HomeMy WebLinkAboutPLN 18-14 Cal CO L Report to
' ' ' Planning & Development Committee
PICKERIN G Report Number: PLN 18-14
Date: September 2, 2014
From: Thomas Melymuk
Director, City Development
Subject: City of Pickering Protocol for Radiocommunication and Broadcasting
Antenna Systems (Cell Tower Protocol)
- File: A-1110-004
Recommendation:
1. That the City of Pickering Protocol for Radiocommunication and Broadcasting
Antenna Systems (Cell Tower Protocol) dated September 2014, as set out in
Appendix 1 to Report PLN 18-14, be approved; and
2. Further, that industry representatives, resident associations and other interested
parties be advised of the City's approved Protocol, and that the approved Protocol
be made available through the City's website.
Executive Summary:
The City's Cell Tower Protocol enhances the public consultation process set out by
Industry Canada, and provides Pickering-specific location and design guidelines for
antenna systems located in the City.
On December 9, 2013, City Council authorized staff to circulate the draft Protocol to the
public, industry representatives and other stakeholders to seek their comments.
Through the consultation process several concerns and comments were received from
industry representatives, resident associations and the public.
In response to the circulation process, staff have made a number of changes to the
proposed protocol (see Table 1 - Comments Received on the City's Draft Protocol and
Staff Response, Attachment#1). As well, Industry Canada has recently amended its
default protocol (published on July 15, 2014). Many of these amendments were already
included in the City's draft protocol, although some of the language in the recommended
protocol changed to be consistent with Industry Canada's recent amendments.
The City of Pickering Protocol for Radiocommunication and Broadcasting Antenna
Systems (Cell Tower Protocol) is provided as Appendix I. Staff recommend that: the
City of Pickering Cell Tower Protocol be approved; interested stakeholders be advised
• of the approved Protocol; and that a copy of the City's Cell Tower Protocol be placed on
the City's web site for information.
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Report PLN 18-14 September 2, 2014
Subject: City of Pickering Protocol for Radiocommunication
and Broadcasting Antenna Systems (Cell Tower Protocol) Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report. The City Development Department presently collects
an application fee of$2,750 for each Radio Communication and Broadcasting Antenna
System proposal.
Discussion:
1. A Draft Cell Tower Protocol was prepared for consultation
On December 2, 2013, the City's Planning & Development Committee
considered the recommendations of Report PLN 27-13 respecting a draft City of
Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems
(Cell Tower Protocol).
On December 9, 2013, Council passed resolution #152/13, which authorized staff
to: circulate the draft Protocol to the public, industry representatives and other
stakeholders for comments; and bring back a recommended Protocol for
Council's consideration.
2. . Consultation took place during January 2014
City Development staff sent out mailings to all registered Resident Associations,
the Altona Forest Stewardship Committee, Industry Canada and
telecommunication providers requesting their comments on the draft Protocol. In
addition, two advertisements were placed in the Pickering News Advertiser—
Community Page, and a public notice was prepared and posted on the City's
Website and Facebook page. The public consultation process concluded on
January 31, 2014.
•
3. Numerous comments, suggestions and requests for clarification on the
draft Cell Tower Protocol were received
During the Planning & Development Committee's discussion of the draft Protocol
at the December 2, 2013 meeting, Committee members asked a number of
questions for staff to further review. Through the public consultation process, five
written submissions were received from the City's Heritage Committee, the
West Shore Community Association, the Altona Forest Stewardship Committee,
a resident (Vic Rudik) and a solicitor acting on behalf of Bell, Rogers Wireless
and Telus (Frank D'Agostino of Thompson Rogers Lawyers). In addition, a
meeting was held with Mr. D'Agostino.
A summary of these comments and staffs response are contained in
Table 1 - Comments Received on the City's Draft Protocol and Staff Response,
which is provided as Attachment#1. Recommended changes are itemized in the
Table 1, and are highlighted in Section 5 of this Report.
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Report PLN 18-14 September 2, 2014
Subject: City of Pickering Protocol for Radiocommunication
and Broadcasting Antenna Systems (Cell Tower Protocol) Page 3
4: At the same time as the City was finalizing its Cell Tower Protocol,
Industry Canada's revised its default protocol
•
On July 15, 2014, Industry Canada published a revised default Protocol (see
Radiocommunication and Broadcasting Antenna Systems, Client Procedures
Circular, CPC-2-0-03, Issue 5, Attachment#2). Some of the amendments were.
completed to align with key elements of the template protocol prepared by the
Federation of Canadian Municipalities (FCM) and the Canadian Wireless
Telecommunications Association (CWTA).
•
The changes to Industry Canada's Protocol included:
• requiring proponents of tower structures under 15 metres in height that are
used for telecommunication carriers or broadcasting undertakings, or are .
proposed by a by third party owner, to consult with the land use authority and
the public
• exempting non-tower structures, such as antennas on building, water towers,
lamp posts, etc.) from the requirement to consult with the land use authority
and the public
• clarifying who is subject to the protocol, such as telecommunication carriers,
businesses, governments, crown agencies, the public, and third party tower
owners
• updating the requirements for the consultation process to ensure public
notifications are not perceived as junk mail; and
• establishing a time limit for the construction of a tower or antenna system of •
three years from the conclusion of the public consultation, after which a new
consultation process is required
5. Recommended Modifications to the Cell Tower Protocol
As a result of staffs review of the comments and submissions received, and
Industry Canada's new default Protocol, the following are the key changes to the
recommended City's Protocol:
• requiring proponents of tower structures under 15 metres in height that are
used for telecommunication carriers or broadcasting undertakings, or are
proposed by a by third party owner, to consult with the land use authority and
the public
• exempting non-tower structures, such as antennas on building, water towers,
lamp posts, etc.) from the requirement to consult with the land use authority
and the public
• clarifying that the City's process for expanded notification radius will be
through consultation with the Mayor and Ward Councillors
• clarifying the City's role and responsibility regarding the review of a proposed
telecommunication tower, and that in the event of a dispute between the City
and the applicant, Industry Canada makes the final decision
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Report PLN 18-14 'September 2, 2014
Subject: City of Pickering Protocol for Radiocommunication
and Broadcasting Antenna Systems (Cell Tower Protocol) Page 4
• clarifying who is subject to the protocol, such as telecommunication carriers,
businesses, governments, crown agencies, the public, and third party tower
owners
• clarifying that tower height calculation cannot include an artificially raised
ground level
• clarifying that the notification radius is calculated from the tower base or
. furthest point of support mechanisms (such as a guy wire)
• requiring notification to City's Heritage Advisory Committee, where a tower is
•
not only "on" heritage properties or within a heritage district, but also
"adjacent to" heritage properties or a heritage district
• simplifying minimum submission requirements for a preconsultation meeting
• deleting the definition of "Community Sensitive Uses"
. • establishing a time limit for the construction of a tower or antenna system of
three years from the conclusion of the public consultation, after which a new
consultation process is required; and
• requiring network operators to remove redundant towers in a time frame
mutually agreed to by the operator and the City, not exceeding two years of
ceasing to be in operation
6. Following approval of a City Protocol, staff will make information available
through the Pickering's website
Approval of this protocol will enhance and clarify the public consultation process,
and provide specific location and design guidelines for antenna systems located
in the City while enabling the development of a high caliber wireless
telecommunication network to service Pickering. It is recommended that City
Council approve the recommended City of Pickering Radiocommunication and
Broadcasting Protocol (Cell Tower Protocol) — September 2014 provided as
Appendix I.
Subsequently, staff will create a page on the City's website allowing residents
and proponents to download a copy of the City's Cell Tower Protocol. The
webpage will provide additional information regarding the City's review process
and community engagement process. Links to Industry Canada and Health
Canada will also be provided on this page.
•
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Report PLN 18-14 September 2, 2014
Subject: City of Pickering Protocol for Radiocommunication
and Broadcasting Antenna Systems (Cell Tower Protocol) Page 5
•
Appendix
Appendix I Radiocommunication and Broadcasting Antenna Systems Protocol
(Cell Tower Protocol), September 2014
Attachments:
1. Table 1 - Comments Received on the City's Draft Protocol and Staff Response
2. Radiocommunication and Broadcasting Antenna Systems, Client Procedures
Circular, Issue 5, July 15, 2014
Prepared By: Approved/Endorsed By:
dPilk‘
:arnett Catherine Rose, M4IP, RPP
Senior Planner— Site Planning Chief Planner
Nilesh Surti, MCIP, RPP Thomas Melym k, MCIP, RPM
Manager, Development Review Director, City Development
& Urban Design
TB:jf
Recommended for the consideration
of Pickering City Council
ij fie{ 2/2(4'
Tony Prevedel, P.Eng. .
Chief Administrative Officer
• 51
Appendix Ito
Report PLN 18-14
Radiocommunication and Broadcasting
Antenna Systems Protocol
(Cell Tower Protocol)
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52
•
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Calf 41IPA
WY
Nal G
Radiocommunication and Broadcasting
Antenna Systems Protocol
(Cell Tower Protocol)
City Development Department
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September 2014
Table of Contents Page(s)
1.0 Definitions 4
2.0 Introduction 6
2.1 Purpose 6
3.0. Jurisdiction and Roles 7
3.1 Federal Jurisdiction 7
3.2 Other Federal Legislation 7
3.3 Role of the City of Pickering 7
3.4 Designated Official for Processing Antenna System Proposals 8
4.0 Exclusions 9
4.1 Excluded Structures 9
5.0 Siting on City Owned Properties 10
6.0 Location and Design Guidelines 11
6.1 Co-location 11
6.2 Preferred Locations 11
6.3 Discouraged Locations 11
6.4 Design 1.2
6.5 Amateur Radio Operators in Residential Areas 13
7.0 Preconsultation with Land Use Authority 14 •
7.1 Preconsultation Meeting 14
7.2 Preconsultation Meeting Requirements 14
7.3 Preconsultation Summary 14
7.4 Formal Submission Requirements 15
7.5 Determination of Complete or Incomplete Request 16
8.0 Public Consultation 17
8.1 Public Consultation Requirements 17
8.2 Public Notification Requirements 17
8.3 Public Notification Package Requirements 18
8.4 Closing Date for Written Public Comments 19
8.5 Public Notice Sign 19
8.6 Newspaper Notice 20
8.7 Public Information Session 21
8.8 Responding to the Public 22
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9.0 Post Consultation 23
9.1 Consultation Summary Package 23
9.2 City Comment on Proposal 23
9.3 Duration of Concurrence 23
10.0 Timeframes 24
10.1 Consultation Timeframes 24
10.2 Supplementary Public Consultation 24
10.3 Redundant Antenna Systems
Appendix I
Process Flowchart 25
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1.0 Definitions
Amateur radio operator: is someone who uses equipment at an amateur radio
station to engage in two-way personal communications with other amateur
operators on radio frequencies assigned to the amateur radio service.
Co-location: the placement of antennas and equipment operated by one or more
proponents on a telecommunication Antenna System operated by a different
proponent, thereby creating a shared facility.
Designated Community Association: area or neighbourhood-specific group
that is recognized by the Municipality.
Designated Municipal Officer (and his or her designate): the municipal staff
member(s) tasked with receiving, evaluating and processing submissions for
telecommunication Antenna Systems. The Designated Municipal Officer's name
and contact information is provided in the Antenna System Siting Flowchart
provided in this protocol.
Downtown Area: shall mean the lands designated as Downtown Core in the
City's Official Plan.
Elected Municipal Official: the political leader of the demarcated area of the
Municipality (e.g., Ward) in which the Antenna System is proposed.
Equipment Shelter: a structure used to house the required equipment for the
operation of an Antenna System.
Environmentally Sensitive Lands: shall mean any lands designated as
shoreline and stream corridor, wetlands, environmentally significant areas,
Rouge-Duffins wildlife corridor, Altona Forest, flood plain special policy areas and
areas of natural and scientific interest and significant woodlands as identified on
Schedule Ill in the City of Pickering Official Plan.
