Bill C-429 (Historical)

An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems)

This enactment amends the Radiocommunication Act in order to
(a) provide for the possibility of sharing antenna system infrastructures; and
(b) require the proponent to consult the land-use authority and hold a public consultation.
This enactment also amends the Telecommunications Act to allow the telecommunications common carrier to apply to the Canadian Radio-television and Telecommunications Commission to gain access to masts, towers or other antenna supporting structures belonging to the holder of a radio authorization under the Radiocommunication Act.

Radiocommunication Act

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

moved that Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems), be read the second time and referred to a committee.

Mr. Speaker, it is always a tremendous honour for me to address the House, especially today, as we begin debate on the first bill that I had the great honour to introduce, Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems).

The telecommunications industry is booming in Canada and has made it possible for our industries to improve their productivity and for our people to enhance their communications, both on a personal and professional level. However, the growth of this industry and the proliferation of towers everywhere in Canada has led many Canadians in various municipalities to complain about the rather unregulated installation of telecommunication and radiocommunication antennas.

People and municipalities have complained that some proponents were not listening to their concerns and had not consulted them about the location of the antennas. For that reason, it is important to adopt an approach that strikes a balance between the development of this industry and the concerns of Canadians.

The idea for this bill came to me in the fall of 2011, when I learned about something that had happened in my riding. People from Châteauguay and Mercier were faced with a fait accompli: five telecommunications towers were erected, but the townspeople were not consulted. The municipality was not consulted about the decision to erect these towers, which were just under 15 metres tall, in residential areas. The people and the mayor were not very pleased that they had not been consulted at all.

Had the company bothered to consult the municipality, it probably would have been told to put the towers a little further away, 100 to 200 metres from the residential area chosen, in an industrial park where the towers would not have bothered anyone. That would have allowed the company to cover the entire market that it wanted to penetrate. No one was consulted and this raised the ire of the inhabitants and mayors of the towns involved.

There were already several communication towers in the riding and they could have tried to share them. They would only have had to put up two, three or four towers, instead of the five that were erected. That is where I started to research and try to understand the scope of the problem, and I quickly learned that this is happening all over Canada. In the past three or four years, there has been a proliferation of antennas and problems in many cities where the public was not consulted.

There is no doubt that this is a national problem and not an isolated problem in a few ridings. For example, in Peterborough, Industry Canada improved an antenna site that was disputed by the public. At the time, more than 400 citizens signed a petition calling for another site to be chosen. The company involved and Industry Canada completely ignored the petition and proceeded to go ahead with the chosen site and to put up the tower in question.

In Mississauga, an antenna just shy of 15 metres was put up near a church. It was disguised as a cross to hide the fact that it is an antenna. But people quickly noticed that it was not a cross and that it was a telecommunication antenna. Once again, the deed was done, and although the public disputed that fact, they were not successful since it had already been done. These are the tactics being used by telecommunications companies, which do not consult the public or the municipalities.

I have one final example. In Oakville, eight antennas were installed recently on top of a building. The citizens of the surrounding area wondered if anyone had been consulted. They then learned that no one had been consulted or even informed of the situation. Even worse, they tried to get an explanation from the company in question, but it had the nerve to say that it had conducted consultations, when that was definitely not the case.

I could go on and on giving more examples from across Canada, where people disputed many telecommunications companies' choices and practices.

To really understand the problem, it is important to know that there is no legal framework for the development of the telecommunications system. Everything is covered by CPC-2-0-03, a guideline issued by Industry Canada. The requirements of this guideline apply to all proponents who plan to install or modify an antenna system, regardless of the type of installation or service. The four-step process seems pretty straightforward. First, you examine the possibility of tower sharing. Second, you contact whoever is responsible for the land, which is usually the municipality. Third, you notify the public and respond to public concerns. And fourth, you comply with Industry Canada requirements.

Since these are only guidelines, they are often circumvented or not applied. Unfortunately, we have no real way of forcing companies to adhere to Industry Canada's requirements. This bill addresses that and provides for a measure in that regard. Accordingly, it would be much more difficult for companies to get around what, for now, are only guidelines.

The process described in that guideline seems clear to me. Yet proponents do not always respect it. And Industry Canada does not appear to apply any of the sanctions set out in the guideline, which means that there are no penalties for companies that use dubious practices, to say the least. For instance, companies do very little consultation or else they call at unusual times, like in the afternoon. No one is home at 2 p.m. Then the company can say that it consulted people, but they were not home. That is one dubious practice.

It is time to put an end to the disrespect being shown towards the municipalities and Canadians by enhancing co-operation between municipalities, citizens and telecommunications proponents.

That is why I introduced Bill C-429. I hope that the members of all parties will support this bill in order to send a clear message to proponents: better co-operation is needed among the companies, Canadians and the municipalities when new telecommunications towers are being erected.

I would now like to talk about the various provisions of my bill so that everyone can understand it and see how it will solve the problems that I mentioned.

