if the project is not to be carried out within 30 m of a water body; and
  • (c) if the project does not involve the likely release of a polluting substance into a water body.
• (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if
  • (a) the antenna and its supporting structure are affixed to a building;
  • (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and
  • (c) the project does not involve the likely release of a polluting substance into a water body.
• (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project
  • (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and
  • (b) does not involve the likely release of a polluting substance into a water body.

12. How can I find more information?

The process for all antenna systems in Canada is outlined in Industry Canada's Client Procedures Circular (CPC) 2-0-03 entitled Radiocommunication and Broadcasting Antenna Systems.

More information is available on Industry Canada's Spectrum Management and Telecommunications website at www.ic.gc.ca/antenna, including CPC-2-0-03.

Industry Canada has local representation throughout Canada. To find the office nearest you, please consult Radiocommunication Information Circular (RIC) 66 entitled Addresses and Telephone Numbers of Regional and District Offices, which can also be found at the above website.