Heritage Properties/Heritage Conservation District: buildings and structures
(e.g., monuments) or areas/neighbourhoods listed or designated under the
authority of Part IV or Part V of the Ontario Heritage Act.
Land Use Authority(LUA): for the purposes of this protocol Land Use Authority
shall mean the City of Pickering.
Municipal Departments: branches of municipal government that administer
public services and are operated by City staff.
Other Agencies: bodies (e.g., boards or commissions) that administer public
services but are not operated or staffed by the Municipality.
Proponent/Applicant: any company, organization or person who puts forward a
proposal to install or modify a telecommunication tower/antenna facility.
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Radiocommunication and Broadcasting Antenna System ("Antenna
System"): an exterior transmitting device— or group of devices — used to receive
and/or to transmit radio-frequency (RF) signals, microwave signals, or other
federally-licensed communications energy transmitted from, or to be received'by,
other antennas. Antenna Systems include the antenna, and may include a
supporting tower, mast or other supporting structure, and an equipment shelter.
This protocol most commonly refers to the following two types of Antenna
Systems:
1. Freestanding Antenna System: a structure (e.g., tower or mast) built from
the ground for the expressed purpose of hosting an Antenna System or
Antenna Systems;
2. Building/Structure-Mounted Antenna System: an Antenna System
mounted on an existing structure, which could include a building wall or
rooftop, a light standard, water tower, utility pole or other.
Residential Area: lands used or zoned to permit residential uses; including
mixed uses (i.e., commercial use at-grade with residential dwelling units above).
Tower Height: height is measured from the lowest ground level at the base,
including foundation, to the tallest point of the antenna system. Any attempt to
artificially rtyeduce the height (addition of soil, aggregate, etc) is unacceptable.
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2.0 Introduction
There is currently a significant growth in the use of wireless services for personal
communications including voice, data and video transmissions. As the City of
Pickering's population grows so will the demand for wireless service coverage for
personal and business uses.
Telecommunications and related facilities are regulated by the Federal
Government (specifically Industry Canada) under the Radiocommunications Act.
Proponents of wireless facilities are required to consult with local governments
and the public as part of the approval process for proposed antenna installations
prior to construction. Industry Canada encourages local governments to develop
their own protocols, for the consideration of antenna system installations,
because of their local knowledge and because local governments are very well
qualified to explain to proponents the particular amenities, sensitivities, planning
priorities and other relevant characteristics of their municipality.
This protocol applies to anyone (referred to in this document as the proponent)
who is planning to install or modify an antenna system, regardless of the type of
installation. This includes telecommunication carriers, businesses, governments,
Crown agencies, and the public. Anyone who proposes uses or owns an antenna
system must follow these procedures. The requirements also apply to those who -
install towers or antenna systems on behalf of others or for leasing purposes
("third party tower owners).
2.1 Purpose
The purpose of this protocol is:
1. To outline a City of Pickering consultation process for the installation and
modification of cell towers and other antenna installations covered by this
protocol for telecommunications facilities.
2. To outline the City's site selection and design guidelines for cell towers and
other antenna installations in Pickering.
3. To enable the development of a high calibre wireless telecommunications
service in Pickering.
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3.0 Jurisdiction and Roles
3.1 Federal Jurisdiction
Telecommunication tower/antenna systems are regulated exclusively by Federal
Legislation under the Federal Radiocommunication Act and administered by
Industry Canada. Provincial legislation such as the Planning Act, including zoning
by-laws, does not apply to these facilities. Notwithstanding the federal
government's exclusive jurisdiction, Industry Canada's Radiocommunication and
Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03), Issue 5
requires proponents address comments and concerns through the City of
Pickering public consultation process as outlined in this protocol. In the case of
a dispute between the propohent and the City of Pickering, a final decision will be
made by Industry Canada.
3.2 Other Federal Legislation
As a Federal undertaking, tower facilities must adhere to all applicable Federal
regulations and guidelines, including but not limited to:
• Industry Canada's Radiocommunication and Broadcasting Antenna Systems
Client Procedures Circular (CPC-2-0-03)
• Industry Canada's Conditions of Licence for Mandatory Roaming and
Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements
(CPC-2-0-17)
• Health Canada's Safety Code 6 - Limits of Human Exposure to
Radiofrequency Electromagnetic Fields in the Frequency Range from 3 KHZ
to 300 GHZ
• National Building Code of Canada
• Canadian Environmental Assessment Act; and
• Transport Canada's painting and lighting requirements for aeronautical safety
3.3 Role of the City of Pickering
The role of the City of Pickering as the Land Use Authority (LUA) is to
communicate to proponents the planning priorities and other characteristics of
the municipality that are relevant to the antenna system proposal. In addition,
the City advises the proponent on the public consultation requirements outlined
in this protocol. A formal decision on a proposal shall be provided by City
Council.
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II
3.4 Designated Official for Processing Antenna System Proposals
For the purpose of this protocol, the designated official for the City of Pickering
having the authority to administer this protocol is the Director, City Development
Department ("Director") or designate. All correspondence and materials
submitted as part of this consultation process shall be directed to the attention of
the Director (or designate).
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4.0 Exclusions
4.1 Excluded Structures
The following types of antenna system installations or modifications are excluded
by Industry Canada from the requirement to consult with the public and the
requirement to submit a formal antenna system proposal to the City of Pickering
for review:
a) New Antenna Systems: where the height is less than 15 metres above
ground level. This exclusion does not apply to antenna systems to be used
by broadcasting undertakings or telecommunications carriers;
b) Existing Towers: modifications may be made, or the tower may be replaced,
to facilitate sharing or the addition of antennas, provided that the total height
increase is no greater than 25% of the height of the initial antenna system
installation. No increase in height may occur within one year of completion
of the initial construction;
c) Non-Tower Structures: antennas on buildings, water towers, lamp posts,
etc. may be installed provided that the height of the structure is not
increased by more than 25%; and
d) Temporary Antenna Systems: used for special events or emergency
operations and must be removed three months after the start of the
emergency or special event.
e) No consultation is required prior to performing maintenance on an existing
antenna system.
Individual circumstances vary with each antenna system installation and
modification, and the exclusion criteria below should be applied in consideration
of local circumstances. Consequently, it may be prudent for the proponent to
consult even though the proposal meets an exclusion noted above. Therefore,
when applying the criteria for exclusion, proponents should consider such things
as:
• the antenna system's physical dimensions, including the antenna, mast, and
tower, compared to the local surroundings;
• the location of the proposed antenna system on the property and its proximity to
neighbouring residents;
• the likelihood of an area being a community-sensitive location; and
• Transport Canada's marking and lighting requirements for the proposed
structure
Proponents who are not certain if their proposals are excluded, or whether
consultation may still be prudent, are advised to contact the City Development
Department.
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5.0 Siting on City Owned Properties
Any request to install an antenna system on lands owned by the City shall be
made to the Director (or designate).
Proponents must still submit a formal request to the City of Pickering in
accordance with Section 7.0 of this Protocol and follow the public consultation.
process in accordance with Section 8.0 of this Protocol, unless the proposal
meets the exclusion criteria under Section 4.0 of this protocol.
Notwithstanding the public consultation requirements outlined in Section 8.0 of
this Protocol, the Director (or designate) shall consult with the Mayor and Ward
Councillors and following the consultation may broaden the public circulation and
content of the notice.
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•
6.0 Location and Design Guidelines
The location and design guidelines outlined in this section are established to
encourage proponents to select sites that minimize the number of tower and
antenna facilities erected in the City and to ensure that selected sites minimize
visual impacts on the surrounding area.
6.1 Co-location
Before submitting a proposal for an Antenna System on a new site, the
proponent must explore the following options:
a) Consider sharing, modifying or replacing an existing Antenna System
structure.
b) Consider using any feasible existing infrastructure in the area, including but
not limited to, rooftops, water towers, utility poles or light standards.
6.2 Preferred Locations
Where co-location on an existing Antenna System or structure is not possible,
proponents are encouraged to:
a) Select sites for new towers that are within industrial, commercial, or non-
residential areas, and/or that maximize the distance from residential areas,
listed and designated heritage buildings and sites, and sensitive institutional
uses, and that do not interfere with traffic flows.
b) Provide new towers with co-location capabilities.
c) On undeveloped sites, locate the structure and equipment shelter so as not
to preclude future development opportunities for the site.
d) Preserve as much existing vegetation as possible.
- e) Consider the use of City owned lands and/or facilities, where technically
feasible, and acceptable to the City (see Section 5.0).
f) The placement of antenna systems and their equipment shelter, although
they are not subject to municipal zoning by-laws, the installation shall not
create a noncompliance of any City by-law.
6.3 Discouraged Locations
The City discourages the installation of new antenna systems in the following •
locations:
a) Residential areas except where located on high rise buildings or if needed
for emergency service or municipal operations.
b) On sites of topographical prominence that would obscure public views and
vistas.
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c) Within Environmentally sensitive lands.
d) On, or immediately adjacent to, Heritage Properties or within Heritage
Conservation Districts.
e) Within the Downtown area unless on high rise buildings.
If no solution is available to meet service demands other than in a location
discouraged by the City, the proponent shall provide a detailed rationale for the
necessity of the proposed location in the Site Selection/Justification Report
submitted to the City.
6.4 . Design
Where a new antenna system must be constructed, proponents shall use the
following design guidelines to ensure the facility is appropriately designed and
sited to minimize visual impacts on the surrounding g area.
a) The design should accomodate for future co-location of additional carriers,
where appropriate.
b) Stealth techniques, such as flagpoles, clock towers, trees, light poles, etc.,
should be considered and used where appropriate and in harmony with the
context of the surrounding area.
c) Monopole towers with antennas shrouded or flush mounted are preferred,
particularly when the tower is proposed in or near residential areas.
d) Equipment shelters should be designed and landscaped in a manner that is
compatible and sensitive to the surrounding area.
e) Towers and antennas that are attached or adjacent to existing buildings,
including rooftop installations, should be screened and/or designed to
complement the architecture of the building with respect to form, materials
and colour.
f) Towers should have non-reflective surfaces and be painted with neutral
colours that blend with the surrounding landscape, unless Transport
Canada requires the use of other materials or colours (e.g., for aeronautical
safety purposes).
g) Towers should not be illuminated, unless required by Transport Canada.
h) Only signage directly related to an antenna system as required by Industry
Canada shall be permitted. No third party advertising or promotion of the
owner/operator is permitted on a tower facility, unless approved by the City.
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6.5 Amateur Radio Operators in Residential Areas
The following location and design guidelines apply to amateur radio operators
proposing the installation of new radiocommunication antenna systems in
residential neighbourhoods.
a) The antenna system should be located in the rear yards of properties.
Avoid locating these systems in front or flankage side yards, or on
environmentally sensitive lands, designated heritage sites and within a
designated heritage conservation district.
b) The height of the antenna system should not exceed 15.0 metres above
ground level and the width should not exceed 3.0 metres at any point.
c) No part of the antenna system should be located within 1.2 metres of any lot
line.
d) When located on a roof of a building or structure, the antenna system
should only be located on that part of the roof closest to the rear yard.
e) Non-reflective surfaces and neutral colours that blend with the surrounding
area should be used.
f) No part of the antenna system shall include or be used for graphics,
signage, flags or lighting.
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7.0 Preconsultation with Land Use Authority
7.1 Preconsultation Meeting
Proponents are required to have a preliminary consultation with the City
Development Department prior to submitting a formal request to install an
antenna system unless it is an excluded structure in section 4.1. This initial
•
contact will allow the proponent to meet with staff to discuss the proposal,
including the rationalization behind the site selection.
During this meeting, City staff will provide preliminary input and comments
regarding the proposal such as, but not limited to, land use compatibility,
p otential impacts on high profile and sensitive areas, alternative sites, aesthetic
or landscaping preferences and other agencies to be consulted.