First, in order to avoid a proliferation of antenna sites, my bill would require licensees to discuss in good faith among themselves in order to come to an agreement that would allow for the sharing of existing antenna structures. In order to ensure that negotiations among proponents are conducted in good faith, proponents would have to produce a document showing that they tried to reach an agreement or that an agreement was signed. This document must explain the sharing agreement, if applicable, or indicate why such an agreement could not be reached. There are some cases where such agreements are impossible for technical reasons.

This provision is nothing new since it is already set out in directive CPC-2-0-03. Proponents have to produce a document explaining the content of the agreement or the reason why an agreement could not be reached.

The bill would also require proponents to consult the land-use authority, namely the municipality, in order to determine the local requirements. By consulting land-use authorities, proponents will be able to obtain information about the public consultation process already established by the authority, if applicable, and to discuss potential antenna sites.

The proponent often has an idea about where it wants to erect its antenna towers, but the municipality, which has a development plan, could suggest a location that is acceptable to both parties. The company could also respond to the reasonable and pertinent concerns of the land-use authority and of the community it represents. One of these concerns could be proximity of the antennas to residential areas.

After consulting the municipality, the proponent must produce a document attesting to the fact that its discussions with the responsible authority were carried out in good faith.

The bill requires public consultations for the construction of any new antenna-bearing structures or towers under or over 15 metres in height . As I mentioned, the current exception causes many problems. Proponents install towers that are 14.9 metres in height, or just under 15 metres, to avoid having to consult municipalities and their inhabitants. Under this bill, any construction of towers or antenna structures, no matter the height, will require consultation. Industry Canada will have to subsequently publish a document prepared by the proponent indicating that the consultation process was respected.

Because some antenna systems may not be detrimental to the municipality and the people, Industry Canada or the municipality may grant an exemption so that consultations are not undertaken needlessly. The bill contains a clause to that effect, which also applies to rural and remote areas. Many of these areas do not have telecommunications services. If a tower is erected in a field and does not affect anyone, consultations are not required.

There is fierce competition in the telecommunications industry, and proponents must protect their market share. Therefore, proponents do not want to share their structures with competitors. That is understandable. However it is not prejudicial to the proponents to share an antenna site where competition for the services provided is expected. If proponents do not share sites, there will be a proliferation of antenna sites, which is very bad for the land-use authority and the people.

If proponents refuse to share the site for dubious reasons, the CRTC could rule on the matter. That is why my bill expands the CRTC's authority to allow it to settle disputes between proponents regarding the sharing of telecommunications towers. This provision will have the advantage of creating a single forum independent of government to resolve any disputes that arise between telecommunications companies regarding the sharing of radiocommunication sites. If any problems arise subsequently, the CRTC's decisions could be referred to in order to resolve conflicts.

Under the current guideline, these disputes can be solved by Industry Canada or by an arbitrator, in accordance with the arbitration procedure set out in Industry Canada's Arbitration Rules and Procedures. However, according to Industry Canada, that procedure is very rarely used because several stakeholders have told the department that the established procedure is not very well suited to the needs of the industry.

There is an advantage to giving the CRTC the authority to rule on disputes regarding tower sharing. The commission's rulings could act as a kind of jurisprudence, which could be used in the future to clarify the requirements for the sharing of telecommunications towers.

Lastly, we want to encourage compliance with laws and regulations and respect for Canadian communities by introducing clear penalties for non-compliance.

In closing, I would like to point out to the hon. members that the Federation of Canadian Municipalities, the Union des municipalités du Québec, and the Fédération québécoise des municipalités all support my bill. We are in talks with the other federations of municipalities in other provinces. I hope to obtain their support in the very near future.

Therefore I ask all members of the House to support this bill. I think it strikes a good balance between the concerns of the public and the needs of the industry.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I thank my colleague for his leadership with the bill and for his excellent speech. I would also like to add that, since being elected, I have heard from constituents about their desire to have their voices heard in the process of the development of telecommunication towers in their communities.

I am curious to know if my colleague heard that from his own constituents as well as from across Canada when he did his own consultation for the bill.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I would like to thank the hon. member for Scarborough—Rouge River for her excellent question.

Soon after I was elected, many of my constituents told me that they were concerned about the fact that they have towers only 15 metres from their backyards. One constituent said that, when she put her house on the market, every time potential buyers came to see it, they would go into the backyard and see the tower next door, only 15 metres away. Buyers would then no longer want to see the inside of the house, if they had not done so already. They no longer wanted to buy the house because the tower was already built.

The mayor of Châteauguay also told me that she was very upset about the situation because, had the company been directed to erect the tower in the nearby industrial park, then it would not have bothered anyone and everyone would have been happy. What is more, as I mentioned, the company could have shared existing structures, but right now, there is hardly any sharing of telecommunications towers. There are thus several problems that need to be solved.

The industry must change its way of doing things. This bill will limit companies a little more so that they have more respect for people and municipalities when they set up somewhere.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would like to commend the hon. member for Châteauguay—Saint-Constant for this bill.

The people in my riding, which is located in a rural area, also share this concern. There are many mountains and the scenery is extraordinary.

For the past several years, we have seen an increasing number of towers being set up. Everywhere we look we see one, two, three or even four towers. The situation is out of hand. We want to harmonize things.

