1. What is the City's role in the telecommunications towers process?
Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by the department of Innovation, Science and Economic Development Canada (ISED), formerly 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, ISED’s Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03), Issue 5 requires cell tower applicants address comments and concerns through the City of Pickering public consultation process, as outlined in the City’s Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol).
In the case of a dispute between the proponent and the City of Pickering, a final decision will be made by ISED.
2. Who has the final authority to decide where telecommunications towers are located?
Applications to install radio communication and broadcasting antenna systems are subject to a public consultation process, followed by a staff report to City Council. City Council will then provide their decision (approval or denial).
In the case of a dispute between the applicant and the City of Pickering, a final decision may be made by ISED.
3. What types of telecommunication projects are excluded from consultation with the City and the public?
The following Telecommunications tower projects are excluded from consultation:
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;
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;
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
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.
4. How can members of the public get involved?
In September 2014, Pickering’s City Council adopted a City’s Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol). This protocol requires applicants to follow guidelines for public consultation in the City, in cases where it is required.
These requirements include a minimum notification area greater than the federal requirements, a prescribed method of delivery for notices, and signage, as well as newspaper ads, and public information sessions. Public consultation gives people an opportunity to ask questions, provide comments and share their concerns. The applicant is required to provide responses to the public and to submit a summary of the results of the public consultation.
Following the required public consultation, City Development staff will prepare and forward a report to City Council respecting the proposed application. Members of the public who provided comments on the proposal will be notified of the scheduled meeting, where the report will be considered by City Council.
5. Can I appeal the proposed installation of an antenna system to the Local Planning Appeal Tribunal (LPAT), formerly the Ontario Municipal Board (OMB).
No. Antenna systems are federally regulated and licensed, therefore there is no appeal procedure to LPAT.
6. Are there any safety guidelines to protect the public’s health?
Health Canada's mandate regarding human exposure to RF electromagnetic energy from wireless devices is to carry out research into possible health effects, monitor the scientific literature related to such effects, and develop exposure guidelines.
The current version of these exposure guidelines is specified in a document entitled: Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz - Safety Code 6 (2009). ISED requires operators to comply with Safety Code 6 at all times, including the combined effects of nearby installation.
Note: The City of Pickering does not assess any submission for a Radiocommunication and Broadcasting Antenna system with respect to the health and radiofrequency exposure issues or other non-placement or non-design issues.
7. Are environmental concerns taken into consideration?
Yes. All installations are required to comply with the Canadian Environmental Assessment Act. The City of Pickering protocol also discourages use of lands identified as “Environmentally Sensitive”. The City may require submission of additional studies to evaluate the suitability of proposals on lands identified as Environmentally Sensitive.
8. Who can I contact at the City of Pickering if I have more questions about the Radiocommunication and Broadcasting Antenna System Protocol?
All applications for Radiocommunication and Broadcasting Antenna Systems are processed through the City Development Department. Please direct your questions to the City Development Department at 905.420.4617 or by email.