This meeting will also provide an opportunity for City staff to inform the proponent
of the formal consultation process outlined herein and to advise on the
notification process
for this proposal.
7.2 Preconsultation Meeting Requirements
•
The following information must be provided to the City Development Department
to the attention of the Director (or designate) prior to scheduling a preconsultation
meeting:
a) Cover letter describing the rationale for the proposed location and other
potential sites.
b) Aerial photos of the potential sites for the antenna system.
c) Draft site plan or survey plan of the subject property showing the location of
the proposed antenna system in relation to the site and/or buildings on the
property.
d) Elevation drawings of the proposed antenna system, height and colour.
7.3 Preconsultation Summary
. Following the preconsultation meeting, the Director (or designate) will provide the.
proponent with a letter outlining the City's requirements and summarizing the
results of the preconsultation meeting. The summary letter will generally provide:
a) The City's formal submission requirements as set out in Section 7.4.
b) A list of plans and studies that may be required.
c) A list of municipal departments and agencies to be consulted. •
d) An indication of the City's preferences regarding location and design
guidelines for the site(s) under discussion.
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e) Confirmation of the notification requirements for the proposal, following
consultation with the Mayor and Ward Councillors.
To expedite the review of the proposal, the proponent is encouraged to consult
with the applicable municipal departments and agencies, and obtain applicable
written comments/clearances before making a formal submission.
7.4 Formal Submission Requirements
When a proposed antenna system does not meet the exclusion criteria identified
in Section 4.1 of this protocol, the proponent must submit a formal antenna
system proposal to the City for review.
For the purpose of this review, the proponent must submit the following materials
to the City Development Department to the attention of the Director (or
designate):
a) A completed Radiocommunication/Broadcasting Antenna System
application form and applicable fees.
b) A Site Selection/Justification Report prepared by a qualified professional,
such as a land use planner or engineer. The report should identify all
antenna systems within the vicinity of the proposed location. It should also
include details with respect to the coverage and capacity of-the existing
antenna systems in the surrounding area and provide detailed evidence as
to why co-location on an existing antenna system is not a viable alternative
to the construction of a new tower facility.
c) Two copies of photo simulations of the proposed tower and associated
facilities from four directions; north, south, east and west.
d) Ten copies of the full size site\survey plan showing the dimensions of the
subject lands, size and type of all-existing and proposed buildings\structures
on the subject property and abutting lands, parking, easements, natural and
artificial features on the subject and abutting lands (i.e., railways, parking
areas, watercourses, roads, woodlots etc.).
e) One reduced copy of the site survey plan (letter size).
f) Five copies of any required technical reports, background information and
other supporting materials.
•
g) A public notification package.
h) A copy of the draft newspaper notice and the proposed date on which it will
be published (no sooner than 14 days from the date of request being
submitted), if applicable.
i) A copy of the draft notice sign to be posted on the subject property, if
applicable.
j) Any other required information listed in the information package provided to
the proponent during or after the preconsultation meeting.
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7.5 Determination of Complete or Incomplete Request
The Director (or designate) will determine whether the required antenna system
documentation is deemed complete or incomplete within 5 working days of
receipt of the request.
If the required materials listed in Section 7.4 of this Protocol are not complete or
provided to the satisfaction of the Director (or designate), the request will be
deemed incomplete and the official commencement of the 120 day consultation
process will not commence. The Director (or designate) will notify the proponent
of the outstanding items to be addressed.
When the request is deemed complete by the Director (or designate), the 120 day
consultation process will officially commence, and the Director (or designate) will:
a) notify the proponent that the request has been deemed complete, and
request the proponent to initiate the required public consultation process.
b) notify the Mayor and Ward Councillors of the complete request.
c) circulate the proposal to the applicable municipal departments and agencies
for review and comment.
•
•
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68
•
8.0 Public Consultation
8.1 Public Consultation Requirements
Where a formal Antenna System Review Process is required (as set out in
Section 7.4 of this Protocol), the proponent must carry out public consultation in
accordance with this Protocol.
The proponent must not initiate public notification or consultation for an antenna
system proposal until a formal submission has been made to the LUA and written
confirmation from the Director (or designate) to proceed with public notification
and consultation has been provided.
•
The proponent shall be responsible for all costs associated with public
consultation.
8.2 Public Notification Requirements
The proponent is to distribute the public notification packages by mail to the
following recipients:
a) All property owners and resident associations within a radius of the greater
of 150 metres or three times the tower height, measured from the tower
base or the outside perimeter of the supporting structure within the urban
area and 500 metres for proposals located in the rural area. For the purpose
of this requirement, the outside perimeter begins at the furthest point of the
supporting mechanism, such as the outermost guy line, building edge, face
of the self supporting tower, etc.
and a licable City and Re
b) The'Ma or an pp tY Regional Ward Councillors in which the g
Y
antenna s
ro osed system stem is located.p
c) Adjacent municipalities within 500 metres of the proposed tower facility.
Proponents are also required to mail a copy of the public notification
package to the Director (or designate).
d) For proposals on, or immediately adjacent to, Heritage Properties or
Heritage Conservation Districts, the Heritage Pickering Advisory Committee
shall be provided a copy of the public notification package.
The City Development Department will provide the proponent with a mailing list
of all addresses of property owners and resident associations within the required
radius.
Draft Radiocommunication and Broadcasting Antenna System Protocol Page 17 of 25
69
The envelope for the public notification package should have the following
statement in bold:
"important Notice Regarding Proposed Cell Tower in Your
Neighbourhood"
When a public information session is required, the proponent is to distribute the
public notification packages by regular mail at least 30 days prior to the date of
the public information session.
A recirculation of the public notification packages will be required if the proposed
antenna system has been relocated as a result of the initial public consultation
process.
8.3 Public Notification Package Requirements
The public notification package must include the following information:
a) A location map, including the address, clearly indicating the exact location of
the proposed antenna system in relation to the surrounding properties and
streets; including a letter size (8.5" x 11") copy of the site plan submitted
with the application.
b) A physical description of the proposed antenna system including the height,
dimensions, tower type/design, any antenna(s) that may be mounted on the
tower, colour and lighting.
c) An elevation plan of the proposed tower facility.
d) Colour simulated images of the proposed tower facility.
e) The proposed antenna system's purpose, the reasons why existing towers
or other infrastructure cannot be used, a list of other structures that were
considered unsuitable, and future sharing possibilities for the proposal.
f) .An attestation that the general public will be protected in compliance with
Health Canada's Safety Code 6 including combined effects within the local
radio environment at all times.
g) Notice that general information relating to health concerns and Safety Code 6
is available on Health Canada's website (www.hc-sc.gc.ca).
h) The project's status under the Canadian Environmental Assessment Act.
i) Transport Canada's aeronautical obstruction marking requirements
(whether painting, lighting, or both) if available; if not available, the
proponent's expectation of Transport Canada's requirements once they
become available.
j) An attestation that the installation will respect good engineering practices
including structural adequacy.
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70
k) Address, location (including a map) and timing of the public information
session, if applicable.
I) Information on how to submit written public comments to the Applicant and
the closing date for submission of written public comments.
m) Applicant's contact information.
n) Reference to the City of Pickering's Radiocommunication and Broadcasting
Antenna Systems Protocol and where it can be•viewed (www.pickering.ca).-
o) The following sentences regarding jurisdiction:
"Telecommunication tower/antenna systems are regulated exclusively by
Federal Legislation under the Federal Radiocommunication Act and
administered by Industry Canada. Provincial legislation such as the
Planning Act, including zoning by-laws, does not apply to these facilities.
The City of Pickering is participating in land-use consultation pursuant to
Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between
the proponent and the City, a final decision will be made by Industry
Canada"
p) Notice that general information relating to antenna systems is available on
Industry Canada's Spectrum Management and Telecommunications
website (www.ic.gc.ca).
q) Municipal and Industry Canada contact information.
r) Closing date for submission of written public comments.
8.4 Closing Date for Written Public Comments
The closing date for submission of written public comments shall not be less
than:
a) 14 days after the public information session, where a public information
session is required; or
b) 30 days where a public information session is not required.
8.5 Public Notice Sign
Unless otherwise determined through preconsultation, the proponent shall erect
a sign on the property notifying the public of the proposal to establish an antenna
system on the subject property. The sign shall be erected on the property so that
it is clearly visible and legible from the street(s).
The sign shall be professionally prepared and its size shall be a minimum of
1.2 metres by 1.2 metres and located a minimum of 1.0 metre and a maximum of
1.8 metres from the ground. However, the size of the sign shall not exceed
2.4 metres in height by 1.2 metres in width unless otherwise specified through
preconsultation. The erection of the notice sign should be coordinated with the
distribution of the public notification packages..
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71
Photographs showing the sign posted and the date on which it was erected on
the subject property shall be submitted to the Director (or designate) within
ten days after the sign has been erected.
The sign shall remain on the subject property for the duration of the public
consultation process. The proponent shall be responsible for removing the sign
no later than 21 days after the completion of the consultation process.
Unless otherwise specified through preconsultation the notice sign shall contain
the fallowing wording:
Public Notice - Cell Tower
[Name of Proponent] is proposing to locate a telecommunication tower/antenna facility,
being [#] metres ([#] feet) in height, on this property.
(If applicable) A public information session is scheduled on [date of meeting] from [start
time] to [end time] at [location of meeting].
Public comment is invited.
The closing date for submission of written comments is [applicable closing date].
For further information, contact [Applicant's name, phone number and e-mail address].
Telecommunication tower/antenna systems are regulated exclusively by Federal
Legislation under the Federal Radiocommunication Act and administered by Industry
Canada. Provincial legislation such as the Planning Act,.including zoning by-laws, does
not apply to these facilities. The City of Pickering is participating in land-use
consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a
dispute between the proponent and the City, a final decision will be made by Industry
Canada
[Municipal and Industry Canada contact information]
8.6 Newspaper Notice
Where an antenna system is 30 metres or greater in height, the proponent shall
place a newspaper notice in the News Advertiser (i.e., the community's
newspaper).
The newspaper notice shall be a minimum size of 10 centimetres x 10 centimetres.
A copy of the actual newspaper notice appearing in the News Advertiser,
including the newspaper date, shall be forwarded to the Director (or designate)
within ten days of the newspaper notice being published.
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72
Where a public information session is required, the newspaper notice shall be
published at least 21 days before the date of the public information session for
two consecutive weeks.
•
The date on which the newspaper notice is published should be coordinated with
the distribution of the public notification packages.
Where a public information session is not required, the date on which the
newspaper notice is being published should be coordinated with the distribution
of the public notification packages.
The newspaper notice shall contain the following information:
a) Description of the proposed tower facility, including the height;
b) Address of the proposed tower facility;
c) Location map (key plan) of the proposed site; •
d) Invitation for public comment and the closing date for submission of written
comments;
e) Invitation to the public information session, and location-and time of the
session (if applicable);
f) Applicant's contact information;
g) Inclusion of the following:
"Telecommunication tower/antenna systems are regulated exclusively by
Federal Legislation under the Federal Radiocommunication Act and
administered by Industry Canada. Provincial legislation such as the
Planning Act, including zoning by-laws, does not apply to these facilities.
The City of Pickering is participating in land-use consultation pursuant to
Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between
the proponent and the City, a final decision will be made by Industry
Canada."; and
h) Municipal and Industry Canada contact information. •
8.7 Public Information Session
A public information session is required where the proposed antenna system is
located:
a) Within the greater of three times the tower height or 150 metres from a
residential area; and\or
b) If determined through preconsultation.
Where required, the proponent shall be responsible for convening a public
information session at the proponent's cost.