We are calling on the Conservative government to harmonize the laws and consult with the public. However, it seems that this is sometimes difficult. People's quality of life is at stake. In rural areas, we have an exceptional quality of life. People all across Canada are proud of the landscape and mountains that make up our countryside. These days, we look and see one, two, three or even four towers. It has gotten out of hand, and some proponents are even trying to bend the rules.

My question is for the hon. member for Châteauguay—Saint-Constant. Why is this bill so important?

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I thank my colleague from Compton—Stanstead for his comments.

There has been a proliferation of towers. As he mentioned, there are often several towers in any given area. More often than not, the towers could be shared. However, in some cases, the telecommunication towers cannot be shared for technical reasons.

At present, proponents of telecommunication systems are only bound by guidelines instructing them to proceed in a certain way. These guidelines are not governed by legislation. The rules, which are not very effective, can be sidestepped and do not provide an adequate framework for the industry. It would not be difficult to resolve this issue.

The bill requires that people be consulted. Furthermore, a company could be asked to not install a tower where they would create visual pollution and to move the location a few hundred metres further away, if possible, to an area where it would bother fewer people. Thus, there could be more consultation.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, first, I would like to thank the hon. member for Châteauguay—Saint-Constant for introducing such an important bill.

Bill C-429 aims to improve a situation in a sector that is rapidly expanding across Canada. This sector provides services to all Canadians. All Canadians rely on these services in emergencies, in their daily lives and in meeting their family's needs.

We want to discuss this issue to improve the regulations and legislation in this area. However, for the reasons I will describe, we do not think that this bill achieves the objectives set by the government and by Canadians.

We know this technology has given us a richer experience. It has added value, productivity and pleasure to the lives of Canadians across the board. However, with ever more bandwidth-intensive multimedia applications being developed for mobile uses, with high-speed data being required and with additional radio frequency spectrum becoming available, the pressure for existing towers and existing antennas to support more service than ever and for new towers to be built is obviously without precedent. The restructuring of our economy to reinforce the presence of e-commerce and to allow consumers to conduct ordinary financial transactions on their mobile phones means that we can expect these volumes of data to continue to grow.

Let us not forget the most urgent situations, the most tragic circumstances in which people are now depending on their mobile phones, either as eyewitnesses or as victims of accidents or crimes. Something like one-half of all 911 calls today in Canada are initiated by someone using a mobile phone. Police, firefighters, ambulance operators, air navigators, national defence, all of our first responders know this. They also know that when an accident happens where there are no mobile services, where we do not have a tower or antenna nearby, it is much more difficult for eyewitnesses or those involved to get the action they need.

Unfortunately, in supporting the goal of building new antennas and building a better system across Canada, Bill C-429 does not do the job. It would duplicate existing regulatory requirements. It would impose an additional regulatory and administrative burden on everyone without any discernable benefit. It would add red tape and this is obviously a challenge that our government has spent a lot of time trying to focus on. When government gets in the way of private enterprise, when government makes a sector less efficient or less productive, it affects everyone. It raises the costs of telecommunications and we do not want to allow that to happen any more than it already has.

It would also require that Industry Canada be involved in all cases, even for TV antennas or satellite dishes attached to someone's home, which is not currently the case. We want the industry to manage its own affairs and manage the question of locating antennas and towers as autonomously as possible, obviously with the participation in most cases of municipalities. The bill would add paperwork, literally, and require whole offices to be created in Industry Canada at a time when we do not think that is necessary.

To be clear, there is another issue that Bill C-429 does not address and that is health and safety considerations. Much of the debate that we hear today about mobile devices and mobile communications has to do with the potential impact of all these radio waves on our bodies, particularly on those living near the antennas. That is definitely being studied. It needs attention. It is an object of concern.

However, this bill does not address those issues. They are regulated under the Radiation Emitting Devices Act or Safety Code 6, which are effectively enforced today on all antennas and towers regardless of height or location. This bill does not seek to amend those provisions.

The government's current requirements for the regulation of antenna supporting structures were developed based on the results of extensive national consultation. Public, industry and municipalities were involved across the country and, as I will mention a little later, we are continuing these consultations on issues where we think there is even more room for improvement.

The result of these consultations was a kind of balance: a balance between the needs of Canadian consumers—of course the well-being of Canadians and their ability to use cell phones safely—and the needs of police officers, firefighters and other people who respond to emergencies, solve crises and who rely on these radio-communication and telecommunication services.

This balance is important, and as with so many issues this House has considered, whether it is the Copyright Act or the military justice bill that is still before the House, there are many stakeholders and many interests. We have to strike the right balance to make sure the interests of consumers, industry and safety are kept intact, and indeed advanced.

We think our regulation is now doing that. We think this bill would break that balance. It is not surprising to see a bill like this imposing an additional administrative and regulatory burden, additional costs on Industry Canada, and additional red tape. We have heard that in the opposition members' comments on our budget bills and on many of the bureaucracy-cutting measures that the government has tried to bring in.

The $21 billion carbon tax is probably the most obvious example of this heavy-handed interventionist approach that the NDP has committed to, at least according to their last electoral platform, but there are many other examples.

As for tower sharing, it is obvious.

