- The City is not the approving authority for cell towers. The federal Minister of Innovation, Science and Economic Development (ISED) is the approving authority, pursuant to the Radiocommunication Act.
- ISED requires that, in certain cases, the local land use authority (The City) and the public must be consulted where a cell tower is proposed.
- When consultation is required, the proponent (who is proposing the placement of the cell tower) must follow the municipality’s existing process for public consultation or, if there is none, ISED’s default public consultation process.
- The public consultation process is the responsibility of the proponent, not The City. Part of the process involves notice and opportunity for the public and The City to submit written comment. The proponent must address all reasonable and relevant concerns and make reasonable attempts to resolve them in a mutually acceptable manner and keep a record of all related communications.
- Through the public consultation process The City has the ability to receive, analyze, evaluate, negotiate and express its support (concurrence) or lack of support (nonconcurrence) for a cell tower proposal. It cannot, however, prevent a cell tower from being installed within the city even if it finds it cannot support a particular proposal.
- The City is not authorized to assess a cell tower submission based on perceived impacts on human health. Health concerns relating to radiofrequency, energy and safety fall under the national jurisdiction of Health Canada.
- Cell towers are regulated under federal jurisdiction and so The City cannot require a development permit under the Zoning Bylaw. This limits The City’s authority over the aesthetics of a cell tower to negotiations or recommendations, not requirements.
Telecommunication Facilities
Telecommunication 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 telecommunication services to work, antenna systems including masts, towers, and other supporting structures are required.
The City of Red Deer is not the approving authority for telecommunication antenna structures, devices and facilities. These are managed by Innovation, Science and Economic Development (ISED) Canada through the Radiocommunication Act. Through the development process, The City and public are consulted to ensure reasonable and relevant local concerns are recognized in the approval process.
The City of Red Deer has created the Telecommunication Facilities Application (pdf) for telecommunication proponents to facilitate the municipal response to ISED Canada.
Exact notification parameters can be context dependent to what is being proposed; however, the generally practiced boundaries are to notify properties within a radius that is three times the height of the tower proposed.
No, as cell towers are a federal jurisdiction matter and handled by independent companies, The City cannot guarantee or require the adding or halting of a cell tower in an area. The City has some latitude to provide preferences and recommendations, and to verify that federal procedures are being followed appropriately, but the authority and decision is done federally through Innovation, Science and Economic Development (ISED) Canada.
Yes, public consultation requires the applicant to here from and make best efforts to address valid comments and concerns raised by the public, and thoughts can be sent to the proponent directly. Members of the public can also contact Innovation, Science and Economic Development (ISED) Canada directly at SpectrumEdmonton-EdmontonSpectre@ised-isde.gc.ca