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• 73
•
The proponent, as the case may be, shall adhere to the following requirements
when organizing and convening a public information session: •
a) The Public information session shall be open and accessible to all members
of the public and local stakeholders.
b) The Public information session shall occur on a weekday evening, no
sooner than 21 days and no later than 28 days, from the date that the public
notification packages are mailed and the sign posted.
c) The Duration of the public information session shall be a minimum of 2 hours.
d) Two display panels, at a minimum, containing a site plan drawing and colour
photographs of the subject property with superimposed images of the•
proposed antenna system shall be displayed at the public information
session.
e) The proponent shall provide information regarding the tower proposal,
including the purpose of the tower, general information relating to Health
Canada's Safety Code 6 and a clear statement indicating that
telecommunication tower/antenna facilities are exclusively regulated by
Federal legislation under the Radiocommunication Act and administered by
Industry Canada; Provincial legislation such as the Planning Act, including
zoning by-laws, does not apply to these facilities. The City of Pickering is
participating in land-use consultation pursuant to Issue 5 of Industry
Canada's CPC 2-0-03. In the case of a dispute between the proponent and
the City, a final decision will be made by Industry Canada.
f) Public notification packages including a public comment sheet shall be
made available for attendees.
g) Closing date for written public comments shall be clearly announced at the
public information session.
h) A record of all names, addresses, email addresses and phone numbers of
the attendees shall be retained, subject to applicable privacy laws in respect
of personal information.
8.8 Responding to the Public
The proponent is to address all applicable concerns, make all efforts to resolve
them in a mutually acceptable manner and must keep.a record of all associated
communications. If the public or Director (or designate) raises a question,
comment or concern relating to the tower facility, as a result of the public
consultation process, then the proponent is required to:
a) Respohd to the party in writing within 14 days by acknowledging receipt of
the question, comment or concern and keep a record of the communication.
b) Address, in writing, all applicable concerns within 30 days of receipt or
explain why the question, comment or concern is not, in the view of the
proponent, applicable and clearly indicate that the party has 21 days from
the date of the correspondence to reply to the proponent's response.
Draft Radiocommunication and Broadcasting Antenna System Protocol Page 22 of 25
7 4
---
c) In the case where the party responds within 21 days, the proponent shall
address all applicable concerns within 21 days, either in writing, by
contacting the party by telephone or engaging the party in an informal
meeting.
9.0 Post Consultation
9.1 Consultation Summary Package
The proponent shall provide to the Director (or designate) a package
summarizing the results of the public consultation process which shall include the
following information:
a) Attendance list and contact information from the public information session
(if applicable).
b) All written public comments and/or concerns received regarding the
proposal.
c) The proponent's responses to the public comments and/or concerns,
outlining how the concerns were or will be addressed, or alternatively, by
clearly indicating why such concerns are not applicable.
d) Details of any modifications to the proposal, including revised plans and
drawings, if applicable.
A recirculation of the public notification packages will be required if the proposed
antenna system has been relocated as a result of the initial public consultation
process.
9.2 City Comment on Proposal
A formal City comment on the proposal shall be provided by City Council
following consideration of a report prepared by City Development staff. The
report will normally be considered at a meeting of the Planning & Development
Committee and subsequently at a City Council meeting.
The Report to Council will include a summary of the public consultation process
and a staff comment on land use compatibility. The report will include a
resolution from City Council requesting the Director, City Development (or
designate) to either issue a letter of:
a) Concurrence;
b) concurrence with conditions; or
c) non-concurrence.
9.3 Post-Consultation Construction Time Limit
The construction of an antenna system must be completed within three years of
the conclusion of consultation. After three years, previous consultations will no
longer be valid.
Draft Radiocommunication and Broadcasting Antenna System Protocol Page 23 of 25
75
•
10.0 Timeframes
10.1 Consultation Timeframes
The consultation process and the decision from the City of Pickering should be
completed within 120 days from the date of a complete submission.
Appendix I of this Protocol contains a flow chart of the consultation processes. •
• 10.2 Supplementary Public Consultation
Where the consultation process has not been concluded and 270 days have
elapsed from the time of the public notification packages being sent, the
proponent may be required to carry out a supplementary public consultation
process, if requested by the Director (or designate).
10.3 Redundant Antenna Systems
The Director (or designate) may issue a request to a network operator to clarify
that a specific Antenna System is still required to support communication network
activity. The network operator will respond within 30 days of receiving the
request, and will provide any available information on the future status or planned
decommissioning of the Antenna System.
Where the network operator concurs that an Antenna System is redundant, the
network operator and the City of Pickering will mutually agree on a timeframe to
remove the system and all associated buildings and equipment from the site.
Removal will occur no later than 2 years from when the Antenna System was
deemed redundant.
•
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76
Appendix I
City Development Department
Radiocommunication and Broadcasting Antenna System Flowchart
• Preconsultation Meeting 4 •
+ ;
Formal Submission
+'
City reviews request for completeness •
Complete request • Incomplete request
* •
Proponent is notified by the City to proceed with . _ Proponent.submits 4
the distribution of the public notification required information
packages,erect the notice sign and, if applicable, ,
publish newspaper notice
+ ,
If applicable,Proponent convenes public Note:Where the LUA'
information session consultation process
+ has not been concluded
120 Proponent responds to all questions, and 270 days have I
Days comments and/or concerns by the public 'elapsed from the time of
the public notification
packages being sent,
Proponent provides summary package to the proponent may be
the City required to carry out a
+ supplementary public
Report to Council for decision consultation process,if
+ requested by the
Director(or Designate)
Concurrence with or without conditions
4 ,' ( +
. Director(or Designate)provides. Non-concurrence
letter to proponent&Industry
Canada I
Proponent proceeds Proponent modifies Proponent advises Proponent
to Industry Canada for the proposal Industry Canada of decides to
final approval impasse relocate proposal
+ ' on different
property location
Dispute resolution \ J
"` WA—Land use authority process
,
+
Created: May 3'1,2013 Industry Canada
Updated:November 13,2013
makes final decision •
•
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77
FTTA ET# J TO
REPINTO
Table 1 - Comments Received on the City's Draft Protocol and Staff Response
Comments and questions from Committee members at the December 2, 2013
Planning & Development Committee Meeting and December 9, 2013 City Council
Meeting
Comment Response
1. Commented that the Section 4 of Industry Canada's Radiocommunication
draft protocol does not and Broadcasting Antenna Systems, Client Procedures
provide City Council with Circular, Issue 5 requires proponents to follow the local
final authority regarding municipality's land-use consultation process where one
notification requirements exists.
for proposed cell towers.
Recommended Changes N/A
•
2. In the past, proponents Should this happen, the final decision on the application
have approached would rest with Industry Canada. However, in practice,
Industry Canada to seek proponents are generally prepared to comply with the
exemption from the City requests so long as they are reasonable.
City's request to expand
notification radius.
Recommended Changes N/A
3. Questioned what would Section 4 of Industry Canada's Radiocommunication
happen if proponents and Broadcasting Antenna Systems, Client Procedures
decided not to follow the Circular, Issue 5 requires proponents to follow the local
City's Cell Tower municipality's land-use consultation process where one
Protocol. exists.
Recommended Changes N/A
September 2014 Page 1 of 22.
78
•
WOW
Comment Response
4. Concerned that the The circulation radius in the recommended protocol is
proposed notification consistent with the City's circulation requirements for
requirements may still applications under the Planning Act. In addition, the
result in limited recommended protocol was revised to include language
notification for certain that the notification requirements and any request to
proposals. expand the notification radius will be made in
consultation with the Mayor and Ward Councillors and
discussed with the proponent during the preconsultation
process.
Recommended Changes Section 7.3 has been revised to include the
following in the preconsultation summary letter to
the proponent:
e) confirmation of the notification requirements for
the proposal, following consultation with the Mayor
and Ward Councillors.
5. Requested clarification in The recommended protocol has been revised to provide
order to determine what further clarity
"furthest point" of
proposed tower means.
Recommended Changes Section 8.2 (a) has been revised as follows:
For the purpose of this requirement, the outside
perimeter begins at the furthest point of the
supporting mechanism, such as the outermost guy
line, building edge, face of the self supporting
tower, etc.
6. Requested staff to All registered resident associations including the Altona
ensure all resident Forest Stewardship Committee were mailed copies of
associations are notified the draft protocol for comment.
to seek their comments,
and to ensure that the
Altona Forest
Stewardship Committee
is included.
Recommended Changes NIA
September 2014 Page 2 of 22
79
ATTAC O / a__1O
REPOW° i_ PI:
/J
Comment Response
•
7. Questioned what types The City's protocol applies to anyone planning to install,
of antenna systems other erect or modify an antenna system, regardless of the
than cell towers are type (such as broadcasting towers and amateur radio
subject to the draft operators)
protocol.
Recommended Changes N/A
8. Requested that The protocol does not require the attendance of either
proponents' present the proponent and/or a qualified individual at Council
qualified individuals at meetings. These matters are best left to the judgement
City Council meetings and discretion of the various proponents.
when the proposal is However, Section 7.4'b) does require the submission of
being considered by a Site Justification/Selection Report prepared by a
Council to ensure "qualified professional such as a land use planner or
technical questions can engineer" as part of the formal submission
be addressed. requirements.
Recommended Changes No change recommended
9. Requested that the Sections 8.3, 8.5, and 8.6 require proponents to include
public notice give clear information in the notifications and signage that
direction to residents that telecommunication facilities are "exclusively regulated
the City is not the final by Federal legislation".
approval authority
respecting cell towers.
Recommended Changes No change required.
10. Questioned when City The Mayor and Ward Councillors will be consulted
Councillors would be during the preconsultation stage
made aware of an
application.
Recommended Changes Section 7.3 has been revised to clarify the
involvement of the Mayor and Ward Councillors
during the preconsultation stage.
September 2014 Page 3 of 22
80
Comment Response
Vic Rudik— 1855 Rosebank Road
11. Ensure proponents Section 4 of Industry Canada's Radiocommunication
comply with the City's and Broadcasting Antenna Systems, Client Procedures
Protocol. Circular, Issue 5 requires proponents to follow the local
municipality's land-use consultation process where one
exists.
Recommended Changes No change recommended.
12. Ensure protocol helps The protocol includes the City's preferred siting and
Pickering residents design practices.
understand the best
siting practices, design
and screening and
proven health effects
(not the many alleged).
Recommended Changes No change recommended
13. Disagree with listing of Conservation lands are generally discouraged as
conservation lands as locations-for cell towers because of the impact these
undesirable locations. installations may have on natural features (including the
Trees, topography and impact of introducing access roads). However, the City
other physical features in has supported towers in these locations on a site-
many such areas offer specific basis.
effective screening for
facilities at eye level and
at distance. In addition,
most such lands provide
excellent separation from
residential areas while
maintaining technical -
standards for
communications.
Recommended Changes No change recommended
September 2014 Page 4 of 22
81
ATTACREPtTO 1 TO
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Comment Response
Pickering Westshore Community Association
(Includes comments from Cat Beattie and Andy McKinnon, residents within the West
Shore Community, and Andre Pilon on behalf of the West Shore Community
Association )
14. Expressed concern that The City Development Department circulated the draft
the Pickering Westshore protocol to all registered resident associations, as
Community Association provided by the Clerks department. At the time of
was not circulated the circulation, the Pickering Westshore Community
draft Association was not a registered association, but has
Radiocommunication since been added to the list.
and Broadcasting
Protocol and other
resident associations
were not notified:
Recommended Changes NIA
15. Recommended that the Agreed.
City Protocol include
language that would
require the proponent to
re-circulate a proposal
should the location
change following the
initial public consultation.
Recommended Changes Sections 8.2 and 9.1 of the recommended protocol
have been amended with the following wording:
A recirculation of the public notification packages
will be required if the proposed antenna system has
been relocated as a result of the initial public
consultation process.
September 2014 Page 5 of 22
82
•
ATTAMEM 1 10
REPORTO
Comment Response
16. Recommended that The circulation radius provided in the City's protocol is
circulation be a minimum appropriate. If a greater circulation is warranted, it will
of 6 times the height of be considered at the preconsultation stage, in
the tower or 500 metres consultation with the Ward Councillors and Mayor.