Our government is in favour of tower sharing. That is why, since 2008, under our government, we have required all companies wanting to erect a new structure to explore the possibility of sharing with other users. They do not have the right to erect new structures if there is no good reason to do so.

These reasons can be related to the maximum capacity of a tower or issues related to technical incompatibility of the proposed shared users. The government has the ability to resolve disputes between operators, and even to say that a reason given for not sharing is inadmissible.

We want to improve that.

That is why, since June 2012, there has been a new consultation process.

We are seeking stakeholder views on proposed changes to the requirements to share towers that would expedite the tower sharing process and further strengthen the effectiveness of that policy.

The vast majority of proponents of new towers follow the requirements to the letter. They examine tower sharing options. In circumstances where it is not possible and it proves necessary to erect a new structure, they have to consult with local stakeholders, including land use authorities and the public. Most importantly, because proponents follow these requirements, the vast majority of the antennas erected each year are developed without the need for direct government intervention.

This is the kind of dynamic that we want to see reinforced. Obviously the Department of Industry investigates to ensure the enforcement of standards for antennas of every height and every type. This has resulted in non-compliant towers being taken down in residential or suburban areas.

In contrast to the above, the bill as proposed would require government's direct and active intervention in over 1,000 antennas erected each year, even for those that are intended for personal use, even if tower sharing arrangements had been considered and even if there are no stakeholder concerns.

It would impose extensive record-keeping and verification procedures. It could create confusion between companies and the municipalities without creating an ability to resolve those disputes.

For this reason we cannot support the bill. We want a Canadian industry that is effective, modern, innovative and low cost. We want one that serves Canadians. We know that there are challenges, especially on the cost front in this country compared to other jurisdictions. The bill will not achieve the goals that Canadians want us to achieve. We think the consultation process in existing legislation is the way to go.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I apologize, I thought it was time for questions and comments. I was mistaken.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I am pleased to stand in this House today to debate the bill introduced by my hon. colleague from Châteauguay—Saint-Constant.

I will talk not only about the content of the bill, but also about its purpose. I will also discuss what we need to do to make sure we examine this issue with all due care.

I also want to speak about the problems with cell towers, which constituents of mine have raised with me over the years, and more frequently in recent times. I know it is beyond the comments of the hon. parliamentary secretary, but one of the big concerns people have is that they cannot get information. It seems that Industry Canada actually has a fair bit of information, but it is put in complicated ways and in disparate locations so that we really have to dig hard to figure out what is going on in each location. If we have a particular location in mind and want to find out what power there is from that tower, what the radio frequencies are, et cetera, we cannot find out.

I am not saying there are negative health effects associated with the present levels we hear about. However, I do have constituents who are concerned about this and who worry about those effects. Some of them have said that they accept the fact that the science today does not show there is a problem with this, but they have seen so many things where 25 years ago they thought something was fine and not causing a problem at all and today they find out that it is causing a problem. There are so many examples of that, people do not have complete confidence in what technologies such as this can do and what effects they may have.

I think it is very reasonable to say that we should have a very simple way to find out, in relation to a tower at a particular address, the key information about what is happening there. It is very difficult as it stands now to find that on the Industry Canada website and it ought to be made much easier.

I also want to start by letting my colleagues know that based upon our initial assessment of Bill C-429, we believe the House should pass the bill at second reading and send the legislation to committee for an in-depth study. That way we could benefit from expert testimony on this subject and look for ways to strengthen and improve the bill.

It is clear from a quick scan of media that cell towers are becoming a point of concern in just about every province in the country. In fact, as the bill's sponsor points out, local residents' associations, landowners, municipal councillors and others are seeing cell towers popping up all over the place and they feel they are left out of the process. There is no consultation with them. There is no consideration of the impact on their neighbourhoods, no negotiations at all. Sometimes these things are not the most attractive items in the neighbourhood and people do not find them all that desirable. Obviously it has led to hostile feelings and a sense of powerlessness among people in the neighbourhood.

My colleague said that he introduced a bill that would create legislation to support the existing Industry Canada directive on public consultations. He circulated a letter yesterday in which he said:

The bill will ensure that telecommunications antennas are installed in a logical manner that respects the interests of communities while increasing access to modern telecommunications services.

I am sure it will not be that easy to have the issue settled in a logical manner. I expect that cell phone companies will bring forward arguments to support what they are doing and explain that if we want to have state-of-the-art wireless services, we also have to accept the necessary infrastructure.

I think people understand that, but I think we also have to recognize that finding middle ground, although it is difficult to find, is worth pursuing. It does not mean we should give up and not try. From personal discussions, I know this is an issue that could be a growing cause of friction in countless communities.

Let us look at what the bill actually does. Bill C-429 would amend the Radiocommunication Act in order to provide for the possibility of sharing antenna system infrastructures, and to require the proponent to consult the land use authority and hold a public consultation. It would also amend the Telecommunications Act to allow the telecommunications carrier to apply to the Canadian Radio-television and Telecommunications Commission to gain access to masts, towers and other antenna-supporting structures belonging to the holder of an authorization under the Radiocommunication Act. I think those are worthwhile objectives.

It is obvious that something has to be done, but we also have to make sure that we get it right. Too many consumers are depending on this.