(cited Town of Ajax
policy) whichever is
greater in urban areas
and a 1 kilometre radius
in rural areas.
Recommended Changes No change recommended.
17. Recommended that The protocol is intended to address the siting and
Pickering adopt a policy design preferences of the City. Health and safety
requesting Radio concerns related to cell towers are beyond the scope
Frequency emissions and intent of the City's protocol.
from towers be kept at
100 times less than what
Safety Code 6 currently
allows (cited City of
Toronto Policy).
Recommended Changes No change recommended.
18. Recommended that The protocol is intended to address the siting and
protocol include design preferences of the City. Health and safety
independent monitoring concerns related to cell towers are beyond the scope
of the Radio Frequency and intent of the City's protocol.
emissions of cell towers
on a regular basis to
ensure cumulative
emissions from multiple
sources are not
exceeding limits and
make this information
publically accessible.
Recommended Changes No change recommended
•
September 2014 Page 6 of 22
83
i
•
ATT 6 414NT# - -- TO •
REPORTO
Comment Response
19. Recommended that Policies on redundant antenna systems have been
protocol include a policy added to the recommended protocol.
requirement that the City
and the proponent
execute an agreement
requiring the removal of
a tower that has been
decommissioned, left
abused or abandoned for
2 or more years.
Taxpayers should not be
responsible for the tear
down and disposal of
towers.
Recommended Changes Section 10.3 has been added to the recommended
protocol as follows:
The Director (or designate) may issue a request to a
network operator to clarify that a specific Antenna
System is still required to support communication
network activity. The network operator will respond
within 30 days of receiving the request, and will
provide any available information on the future
status or planned decommissioning of the Antenna
System.
Where the network operator concurs that an
Antenna System is redundant, the network operator
and the City of Pickering will mutually agree on a
timeframe to remove the system and all associated
buildings and equipment from the site. Removal will
occur no later than 2 years from when the Antenna
System was deemed redundant.
20. Recommended that City Co-location opportunities are considered during the
Protocol require review process but not "required." Co-location
proponents to enter into opportunities are examined in the Site Justification
an agreement requiring Report, but not always recommended. There may be
co-location. circumstances where co-location may not be desired
because of the impact on the neighbourhood or on
tower design.
Recommended Changes No change recommended
September 2014 Page 7 of 22
84
•
REPORTf7
Comment Response
21. Recommended that The definition of"Community Sensitive Locations" has
Section 1.0 Definitions — been removed from the protocol. Decisions on cell
"Community Sensitive tower locations are best made through site-specific
Locations" be refined to discussions with residents and proponents based on the
clearly indicate policies of section 6.2 (Preferred Locations) and section
playgrounds, daycare 6.3 (Discouraged Locations), rather than by a generic
centres, schools, parks definition.
and church property.
Recommended Changes Definition of"Community Sensitive Locations"
deleted from the protocol.
22. Recommended that The protocol discourages towers within Environmentally
Section 1.0 Definitions - Sensitive Locations. The specific exclusion of parks and
"Environmentally open spaces is not supported as these areas would not
Sensitive Lands" include always be environmentally sensitive. In certain
parks and open spaces, instances locating a tower in a park or open space area
as towers located in the may be appropriate.
middle of parks ruin the Health and safety concerns related to cell towers are
view may create possible beyond the scope and intent of the City's protocol.
health and safety
concerns.
Recommended Changes No change recommended.
23. Expressed concern with The purpose and objective of the recommended
the wording of Section protocol is to outline the City's.public consultation
2.1 (3) the purpose of process, siting and design guidelines and enable the
protocol "to enable the development of a high calibre wireless
development of a high telecommunication service (for economic, emergency
calibre wireless service and telecommunication purposes). In
telecommunications considering cell tower locations, all three objectives
service in Pickering". must be weighed and considered.
The purpose and
objective should be to
minimize visual clutter,
keep Pickering beautiful,
protect health and safety
of citizens, protecting the
wildlife and natural
spaces and protecting
our heritage etc.
Recommended Changes No change recommended.
September 2014 Page 8 of 22
85
REPOU0
Comment Response
24. Requested that the The protocol has been amended to provide greater
statement in Section 3.1 clarity on the roles and responsibilities of Industry
which indicates the City Canada and the City of Pickering in the review of
of Pickering does not antenna systems.
have the authority to
stop construction of a
tower facility be deleted.
It was recommended that
the City protocol indicate
that the final decision
rests with Industry
Canada which requires
proponents to comply
with the local protocol.
Recommended Changes Sections 3.1, 8.3 o), 8.5 and 8.6 g) have been
amended with the following wording:
"Telecommunication tower/antenna systems are
regulated exclusively by Federal Legislation under
the Federal Radiocommunication Act and
administered by Industry Canada. Provincial
legislation such as the Planning Act, including
zoning by-laws, does not apply to these facilities.
The City of Pickering is participating in land-use
consultation pursuant to Issue 5 of Industry
Canada's CPC 2-0-03. In the case of a dispute
between the proponent and the City, a final decision
will be made by Industry Canada."
25. Recommended that Section 4.1 of the protocol is consistent with the
Section 4.1 (b) be exclusions and wording published by Industry Canada.
revised to require The request to require consultation for increases in
notification be provided tower height is not supported. It is important to note that
where an increase in the in the event a proposal increases the height of the
height of an existing existing tower beyond the exemption allowance then the
• tower is proposed. proponent will be required to undertake a public
consultation process.
Recommended Changes No change recommended.
September 2014 Page 9 of 22
86
PTV s��TQ
REPORTV
•
Comment Response
26. Questioned whether Section 5.0 of the City's protocol requires the Director
Section 5.0 permits City (or alternate) to consult with the Mayor and Ward
and Regional Councillors Councillors on the notification requirements and
to broaden area of the following this, to broaden the public circulation. This
public notice as they see process is appropriate.
fit or is it the Director's
decision. It was
recommended that the
wording be revised to
permit the Mayor, City
and Regional Councillors -
to extend the notification
area.
Recommended Changes No change recommended.
27. Recommended that Section 7.4 b) of the City's protocol requires the Site
proponents be required Selection/Justification Report to examine co-location
to provide proof opportunities. This report must be prepared by a
regarding co-location qualified professional such as a land use planner or
opportunities by a engineer.
professional planner or
engineer.
Recommended Changes No change recommended.
28. Recommend changing The existing wording provides the City with the flexibility
wording in 6.2 Preferred needed to respond to site-specific circumstances and
Locations from neighbourhood input obtained through the review
"proponents are process.
encouraged" to
"proponents will" to
strengthen the policy.
Recommended Changes No change recommended.
Page 10 of 22
September 2014 Pa g
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Comment Response
29. Recommended that In some instances co-location may result in design
policy 6.2(b) be revised alterations to an existing tower that may create an
to secure co-location undesired outcome. Efforts to minimize the visual
through an agreement impact of the tower could be jeopardized with additional
with the proponent and antennas attached to it. Co-location should be
further recommended encouraged, but not made mandatory.
that all towers be
designed to
accommodate at
minimum 2 or more
additional carriers.
Recommended Changes No change recommended.
30. Expressed concerns with Proponents are required to comply with the applicable
the wording of Section Building Code regulations.
6.2 (f) as it does not
address potential
conflicts with building
codes in the event an
alteration is required to a
building or roof.
Recommended Changes No change recommended.
31. It was suggested the City The City's application form stipulates the,required fees,
protocol enhance the including review fees for the applicable conservation
submission requirements authority.
to require fees and The requirement for a tree inventory and preservation
documentation for the plan will be discussed with proponents during the pre-
applicable conservation consultation process.
authority and a tree
inventory and •
preservation plan.
Recommended Changes No change recommended.
September 2014 Page 11 of 22
88
R
Comment Response
32. Suggested that Section The City's protocol encourages the location of antenna
6.3 (a) be revised to systems on buildings to minimize the erection of stand
indicate "the city alone towers. Health and safety concerns related to cell
discourages installation towers are beyond the scope and intent of the City's
of antenna systems in protocol. Regardless of location, all proponents are
residential areas required to meet and maintain compliance with the
including high rise requirements of Safety Code 6.
buildings". The reason
for this request is based
on possible health
effects from the antenna
systems.
Recommended Changes No change recommended.
33. Suggested that the All proposals near or on Environmentally Sensitive
wording of Section 6.3 Lands will require consultation with the applicable
(c) be amended to Conservation Authority. Each proposal will be reviewed
discourage new facilities on its merits and an appropriate setback will be
in proximity to determined through that review
environmentally sensitive
lands. It was suggested
that a minimum setback
equal to the height of the
•
tower be applied.
Recommended Changes No change recommended.
34. Questioned whether a No template has been created; however, Section 7.4 b)
template has been provides guidance respecting the information the City
prepared for the Site will need to conduct our review.
Selection/Justification
Report that would be
required in Section 6.3 if
the proponent pursues a
proposal in a
discouraged location.
Recommended Changes No change recommended.
September 2014 Page 12 of 22
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• Comment Response
35. Suggested that the Agree.
wording in Section 6.4
be changed to "shall use
the guidelines" instead of
"are encouraged to".
Recommended Changes Section 6.4 has been amended.
36.. Suggested that the Co-location on towers is a principle objective of the City
wording in Section 6.4 protocol. However, a strict application of co-location.
(a) be changed to may have undesirable visual impacts in certain
require proponents to instances. Certain tower designs (such as monopoles)
design their towers to can be negatively impacted with multiple antenna
allow for future systems. The recommended protocol has been
co-location. amended to require designs that accommodate co-
location, where appropriate.
Recommended Changes Section 6.4 a) has been amended as follows:
The design should accommodate for future co-
location of additional carriers, where appropriate.
37. Suggested that the Colour selection of the tower will be determined through
wording in Section 6.4 (f) the review of the proposal and may be subject to the
be amended to indicate requirements of Transport Canada.
neutral colours should
blend with the "sky" and
•
surrounding landscape.
Recommended Changes No change recommended.
38. Suggested that the Landscape requirements are reviewed by the City and
wording in Section 6.4 the selection of native species is a common practice.
(d) require landscape
materials achieve a
minimum 80% coverage
within two years of
installation and consists
of native plant species.
Recommended Changes No change recommended.
September 2014 Page 13 of 22
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Comment Response
39. Suggested that the Section 6.4 g) indicates that towers should not be
wording in Section 6.4 illuminated unless required by Transport Canada.
(g) respecting
illumination of the tower
be expanded to include
provisions restricting light
levels to the minimal
amount required,
non-intrusion of lighting
to surrounding properties
and that it be dark sky
friendly. If lighting is
required by Navigation
Canada the proponent
should be required to
provide proof.
Recommended Changes No change recommended.
40. Recommended that The City is reluctant to require the addition of signage to
Section 6.4 (h) be a cell tower and/or tower site that could potentially
amended to require create an additional visual impact on a neighbourhood.
signage that indicates Information requests related to cell tower owners could
the owners name and be directed to Industry Canada.
contact information.
Recommended Changes No change recommended.
41. Recommended that This section applies to amateur radio operators, and
Section 6.5 (a) and (c) permits a maximum tower height of 15 metres. Many
establish a setback residential properties could not accommodate a setback
equal to the height of the equal to the height of the tower.
tower.
Recommended Changes No change recommended.
September 2014 Page 14 of 22
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Comment ' Response
•
42., Questioned-whether a The City protocol requires the proponent to submit a
template has been Site Justification/Selection Report prepared by a
prepared for the Site qualified professional such as a land use planner or
Selection/Justification engineer, as part of the formal submission
Report and reiterated • requirements. No template has been created. Section
that this report should be 7.4 of the protocol provides the City's formal submission
prepared by a qualified requirements.
professional. Also
recommended that the
report address all towers
within 500 metres of the
proposed location.
Recommended Changes No change recommended.
43. Questioned whether The 120 day consultation process does not commence
incomplete requests as until a request is deemed complete. incomplete
identified in Section 7.5 requests will not be circulated.
will slow down the
application.
Recommended Changes No change recommended.
44. Recommended that Health and safety concerns related to cell towers are
Section 8.3 (f) be beyond the scope and intent of the City's protocol. The
amended to adopt the City also does not have the expertise or resources to
same guidelines as the monitor such a policy.
City of Toronto Prudent
Avoidance Policy, which
requires towers to be
operated ata level 100
times less than allowed •
in Safety Code 6.
Recommended Changes No change recommended. -
September 2014 Page 15 of 22
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6 EPORTsr /°`n/
Comment Response
45. Recommended that Staff will consult with the Mayor and Ward Councillors to
Section 8.7 (a) be determine if a public information session is warranted.
amended to require a The proponent will be advised of this request in the
public information pre-consultation summary.
session if the proposed
location is within a
distance of 6 times the
height of the proposed
tower to a residential
area.
Recommended Changes No change recommended.
46. Recommended that Section 10.2 provides the Director with the discretion to
Section 10.2 be require supplementary consultation.
amended to require
supplementary public
consultation if 270 days
have past since the initial
public notification.
Recommended Changes No change recommended.
47. Requested that towers There may be instances where the erection of a tower
be banned in church on a church property may be appropriate. The request
yards. to ban them on these properties is not supported and
each proposed will be reviewed on its individual merits.
Recommended Changes No change recommended.
•
September 2014 Page 16 of 22
93
•
Comment Response
Heritage Pickering Advisory Committee
(From January 23, 2014 meeting)
48. Recommended that Agree.
section 6.3 d),
Discouraged Locations,
be amended to
discourage adjacent to
(immediately next to) •
heritage properties or •
Heritage Conservation
Districts.
Recommended Changes The Section 6.3 has been amended as follows:
d) On, or immediately adjacent to, Heritage
Properties or within Heritage Conservation Districts
49. Recommended that cell Towers maybe required to be erected in the agricultural
towers be discouraged in area to service the rural communities and businesses.
the agriculture preserve.
Recommended Changes No change recommended.
50. Requested that Cell Agree.
Tower applications
located on heritage
properties, Heritage
- Conservation Districts or
adjacent to are circulated
to the Committee for
comment.
Recommended Changes Section 8.2 has been amended as follows:
d) For proposals on, or immediately adjacent to
Heritage Properties or Heritage Conservation
Districts, the Heritage Pickering Advisory.
Committee shall be provided a copy of the public
notification package.
September 2014 Page 17 of 22
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Comment Response
Altona Forest Stewardship Committee
51. Recommended that the We are concerned with adding the word "adjacent" to
wording of Section 6.3 these lands as the area may be well suited to provide
c), Discouraged visual screening of the proposed tower provided they do
Locations, be revised to not negatively impact the Environmentally Sensitive
include wording to lands. All proposals near Environmentally Sensitive
discourage towers Lands will require in consultation with the applicable
"adjacent" to Conservation Authority
Environmentally
sensitive lands (such as
the Altona Forest).
Recommended Changes No change recommended.
52. Requested clarification All resident associations will be circulated proposals in
that the Altona Forest accordance with Section 8.2. of the recommended
Stewardship Committee protocol. The Altona Forest Stewardship Committee
is on the list of resident has been added to the list of registered resident
associations to ensure associations.
they would circulate
proposals in accordance
with Section 8.2 a).
Recommended Changes No change recommended.
September 2014 Page 18 of.22
•
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Comment Response
Stephen D'Agostino, Thompson Rogers Lawyers
(Solicitors for Bell Mobility, Rogers Wireless and TELUS)
53. Concerned that draft The draft protocol removed the exclusion criteria applied
protocol does not respect to proposed towers under 15 metres in height, from land
Industry Canada's Use authority and public consultation.
mandatory exclusions. Since that time Industry Canada recently amended their
default protocol to remove this exemption as it applies to
towers under 15 metres. A proposed tower less than
15 metres in height to be used for telecommunication or
broadcasting purposes is required to undertake the
required consultation process.
The recommended protocol has been amended to be
consistent with Industry Canada's amendments
• published in July 2014.
Recommended Changes Section 4.1 has been amended.
•
54. Expressed concerns that Agree.
the City's requirements
for a preconsultation
submission are too
onerous. .
Recommended Changes Section 7.2 Preconsultation Meeting Requirements •
has been amended to ensure proponents are aware
of the City's protocol and for staff to identify local
issues and concerns. This meeting will provide an
opportunity to discuss the requirements of the City
•
protocol and the review process.
September 2014 Page 19 of 22
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Comment Response
55. Identified an issue with We acknowledge these requirements may conflict with
the draft protocol that each other. Each proposal will be reviewed on its own
promotes the use of merits.
unobtrusive towers
designs (i.e. monopoles)
while requiring
co-location at the same
time. It was suggested
the City adopt a policy
promoting co-location
towers away from
residential areas and
unobtrusive designs are
preferred near residential
areas.
Recommended Changes No change recommended.
56. Expressed concern that The proposed notification requirements within the
the notification recommended protocol are consistent with the
requirements in the City circulation requirements for Planning Act applications in
protocol may encourage the City of Pickering. City Staff continually receive
carriers to pursue greater public concerns with lack of notice for installations
towers as there would be based on Industry Canada's requirements.
no benefit to a smaller
tower that would typically
have a reduced
notification.
Recommended Changes No change recommended.
57. Disagrees with Section 10.2 provides the Director with the discretion to
requirement for second require supplementary consultation. If sufficient time
round of public has passed since initial consultation, proponents can
notification if 270 days expect.a request to conduct supplementary
have elapsed from initial consultation; however there may be situations where
public consultation. supplementary consultation may not be necessary.
Recommended it be
deleted.
•
Recommended Changes No change recommended.
September 2014 Page 20 of 22
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Comment Response
58. Disagrees with the The protocol has been amended to provide greater
commentary in various clarity on the roles and responsibilities of Industry
sections of the protocol Canada and the City of Pickering in the review of
that describes the City's antenna systems.
role as a commenting
body only. The spectrum
licence issued by
Industry Canada requires
the carriers to obtain
concurrence from the
land use authority.
Industry Canada's
involvement only occurs
where a dispute exists
between proponent and
municipality.
Recommended Changes Sections 3.1, 8.3 o), 8.5 and 8.6 g) have been
amended with the following wording:
"Telecommunication tower/antenna systems are
regulated exclusively by Federal Legislation under
the Federal Radiocommunication Act and
administered by Industry Canada. Provincial
legislation such as the Planning Act, including
zoning by-laws, does not apply to these facilities.
The City of Pickering is participating in land-use
consultation pursuant to Issue 5 of Industry
Canada's CPC 2-0-03. In the case of a dispute
between the proponent and the City, a final decision
will be made by Industry Canada".
•
September 2014 Page 21 of 22
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Comment Response
59. Recommended that the We are concerned with what constitutes a change in
duration of concurrence circumstance. Delegating this interpretation to staff may
be extended where there not be appropriate.
has not been a change Industry Canada's default protocol has been amended
in circumstance. to address post consultation time limits and we have
Recommended that this amended the wording of the City protocol for
decision be delegated to consistency.
staff.
Recommended Changes Section 9.3 has been re-titled Post-Consultation
Construction Time Limit. It reads as follows:
The construction of an antenna system must be
completed within three years of the conclusion of
consultation. After three years, previous
consultations will no longer be valid.
•
September 2014 Page 22 of 22
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ATTACHMENTO
Industry Industrie REPORT#
MI Canada Canada
CPC-2-0-03
Issue 5
Released: June 26, 2014
Effective: July 15, 2014
Spectrum Management and Telecommunications
•
Client Procedures Circular •
Radiocommunication and Broadcasting
Antenna Systems
•
Aussi disponible en frangais — CPC-2-0-03 Canada'
100
ATTdT# —
REPORT#
•
Comments and suggestions may be directed to the following address:
Industry Canada
Spectrum Management Operations Branch
235 Queen Street
Ottawa, Ontario
KlA OH5
Attention:DOSP
Via e-mail: spectrumsubs @ic.gc.ca
All Spectrum Management and Telecommunications publications are available on the following website
at:http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home.
•
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Contents
1. Introduction 3
1.1 Mandate 3
1.2 Application 3
1.3 Process Overview 3
2. Industry Canada Engagement 4
3. Use of Existing Infrastructure(Sharing) 4
4. Land-use Authority and Public Consultation 5
4.1 Land-use Authority Consultation 6
4.2 Industry Canada's Default Public Consultation Process 7
4.3 Concluding Consultation 9
4.4 Post-Consultation 11
5. Dispute Resolution Process 11
6. Exclusions
11
7. General Requirements 12
7.1 Radio Frequency Exposure Limits 13
7.2 Radio Frequency Immunity 14
7.3 Proximity of Proposed Structure to Broadcasting Undertakings 14
7.4 Canadian Environmental Assessment Act 14
7.5 Aeronautical Safety 15
Appendix 1 —Industry Canada's Default Public Consultation Process -Public Notification
Package
17
1 0 2 •
ATTACHMENT# TO
REPORT!- ti i g?-/`f
Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03
1. Introduction
Radiocommunication and broadcasting services are important for all Canadians and are used daily by
the public, safety and security organizations, government,wireless service providers,broadcasters,
utilities and businesses. In order for radiocommunication and broadcasting services to work, antenna
systems including masts,towers, and other supporting structures are required.Antenna systems are
normally composed of an antenna and some type of supporting structure, often called an antenna tower.
Most antennas have their own integral mast so that they can be fastened directly to a building or a tower.
constrained to
There is a certain measure of flexibility in the placement of antenna systems which is c o
some degree by:the need to achieve acceptable coverage for the service area;the availability of sites;
technical limitations; and safety. In exercising its mandate, Industry Canada believes that it is important
that antenna systems be deployed in a manner that considers the local surroundings.
1.1 Mandate
Section 5 of the Radiocommunication Act states that the Minister may,taking into account all matters
the Minister considers relevant for ensuring the orderly development and efficient operation of
radiocommunication in Canada, issue radio authorizations and approve each site on which radio
apparatus, including antenna systems, may be located.Further,the Minister may approve the erection of
all masts,towers and other antenna-supporting structures.Accordingly, proponents must follow the
process outlined in this document when installing or modifying an antenna system.Also,the installation
of an antenna system or the operation of a currently existing antenna system that is not in accordance
with this process may result in its alteration or removal and other sanctions against the operator in
accordance with the Radiocommunication Act.
1.2 Application
The requirements of this document apply to anyone(referred to in this document as the proponent)who
is planning to install or modify an antenna system,' regardless of the type.This includes
telecommunications carriers,2 businesses,governments, Crown agencies, operators of broadcasting
undertakings and the public (including for amateur radio operation and over-the-air TV reception).
Anyone who proposes,uses or owns an antenna system must follow these procedures. The requirements
also apply to those who install towers or antenna systems on behalf of others or for leasing purposes
("third party tower owners").As well,parts of this process contain obligations that apply to existing
antenna system owners and operators.
•
1.3 Process Overview
This document outlines the process that must be followed by proponents seeking to install or modify
antenna systems.The broad elements of the process are as follows:
1 For the purposes of this document,an"antenna system"is normally composed of an antenna and some sort of supporting
structure,normally a tower.Most antennas have their own integral mast so that they can be fastened directly to a
building or a tower.Thus,where this document refers to an"antenna,"the term includes the integral mast.
2 For the purpose of this document,a"telecommunications carrier"means a person who owns or operates a transmission
facility used by that person or another person to provide telecommunications services to the public for compensation.
3
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1. Investigating sharing or using existing infrastructure before proposing new antenna-supporting
structures.
2. Contacting the land-use authority(LUA)to determine local requirements regarding antenna systems.
3. Undertaking public notification and addressing,relevant concerns,whether by following local LUA
requirements or Industry Canada's default process, as is required and appropriate.