The hon. parliamentary secretary highlighted the issue of red tape and not wanting to have too much regulatory burden placed on industry. I understand that. At the same time, it is important to recognize and try to address the real concerns of people in the neighbourhoods where these are located.

I know that the member for Peterborough has heard about the issue. Teresa Daw represents 160 homeowners and has been a forceful opponent of a proposed telecom tower application on Lansdowne Street in Peterborough. In a recent letter to the Minister of Industry, she wrote:

We find it incomprehensible that Industry Canada has neither appropriately responded to our correspondence nor committed to considering our reasonable and well-grounded concerns in their analysis of this application. We find it equally incomprehensible that the proponent does not appear to be held responsible to address our concerns, particularly those that are governed by CPC-2-0-03 and/or pertain to the accuracy of the description of a local environment.

In Edmonton, people are upset with a cellphone antenna being built in a church steeple. They are angry over how the tower was approved. The hon. member for Edmonton—Leduc has pointed out that is in his riding.

Others have put forward very solid arguments calling for a cell tower protocol that gives residents a say in where these towers are erected and a meaningful role in the process.

The stories of these concerned residents in Edmonton and Peterborough are repeated in communities across Canada. I know, because I have heard them from my own constituents in Halifax West, who have been angry about the lack of public input in cell tower locations in their own neighbourhoods.

Some in fact have had positive results. Just over a year ago, a large number of residents gathered at the Wallace Lucas Community Centre in Lucasville, Nova Scotia to oppose an EastLink cell tower on Daisywood Drive in Hammonds Plains. Due to community concerns, EastLink responded by moving the location 100 meters and it was approved by community council. This moved it further from some of the houses, but not all, so not everyone was satisfied with that. Clearly, not everyone felt that was a big improvement, but at least it was some improvement as a result of that community involvement. Although the meeting was held by the municipal land use authority, the residents felt the decision was already made and that they had no say in whether the tower was actually to be built or not. They felt they were stuck having it in their area. It was more a question of where exactly it was going to go.

There was another case, this one in Bedford. A constituent found out just one week before a cellphone company planned to upgrade a cell tower that was already in use by the water commission. Because it was only an upgrade and not new construction, no public consultation was held at all. This particular constituent felt that the public was given very little notice and no detailed information about the cell tower, the radio frequency output and so forth. That is not acceptable.

It seems to me to be very clear. This is not difficult. It is just simple information that ought to be made available to the public in an easily accessible way. The Internet is a marvellous tool for that sort of thing. I personally found it extremely frustrating when I attempted, for several years, to get data on a cellphone tower inside a church tower on Donaldson Avenue in Halifax, in my riding. After something like five or six years, I finally got the information. However, it was a very frustrating process and very frustrating for the constituent who lives across the street from that church, from whom I hear about this whenever I knock on his door. Therefore, I was glad to finally get the information.

I very much appreciate the efforts of the member for Châteauguay—Saint-Constant, who introduced this bill in the House.

As I have already said, we must support this bill at second reading and send it to committee so that it can be studied, so that we can hear from experts and make an informed decision on the best way to manage this growing problem.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I am very happy to rise in favour of Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems).

I would like to take this opportunity to thank my hon. colleague, the hon. member for Châteauguay—Saint-Constant, for introducing the important and necessary changes to this act, for which my constituents are also grateful.

Citizens and municipalities across Canada, including Scarborough—Rouge River, have expressed their concerns with the uncontrolled development of radiocommunication and telecommunication towers. Constituents like mine are frustrated that the players involved, the proponents, are not taking their concerns into consideration.

I myself have had meetings and received numerous correspondence from residents from the Rosewood community in Scarborough—Rouge River, who are opposed to the tower that is being built in their neighbourhood and our community. Among the reasons they are opposed is that a tower already exists in that neighbourhood. They also expressed health concerns with a tower so close to a residential area, as well as concerns for the community's aesthetics. A City of Toronto planner also suggested finding an alternate location. Residents from this community have sent emails, letters and petitions to government representatives, as well as the proponent of the tower, to express their objections to the creation of it.

I also wrote a letter to the CRTC, and the company wishing to put up the tower, to express our shared concerns. In that letter, I requested that the service provider give strong consideration to the concerns of the community and the municipality and work together to find a feasible solution to the problem. That is why I am pleased to stand up in the House to support this bill that was introduced by my hon. colleague.

It is vital to have a balanced approach to the industry's growth and the concerns of Canadians. There are many changes included in the bill that would benefit my constituents of Scarborough—Rouge River and impact Canadians from coast to coast to coast. The bill is what the residents of Rosewood in Scarborough—Rouge River are asking for, that being an avenue to have their voices heard. The bill would seek to not only regulate the development and construction of antenna systems but also to democratize the process, by involving the municipalities and citizens of these municipalities in the decision-making process through a more clear and thorough public consultation process.

I want to be clear. This is not about blocking the industry's growth. Wireless telecommunications is an industry that generates enormous economic benefits for the Canadian economy of around $43 billion. It also employs more than 261,000 Canadians. I, for one, rely heavily on my wireless device and presume that the 26 million other wireless subscribers do as well.