4. Satisfying Industry Canada's general and technical requirements.
5. Completing the construction.
It is Industry Canada's expectation that steps (2)to (4)will normally be completed within 120 days.
Some proposals may be excluded from certain elements of the process (see Section 6). It is Industry
Canada's expectation that all parties will carry out their roles and responsibilities in good faith and in a
manner that respects the spirit of this document. If the requirements of this document are satisfied and
the proposal proceeds then, under step (5), construction of the antenna system must be completed within
three years of conclusion of consultation.
2. Industry Canada Engagement
There are a number of points in the processes outlined in this document where parties must contact
Industry Canada to proceed.Further, anyone with any question regarding the process may contact the
local Industry Canada office3 for guidance. Based on a query by an interested party, Industry Canada
may request parties to provide relevant records and/or may provide direction to one or more parties to
undertake certain actions to help move the process forward.
3. Use of Existing Infrastructure (Sharing)4
This section outlines the roles of proponents and owners/operators of existing antenna systems. In all
cases,parties should retain records (such as analyses, correspondence and engineering reports)relating
to this section.
Before building a new antenna-supporting structure, Industry Canada requires that proponents first
explore the following options:
. consider sharing an existing antenna system,modifying or replacing a structure if necessary;
3 Please refer to Radiocommunication Information Circular RIC-66 for a list of addresses and telephone numbers for
Industry Canada's regional and district offices.RIC-66 is available via the Internet at:http://www.ic.gc.ca/eic/site/smt-
gst.nsf/eng/h_sf06073.html.
4 See also Client Procedures Circular CPC-2-0-17,Conditions of Licence for Mandatory Roaming and Antenna Tower and
Site Sharing and to Prohibit Exclusive Site Arrangements.CPC-2-0-17 is available via the Internet at:
http://www.ic.ac.ca/eic/site/smt-est.nsf/enaisf09081.html.
4 •
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locate, analyze and attempt to use any feasible existing infrastructure such as rooftops,water towers
etc.
A proponent is not normally expected to build a new antenna-supporting structure where it is feasible to
locate an antenna on an existing structure,unless a new structure is preferred by the land-use authority.
Owners and operators of existing antenna systems are to respond to a request to share.in a timely fashion
and to negotiate in good faith to facilitate sharing where feasible.It is anticipated that 30 days is
reasonable time for existing antenna system owners/operators to reply to a request by a proponent in
writing with either:
• a proposed set of reasonable terms to govern the sharing of the antenna system; or
• a detailed explanation of why sharing is not possible.
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 and to discuss local preferences regarding antenna system siting and/or design, 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.The
120-day consultation period commences only once proponents have formally submitted, in writing, all
plans required by the land-use authority, and does not include preliminary discussions with land-use
authority representatives.
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,5 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
5 Proponents are encouraged to refer to local community and online resources(for example,the Aboriginal and Treaty
Rights Information System(ATRIS)(http://sidait-atris.aadnc-aandc.gc.ca/atris online/home-accueil.asox)as applicable.
5
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Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03
•
proposal from consultation or it is excluded by Industry Canada's criteria.6 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 have 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 received
CRTC approval. However, broadcasting applicants choosing this approach are required, at the time of
the CRTC 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 raise 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. Refer to 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.The aim of this
consultation is to:
• discuss site options;
• ensure that local processes related to antenna systems are respected;
• address reasonable and relevant concerns (see Section 4.2) from both the land-use authority and the
community they represent; and
•
• obtain land-use authority concurrence in writing.
Land-use authorities are encouraged to establish reasonable,relevant, and predictable consultation
processes7 specific to antenna systems that consider such things as:
6 In all cases,telecommunications carriers,broadcasting undertakings and third party tower owners must notify and
consult with the local public when proposing a new antenna tower either by following Industry Canada's Default Public
Consultation Process or,where one exists,the land-use authority's public consultation process..
Industry Canada is available to assist land-use authorities in the development of local processes.In addition,land-use
authorities may wish to consult Industry Canada's guide for the development of local consultation processes.
6
•
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Radiocommunication and Broadcasting Antenna.Systems CPC-2-0-03
• 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 consultation those installations located
within industrial areas removed from residential areas, low visual impact installations, or certain types of
structures located within residential areas such as personal antenna systems(e.g.used for over the air
and satellite television reception or amateur radio operation).
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. 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 1)to the local public(including nearby residences, community gathering areas,public
institutions, schools, etc.),neighbouring land-use authorities, businesses, and property owners, etc.
•
Municipalities may also wish to refer to the protocol template developed in partnership between the Federation of
Canadian Municipalities(FCM)and the Canadian Wireless Telecommunications Association(CWTA).The
FCM/CWTA template can be found on the FCM's website www.fcm.ca.
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located within a radius of three times the tower height.8 The radius is measured from the outside
perimeter of the supporting structure.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.Public notification of an upcoming consultation must be
clearly marked,making reference to the proposed antenna system, so that it is not misinterpreted as
junk mail.The notice must be sent by mail or be hand delivered. The face of the package must
clearly reference that the recipient is within the prescribed notification radius of the proposed
antenna system.
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 an antenna system
proposed to be 30 metres or more in height must place a notice in a local community newspaper
circulating in the proposed area.9 Height is measured from the lowest ground level at the base,
including the foundation, to the tallest point of the antenna system.Depending on the particular
installation,the tallest point may be an antenna, lightning rod, aviation obstruction lighting or some
other appurtenance.Any attempt to artificially reduce the height(addition of soil, aggregate, etc.)
will not be included in the calculation or measurement of the height of the antenna system.
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.
8 Proponents are advised that municipalities may set reasonable public notification distances appropriate for their
communities when establishing their own protocols.
9 The notice must be synchronized with the distribution of the public notification package.It must be legible and placed in
the public notice section of the newspaper.The notice must include:a description of the proposed installation; its
location and street address;proponent contact information and mailing address;and an invitation to provide public
comments to the proponent within 30 days of the notice.In areas without a local newspaper,other effective means of
public notification must be implemented.Proponents may contact the local Industry Canada office for guidance.
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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.?
Concerns that are not relevant include:
• disputes with members of the public relating to the proponent's service,but unrelated to antenna
installations;
• potential effects that a proposed antenna system will have on property values or municipal taxes;
• questions whether the Radiocommunication Act,this document, Safety Code 6, locally established
by-laws,other legislation, procedures or processes are valid or should be reformed in some manner.
4.3 Concluding Consultation
The proponent may only commence installation/modification of an antenna system after the consultation
process has been completed by the land-use authority, or Industry Canada confirms concurrence with the
consultation portion of this process, and after all other requirements under this process have been met.
Consultation responsibilities will normally be considered complete when the proponent has:
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1. concluded consultation requirements(Section 4.1)with the land-use authority;
2. carried out public consultation either through the process established by the land-use authority or
Industry Canada's Default Public Consultation Process where required; and
3. addressed all reasonable and relevant concerns.
Concluding Land-use Authority Consultation
Industry Canada expects that land-use consultation will be completed within 120 days from the
proponent's initial formal contact with the local land-use authority. Where unavoidable delays maybe
encountered, the land-use authority is expected to indicate when the proponent can expect a response to
the proposal. If the authority is not responsive,the proponent may contact Industry Canada. Depending
on individual circumstances, Industry Canada may support additional time or consider the land-use
authority consultation process concluded.
Depending on the land-use authority's own process, conclusion of local consultation may include such
steps as obtaining final concurrence for the proposal via the relevant committee, a letter or report
acknowledging that the relevant municipal process or other requirements have been satisfied, or other
valid indication, such as the minutes of a town council meeting indicating LUA approval. Compliance
with informal city staff procedures, or grants of approval strictly related to zoning, construction, etc. will
not normally be sufficient. ,
Industry Canada recognizes that approvals for construction(e.g.building permits) are used by some
land-use authorities as evidence of consultation being concluded. Proponents should note that
Industry Canada does not consider the fact a permit was issued as confirmation of concurrence, as
• different land-use authorities have different approaches.As such, Industry Canada will only consider
such approvals as valid when the proponent can demonstrate that the LUA's process was followed and
that the LUA's preferred method of concluding LUA consultation is through such an approval.
Concluding Industry Canada's Default Public Consultation Process
Industry Canada's Default Public Consultation Process will be considered concluded when the
proponent has either:
. received no written questions, comments or concerns to the formal notification within the 30-day
public comment period; or
• if written questions, comments or concerns were received,the proponent has addressed and resolved
all reasonable and relevant concerns and the public has not provided further comment within the
21-day reply comment period.
In the case where the public responds within the 21-day reply comment period, the proponent has the
option of making further attempts to address the concern on its own, or can request Industry Canada
engagement. If a request for engagement is made at this stage, Industry Canada will review the relevant
material,request any further information it deems pertinent from any party and may then decide that:
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• the proponent has met the consultation requirements of this process and that Industry Canada concurs
that installation or modification may proceed; or
• the parties should participate in further attempts to mitigate or resolve any outstanding concern.
4.4 Post-Consultation
Whether the proponent followed a land-use authority's consultation process or Industry Canada's default
public consultation process, construction of an antenna system must be completed within three years of
the conclusion of consultation.After three years, consultations will no longer be deemed valid except in
the case where a proponent secures the agreement of the relevant Land-Use Authority to an extension
for a specified time period in writing. A copy of the agreement must be provided to the local Industry
Canada office.
5. Dispute Resolution Process
The dispute resolution process is a formal process intended to bring about the timely resolution where
the parties have reached an impasse.
Upon receipt of a written request from a stakeholder other than the general public, asking for
Depai tuiental intervention concerning a reasonable and relevant concern,the Department may request
that all involved parties provide and share all relevant information.The Department may also gather or
obtain other relevant information and request that parties provide any further submissions if applicable.
The Department will,based on the information provided, either:
• make a final decision on the issue(s) in question, and advise the parties of its decision; or
• suggest the parties enter into an alternate dispute resolution process in order to come to a final
decision. Should the parties be unable to reach a mutually agreeable solution, either party may request
that the Department make a final decision.
Upon resolution of the issue under dispute,the proponent is to continue with the process contained
within this document as required.
6. Exclusions
All proponents must satisfy the General Requirements outlined in Section 7 regardless of whether an
exclusion applies to their proposal.All proponents must also consult the land-use authority and the
public unless a proposal is specifically excluded.Individual circumstances vary with each antenna
system installation and modification,and the exclusion criteria below should be applied in consideration
of local circumstances. Consequently, it may be prudent for the proponent to consult even though the
proposal meets an exclusion noted below.Therefore,when applying the criteria for exclusion,
proponents should consider such things as:
• the antenna system's physical dimensions, including the antenna,mast, and tower, compared to the
local surroundings;
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• the location of the proposed antenna system on the property and its proximity to neighbouring
residents;
• the likelihood of an area being a community-sensitive location; and
• Transport Canada's marking and lighting requirements for the proposed structure.
The following proposals are excluded from land-use authority and public consultation requirements:
• New Antenna Systems: where the height is less than 15 metres above ground level.This exclusion
does not apply to antenna systems proposed by telecommunications carriers, broadcasting
undertakings or third party tower owners;
•
• Existing Antenna Systems: where modifications are made, antennas added or the tower replaced)°,
including to facilitate sharing,provided that the total cumulative height increase is no greater than
25% of the height of the initial antenna system installation11.No increase in height may occur within
one year of completion of the initial construction. This exclusion does not apply to antenna systems
using purpose built antenna supporting structures with a height of less than 15 metres above ground
level operated by telecommunications carriers, broadcasting undertakings or third party tower owners;
• Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be excluded from
consultation provided that the height above ground of the non-tower structure, exclusive of
appurtenances, is not increased by more than 25%;12 and
• Temporary Antenna Systems: used for special events or emergency operations and must be removed
within three months after the start of the emergency or special event.
No consultation is required prior to performing maintenance on an existing antenna system.
Proponents who are not certain if their proposals are excluded, or whether consultation may still be
prudent, are advised to contact the land-use authority and/or Industry Canada for guidance.