The bill is about ensuring that the development of the telecommunications industry is orderly, efficient and respects citizens and local planning.

I support Bill C-429 because it would legislate the process for constructing and installing antenna systems and helps to ensure a balanced development of the telecommunications antennas.

In addition, and in my opinion, the most important piece is that the bill would democratize the decision-making process by involving the land use authorities, citizens and residents of the areas.

According to directive CPC-2-0-03, towers under 15 metres are currently exempt from the consultation process. Therefore, if one is building a tower that is 14.9 metres tall, there are no obligations to have any public consultative processes. That does not seem right. Regardless of height, I believe concerned citizens and the land use authorities deserve an avenue to be heard. This bill would remedy this flaw by requiring public consultation for all towers and antennas. With this bill, telecommunication companies or persons interested in putting up a tower, the proponents, would no longer be able to install antennas without taking into consideration the concerns of municipalities and citizens as part of the project development process.

This would involve consultation to determine local requirements, including a public consultation process that must be held for the construction of any tower, antennas or antenna-bearing structures regardless of their height, a discussion of possible locations and a response to the reasonable and relevant concerns of the land use authorities and the communities they represent.

Industry Canada would have to issue a document to the proponent confirming that the public consultation process has been respected. Following these consultations, the proponent would release a document showing that discussions were held in good faith and setting out the concerns of each party.

I have heard from many constituents since my election, about their concerns with telecommunications antennae in their neighbourhoods and they have clearly expressed their desire to be consulted and included in the decision-making process. My constituents are looking for a place where they can have their say.

In addition, the bill would encourage a more efficient and fair tower sharing between companies by requiring permit holders to negotiate in good faith and produce documentation explaining the positions they have reached. This provision would thereby reduce the proliferation of redundant towers. Moreover, should any conflict arise among the proponents and competitors about tower sharing, the bill would give the CRTC the power to settle disputes and establish a unique and independent forum for settling those disputes.

This certainly would be an improvement upon the current process where disputes are settled by Industry Canada or an arbitrator. The current process is one which stakeholders have advised is lengthy and cumbersome. Stakeholders have also indicated that it fails to encourage sharing of tower sites. Another benefit of giving the CRTC the authority to settle disputes regarding antenna sharing would be that its decision would establish precedents that would clarify the requirements for sharing radio communications installations and would provide direction on the rights and responsibilities of telecommunications.

Finally, there is also accountability added into the bill with a provision regarding penalties for non-compliance. Thank goodness the NDP and hon. members like my colleague are listening to our constituents and proposing real action on their needs and concerns. Moreover, as we have been hearing over and over again, the bill demonstrates how important consultation and democratic processes are for Canadians and the NDP. A public forum, a conversation about locations and alternatives and a response from the department all sound like reasonable, democratic actions for decision, something we know the Conservatives seem to have an aversion to as seen with their Trojan horse budget bill and with the most recent budget implementation act.

New Democrats want to protect our urban and rural environments from the uncontrolled development of antenna systems. The bill would not increase the regulatory burden, but simply and importantly would put into law an existing Industry Canada directive. We would ask simply that promoters respect municipal development plans and take into consideration the concerns of municipalities and citizens like those within the Rosewood community in my riding.

Also, encouraging and facilitating the sharing of antenna sites by telecommunications companies makes sense. The bill would do so by streamlining the site-sharing application and dispute resolution process and giving oversight to the CRTC.

Finally, laws without proper enforcement can simply be ineffective. Laying out clear penalties for non-compliance with acts and regulations can ensure its enforcement and the bill would do just that.

I thank my hon. colleague for taking the time to consult with his constituents and Canadians across the country and putting forth this bill. I know residents in Scarborough—Rouge River will be happy to support the bill moving forward.

[Joe Daniel, Conservative, Don Valley East, ON]

Mr. Speaker, it is my pleasure to contribute to this debate on Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems).

Our government embraces the interests of Canadians in the growth and advancement of wireless technology. We know that to provide the reliable high-speed services that are our customers want and need, radio telecommunications antennas are essential and they are to be placed in locations near where the wireless devices are used, not only for personal and business use but also by law enforcement and first responders.

The need to expand wireless networks to accommodate the growth in demand must be balanced with the community's needs and interests: the availability of reasonable locations to place the antennas technical limitations and the rigorous safety requirements that apply to antennas of every height and description. Bill C-429 seeks to amend the Radiocommunication Act and the Telecommunications Act. Most of the amendments duplicate existing requirements, but the amendments are much less clear and would increase the regulatory burden for Canadians without creating any additional benefits.

First, the bill would require that proponents consider sharing or using existing towers before installing a new one. Proponents are already required to take this step under the current rules. Under the bill, proponents would be required to consult local land use authorities to determine their requirements with respect to antenna systems. Once again, this requirement already exists and the roles and responsibilities of those involved are clearly explained, which the bill fails to do.

Next, the bill would create offences for failing to respect these general obligations. The government already has mechanisms in place to ensure compliance with the requirements related to antenna towers. Finally, the bill would provide the authority to the CRTC to mandate a given holder of a radio authorization to share given towers upon application to the telecommunications carrier.