Height is measured from the lowest ground level at the base, including the foundation,to the tallest
point of the antenna system. Depending on the particular installation,the tallest point may be an
antenna, lightning rod, aviation obstruction lighting or some other appurtenance.Any attempt to
artificially reduce the height(addition of soil, aggregate, etc.)will not be included in the calculation or
measurement of the height of the antenna system.
7. General Requirements
In addition to roles and responsibilities for site sharing, land-use consultation and public consultation,
proponents must also fulfill other important obligations including: compliance with Health Canada's
10 The exclusion for the replacement of existing antenna systems applies to replacements that are similar to the original
design and location.
11 Initial antenna system installation refers to the system as it was first consulted on,or installed.
12 Telecommunication carriers,operators of broadcasting undertakings and third party tower owners may benefit from local
knowledge by contacting the land-use authority when planning an antenna system that meets this exclusion criteria.
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Safety Code 6 guideline for the protection of the general public; compliance with radio frequency
immunity criteria;notification of nearby broadcasting stations;environmental considerations; and
Transport Canada/NAV CANADA aeronautical safety responsibilities.
7.1 Radio Frequency Exposure Limits
established safety guidelines for exposure Health Canada has establ ty gu osure to radio frequency fields, in its Safety p
Code 6 publication, entitled:Limits of Human Exposure to Radiofrequency Electromagnetic Fields in
the Frequency Range from 3 kHz to 300 GHz.13 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. Current biomedical studies in Canada and other countries indicate that there is no •
scientific or medical evidence that a person will experience adverse health effects from exposure to
radio frequency fields,provided that the installation complies with Safety Code 6.
It is the responsibility of proponents and operators of installations to ensure that all radiocommunication
and broadcasting installations comply with Safety Code 6 at all times, including the consideration of
combined effects of nearby installations within the local radio environment.
Telecommunications common carriers and operators of broadcasting undertakings are to carry out an
exposure evaluation on all new installations and following any increases in radiated power.Either
measurement surveys or mathematical or numerical computations can be used for this evaluation. Where
the radio frequency emission of any installation,whether telecommunications carrier or broadcasting.
operator, is greater than, or is equal to, 50%, of the Safety Code 6 limits for uncontrolled environments
at locations accessible to the general public(i.e.not solely available for access by workers),the
operator(s) of radio frequency emitters must notify Industry Canada and demonstrate compliance with
Safety Code 6.This determination of 50%of Safety Code 6 must be in consideration of the local radio
environment.
For all proponents following Industry Canada's Default Public Consultation Process,the proponent's
notification package must provide a written attestation that there will be compliance with Safety Code 6
for the protection of the general public, including consideration of nearby radiocommunication systems.
The notification package must also indicate any Safety Code 6 related signage and access control
mechanisms that may be used.
Compliance with Safety Code 6 is an ongoing obligation.At any time, antenna system operators may be
required, as directed by Industry Canada,to demonstrate compliance with Safety Code 6 by(i)
providing detailed calculations, and/or(ii)conducting site surveys and,where necessary,by
implementing corrective measures.14 At the request of Industry Canada,telecommunications carriers
and operators of broadcasting undertakings must provide detailed compliance information for individual
installations within five days of the request.Proponents and operators of existing antenna systems must
retain copies of all information related to Safety Code 6 compliance such as analyses and measurements.
13 To obtain an electronic copy of Safety Code 6,contact:publications@a bc-sc.gc.ca.
14 See Client Procedures Circular CPC-2-0-20,Radio Frequency(RF)Fields—Signs and Access Control.
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7.2 Radio Frequency Immunity
All radiocommunication and broadcasting proponents and existing spectrum users are to ensure that
their installations are designed and operated in accordance with Industry Canada's immunity criteria as
outlined in EMCAB-215 in order to minimize the malfunctioning of electronic equipment in the local
surroundings. Broadcasting proponents and existing undertakings should refer to Broadcasting
Procedures and Rules-Part 1, General Rules (BPR-1) for additional information and requirements16 on
this matter.
•
Proponents are advised to consider the potential effect that their proposal may have on nearby electronic
equipment. In this way, they will be better prepared to respond to any
q uestions that may arise during
the public and land-use consultation processes, or after the system has been installed.
Land-use authorities should be prepared to advise proponents and owners of broadcasting undertakings
of plans for the expansion or development of nearby residential and/or industrial areas. Such expansion
or development generally results in the introduction of more electronic equipment in the area and.
therefore an increased potential for electronic equipment to malfunction. By keeping broadcasters aware
of planned developments and changes to adjacent land-use,they will be better able to work with the
community. Equally, land-use authorities have a responsibility to ensure that those moving into these
areas, whether prospective residents or industry, are aware of the potential for their electronic equipment
to malfunction when located in proximity to an existing broadcasting installation. For example,the LUA
could ensure that clear notification be provided to future prospective purchasers.
7.3 Proximity of Proposed Structure to Broadcasting Undertakings
Where the proposal would result in a structure that exceeds 30 metres above ground level, the proponent
is to notify operators of AM,FM and TV undertakings within 2 kilometres, due to the potential impact
the physical structure may have on these broadcasting undertakings. Metallic structures close to an AM
directional antenna array may change the antenna pattern of the AM broadcasting undertaking.These
proposed structures can also reflect nearby FM and TV signals, causing"ghosting"interference to
FM/TV receivers used by the general public.
7.4 Canadian Environmental Assessment Act
Industry Canada requires that the installation and modification of antenna systems be done in a manner
that complies with appropriate environmental legislation.This includes the Canadian Environmental
Assessment Act, 2012 (CEAA 2012),where the antenna system is incidental to a physical activity or
project designated under CEAA 2012, or is located on federal lands.
An antenna system may not proceed where it is incidental to a designated project(as described in the
Regulations Designating Physical Activities), or is otherwise expressly designated by the Minister of the
15 For more information see EMCAB-2,entitled:Criteria for Resolution of Immunity Complaints Involving Fundamental
Emissions of Radiocommunications Transmitters available at:http://www:ic.gc.ca/eic/site/smt-gst.nsf/eng/sf01005.html.
16 BPR-1 -Pan 1: General Rules can be found on the Spectrum Management and Telecommunications website at:
http://strategis.ic.gc.ca/epic/intemet/insmt-gst.nsf/en/sf013 26e.html.
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Environment without satisfying certain requirements applicable to designated projects.Therefore, a
proponent of this type of project must contact Industry Canada for direction on how to proceed.
Any proposed antenna system on federal land may not proceed without a determination of
environmental effects by Industry Canada. In order to assist the Department in making such a
determination,proponents must submit a project description to Industry Canada,considering and
addressing those elements of the environment described in CEAA 2012, as well as any determination of
environmental effects that may have been made by the authority responsible for managing the federal
land. Industry Canada may also require further information before it can complete its assessment.
Industry Canada will inform the proponent of the results of its determination and may impose conditions
related to mitigating any adverse effects after making its determination and/or may need to refer the
matter to the Governor-in-Council under CEAA 2012.
In addition, notices under Industry Canada's default public consultation process require written
confirmation of the project's status under CEAA 2012 (e.g.,whether it is incidental to a designated
project or, if not,whether it is on federal lands).
In addition to CEAA requirements,proponents are responsible to ensure that antenna systems are
installed and operated in a manner that respects the local environment and that complies with other
statutory requirements, such as those under the Canadian Environmental Protection Act, 1999, the
Migratory Birds Convention Act, 1994, and the Species at Risk Act, as applicable.
For projects north of the 60th parallel, environmental assessment requirements may arise from federal
statutes other than the aforementioned Acts or from Comprehensive Land Claim Agreements. Industry
Canada requires that installation or modification of antennas or antenna supporting structures be done in
accordance with these requirements, as appropriate.
7.5 Aeronautical Safety
Proponents must ensure their proposals for any antenna system are first reviewed by Transport Canada
and NAV CANADA.
Transport Canada will perform an assessment of the proposal with respect to the potential hazard to air
navigation and will notify proponents of any painting and/or lighting requirements for the antenna
system.NAV CANADA will comment on whether the proposal has an impact on the provision of their
national air navigation system, facilities and other services located off-airport.
As required,the proponent must:
1. submit an Aeronautical Obstruction Clearance form to Transport Canada;
2. submit a Land-use Proposal Submission form to NAV CANADA;
3. include Transport Canada marking requirements in the public notification package;
4. install and maintain the antenna system in a manner that is not a hazard to aeronautical
safety; and
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5. retain all correspondence.
For those antenna systems subject to Industry Canada's Default Public Consultation Process, the
proponent will inform the community of any marking requirements. Where options are possible,
proponents are expected to work with the local community and Transport Canada to implement the best
and safest marking options.Proponents should be aware that Transport Canada does not advise
Industry Canada of marking requirements for proposed structures.Proponents are reminded that the
addition of, or modification to, obstruction markings may result in community concern and so any
change is to be done in consultation with the local public, land-use authority and/or Transport Canada,
as appropriate.
References and Details
Aeronautical Obstruction Clearance forms are available from any Transport Canada Aviation Group
Office. Both the Aeronautical Obstruction Clearance form (#26-0427) and a list of Transport Canada
Aviation Group regional offices are available on the Transport Canada website.'7 Completed forms are
to be submitted directly to the nearest Transport Canada Aviation Group office. (Refer to Canadian
•
Aviation Regulations, Standard 621.19, Standards Obstruction Markings).
Land-use Proposal Submission foi ins are available from NAV CANADA18 and completed forms are to
be sent to the appropriate NAV CANADA General Manager Airport Operations (GMAO) office, East or
West.
17 The Transport Canada website can be found at:http://www.tc.gc.ca
18 Search keywords"Land-use Proposal"on the NAV CANADA website at:http://www.navcanada.ca.
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Appendix 1—Industry Canada's Default Public Consultation Process -Public Notification
Package
The proponent must ensure that at least 30 days are provided for public comment:Notification must
provide all information on how to submit comments to the proponent in writing.Notices must be clearly
marked,making reference to the proposed antenna system, so that it is not misinterpreted as junk mail.
The notice must be sent by mail or be hand delivered.The face of the package must clearly indicate that
the recipient is within the prescribed notification radius of the proposed antenna system.The proponent
must also provide a copy of the notification package to the land-use authority and the local
Industry Canada office at the same time as the package is provided to the public.
Notification must include, but need not be limited to:
1) the proposed antenna system's purpose,the reasons why existing antenna systems or other
infrastructure cannot be used, a list of other structures that were considered unsuitable and future
sharing possibilities for the proposal;
2) the proposed location within the community,the geographic coordinates and the specific property
or rooftop;
•
3) an attestation19 that the general public will be protected in compliance with Health Canada's
Safety Code 6 including combined effects within the local radio environment at all times;
4) identification of areas accessible to the general public and the access/demarcation measures to
control public access;
5) information on the environmental status of the project, including any requirements under the
Canadian Environmental Assessment Act, 2012;
6) a description of the proposed antenna system including its height and dimensions, a description of
any antenna that may be mounted on the supporting structure and simulated images of the
proposal;
7) Transport Canada's aeronautical obstruction marking requirements(whether painting, lighting or
both) if available; if not available,the proponent's expectation of Transport Canada's requirements
together with an undertaking to provide Transport Canada's requirements once they become
available;
8) an attestation that the installation will respect good engineering practices including structural
adequacy;
9) reference to any applicable local land-use requirements such as local processes,protocols, etc.;
19 Example:I,(name of individual or representative of company)attest that the radio installation described in this
notification package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety
Code 6,as may be amended from time to time,for the protection of the general public,including any combined effects of
nearby installations within the local radio environment.
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10) notice that general information relating to antenna systems is available on Industry Canada's
Spectrum Management and Telecommunications website(http://www.ic.gc.ca/towers);
11) contact information for the proponent, land-use authorities and the local Industry Canada office;
and
12) closing date for submission of written public comments (not less than 30 days from receipt of
notification).
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