The bill would represent a step backward, not forward, in the regulation for antenna towers. It would introduce general obligations with little guidance as to the details, while at the same time duplicating the existing procedures that guide relationships between proponents and the local communities. This would serve only to increase uncertainty among all Canadians as to what is required of them and how they ought to go about meeting these obligations. Property owners, businesses and local communities alike would be diverted from working meaningfully toward common ground. At a time when Canadians are interested as ever in clear rules to address this important issue, Bill C-429 provides less clarity than the existing procedures.

The Client Procedures Circular on Radiocommunication and Broadcasting Antenna Systems provides specific guidance to proponents of new antenna infrastructure that must be followed in order to meet the government's objectives of striking a balance between enabling the development of needed wireless infrastructure and taking into consideration local concerns. Additionally, current procedures provide dispute resolution mechanisms that allow impasses between local communities, land use authorities, such as municipalities, and the proponents to be resolved.

In place of meaningful guidelines that ensure that local concerns are taken into account in an antenna-siting decisions, the obligations outlined in the bill emphasize paperwork over meaningful consultation. This sort of approach does not provide meaningful benefit to the public.

For instance, under the bill, even a property owner who wishes to install a low impact antenna system would have to engage in an extensive documentation procedure, including direct government involvement. These requirements, according to the bill, would apply to any person who plans the installation or modification of an antenna system, regardless of the type of installation or service offered. It would apply regardless of whether community stakeholders have voiced any concerns.

I would also direct particular attention to the redundant provisions proposed by the bill that would provide additional unnecessary power to the Canadian Radio-television Telecommunications Commission. This power would allow the CRTC to issue orders to holders of radio authorizations issued by the Minister of Industry to require that they share towers with telecommunications carriers.

This proposed power is so broad that it would allow the CRTC to issue orders to any holder of a radio authorization, including public safety agencies and other non-commercial carriers. It would also introduce overlapping authorities with the existing powers of the Minister of Industry, who is responsible for regulating the behaviour of those holding the radio authorizations.

There is little reason to introduce these additional regulations and authorities. Doing so would only add to the regulatory uncertainty and increase the administrative burden on government.

Let me be absolutely clear. The bill would do nothing for the health or safety of Canadians, given that it would not change the requirements that are imposed on every tower or antenna, regardless of height or location. It would harm consumers and those in need of emergency services by tying up the growth of essential services, wireless infrastructure and paperwork. It would intrude upon property owners who wished to install basic antenna systems. It would increase the costs to taxpayers by requiring direct government involvement in every antenna installation. At best is it would duplicate some of the existing requirements, while adding ineffectual red tape.

In the meantime, our government continues to take action, consulting those who are interested in this important issue of tower sharing to find solutions that could reduce the need for new towers, at the same time enforcing existing requirements with rigour. It is this kind of proactive approach that should be favoured by the House, rather than unnecessary red tape.

I urge all hon. members to oppose the bill.

[The Deputy Speaker]

The hon. member for Lac-Saint-Louis will have two minutes.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I only have two minutes, so I will not delve into the core of the speech I intended to deliver. However, I would like to address a point raised by the member for Ajax—Pickering. He mentioned that it was very important for safety, for civil emergencies, that we have cell towers so communications could be facilitated in these situations.

Indeed, that is very much the case. I fail to understand how the bill would prevent the installation of cell towers in a network intended to, among other things, provide a communications system for first responders. As I understand it, the government already has the power to expropriate. For a telecommunications provider to put up a tower, it needs a licence from Industry Canada. Industry Canada will give the licence, if there are no objections, to a tower going in a specific place in a municipality and it will wait for the parties to agree on a some suitable location before issuing a licence.

However, in cases where a tower is required for the communications network to be complete and for first responders to have access to a complete telecommunications system, even if there is no agreement among the parties, I believe the government has the right to expropriate in certain circumstances, namely, where it believes the public interest is at stake.

[The Deputy Speaker]

The time provided for consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

It being 2:30 p.m., the House stands adjourned until next Monday at 11 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 2:30 p.m.)

The House resumed from November 2 consideration of the motion that Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems) be read the second time and referred to a committee.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to rise this evening to talk about the rules governing the placement of telecommunications towers.

I would like to congratulate my colleague, the member for Châteauguay—Saint-Constant, on behalf of all Canadians, mayors and MPs who are dealing with this problem and have been calling for some time for a transparent consultation process so that the public and elected representatives will be able to provide input regarding the location of telecommunications antennas.

To demonstrate the scope of the phenomenon, in Montreal, for example, there are approximately 2,000 structures with antennas. In Rivière-des-Mille-Îles, it is estimated that there are approximately 35 structures of this type. Moreover, some towers can easily house approximately 50 different antennas. The rapid proliferation of wireless applications and of new service providers is bringing increasing pressure to bear on existing infrastructure.

Canadians must be consulted because erecting telecommunications antennas raises a number of issues that directly affect their daily lives. The matter of aesthetics and respecting the built heritage is obvious: nobody wants to have that kind of structure in their backyard. But it is also a question of public health.

Moreover, it appears that the effects of these antennas on our health are not entirely known. Option consommateurs, for example, considers that the standards developed by Health Canada and imposed on service providers by Industry Canada are inadequate, and has argued that they only apply to the amplified thermal effects of radio frequencies that are emitted and not to non-thermal effects in the long term. Most Canadians I have met share this opinion and think that the current safety provisions are inadequate.

To illustrate the frustrations that Canadians and local elected representatives face, allow me to describe something that recently occurred in Saint-Eustache. I am singling out this case, but there are hundreds of similar cases across Canada. I could also list several other comparable cases in Rivière-des-Mille-Îles.

In the summer of 2011, residents of the des Jardins neighbourhood got the surprise of their lives when they saw a 27-metre telecommunications tower go up behind the car dealerships on Dubois Street, which is adjacent to a residential area. When questioned by angry residents, the elected representatives of the City of Saint-Eustache had to admit they were powerless. The negotiation process between Rogers and the municipality took place in 2010. The company first informed the City of what it needed to improve its network. The municipality proposed a number of available municipal lots, but the proposed lots were not suitable in the opinion of the Rogers engineers.

Faced with a deadlock, the telecommunications company turned to the private sector to find a location for its tower. Canadian law requires that for each telecommunications tower project of this type a 30-day public consultation must be held. All residents living within a radius of three times the height of the tower must be informed by letter and invited to comment by regular mail or email. Nobody voiced any opposition during the 30-day period. Industry Canada was therefore able to authorize the Rogers project. How is that possible?

The municipal council argues that, “neither the City, nor the provincial government have jurisdiction in this file,” and that, “since residents are consulted in this kind of process, it is they who are entitled to object to such facilities being built in their neighbourhoods.” The city has reminded residents on several occasions, by way of resolutions, that the council opposed the decision.

Rogers, for its part, claims that it met its regulatory obligations by contacting residents who were directly affected, by being courteous, and by mailing a copy of the consultation to the city.

In my opinion, the legislation and the circular published in June 2007 by Industry Canada governing the installation of antennas poses two problems. On the one hand, telecommunications companies are not forced to share existing towers. Competition is fierce and the companies do not want to share their infrastructure. This is understandable. However, legislators need to bring them back into line. This is public property. Its use comes with responsibilities.

The CRTC must be given the power to adjudicate disputes regarding the sharing of telecommunications towers.

The other problem with respect to the law is that consultations are not really public, to the extent that most of the time, residents and municipal elected representatives have not knowingly given their consent or had time to organize themselves.

The bill introduced by my colleague amends the Radiocommunications Act and stipulates that the construction of all new antenna bearing structures be preceded by a study to examine the option of using existing infrastructure. If this is impossible, all new construction projects involving pylons, towers and other antenna bearing structures, however high, must be subject to a public consultation.

The general idea is to halt the proliferation of antennas by forcing telecommunications companies to reach agreements to share existing facilities. In cases where it is impossible to use existing infrastructure, the bill requires that public hearings be held and forces developers to ensure they have the support of the municipalities before they proceed with their projects. In keeping with this legislation, developers will no longer be able to install antennas without taking into account the concerns of municipalities and their residents in the development of their projects.

Moreover, the bill introduces new obligations in terms of public consultations. For instance, a public consultation must be held on the construction of towers or antenna-bearing structures, regardless of their height. At present, towers that are lower than 15 metres are exempt from public consultation. Industry Canada must then publish confirmation that the public consultation process was respected.

In my view, the bill is a balanced approach that helps find a middle ground between the interests of citizens, municipalities and proponents. We hope to regulate the installation of new antennas, but we do not want to hinder the development of the industry. We want proponents to respect municipalities' lead-time and to respect and consider the concerns of the municipalities and their citizens.

This strategy is completely in line with the NDP's approach. For instance, I like the fact that it aims at strengthening the framework for the development of telecommunications towers by co-operative measures, among proponents, municipalities and citizens. In addition to promoting discussion and co-operation among all parties, the bill would provide the CRTC with the authority to intervene in order to minimize the effects of a new antenna in a community.

I also appreciate that the bill is flexible enough to allow for an antenna to be put up quickly, if necessary. Since there may be certain antenna systems that are not detrimental to the municipality or citizens, the bill provides that an exemption from public consultation could be established by local and government authorities.

Moreover, I have been told that the Canadian Wireless Telecommunications Association is drafting a non-binding protocol on the installation of telecommunications antenna. Wireless providers know that many people are grumbling about the current process, and they are trying to avoid legislation that is even stricter by preparing a framework for self-regulation.

However, history has shown that telecommunications companies have to be persuaded simply to respect their legal obligations. I am thinking, for instance, of the carriers' reluctance to comply with their own regional coverage improvement plan. How can anyone believe that a self-regulation system would allow citizens' interests to come before the interests of these huge corporations?

As I have been told that I have only one minute left to finish my speech, I would like to emphasize the fact that the industry must acknowledge that my colleague's bill makes sense for a lot of reasons. The industry should also work with him to make it better, because the alternative is likely to hurt even more. We have already seen, for instance, in Repentigny, where the city demanded that an antenna be dismantled, that a less heterogeneous approach could also be detrimental to the industry.

I am interested in hearing my colleagues’ comments and questions.