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

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am pleased to rise in this House today to support Bill C-429, An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems), introduced by the hon. member for Châteauguay—Saint-Constant.

This bill is particularly important because it affects each and every one of our ridings. I am pleased that we have the opportunity to examine this issue today.

This bill seeks to legislate the implementation and construction process of antenna systems, and to ensure the balanced development of telecommunications antennas, among others, by involving local authorities in these processes.

As we know, the telecommunications industry is growing in Canada, and we all benefit from it because we can fully enjoy its services.

This industry is essential to ensuring that Canadian businesses remain competitive and that every citizen can remain in constant contact with people around him, both on a personal and professional level.

As members of Parliament, and given the importance of BlackBerrys, emails and other forms of communication in our daily lives, we are all very aware of the importance of the telecommunications industry in our lives and in the lives of our constituents.

However, we have to admit that the current development of telecommunications towers in Canadian municipalities is poorly managed, and that the regulatory framework established by Industry Canada is unable to meet the concerns of thousands of citizens and hundreds of municipal officials.

Indeed, Industry Canada's directive CPC-2-0-03, which governs the telecommunications industry, does not include any compulsory public consultations for the construction of towers less than 15 metres high, and does not require the involvement of local authorities in the implementation process of telecommunications antennas.

Moreover, while this directive includes sanctions for non-compliance with the established regulatory framework, it seems Industry Canada does not impose these sanctions on offenders.

In June, at the last convention of the Federation of Canadian Municipalities held in Saskatoon, I had the opportunity to attend a panel on telecommunications antennas in municipalities. The participants included Bernard Lord, Industry Canada officials and, of course, municipal councillors and mayors from all regions of the country. What I heard at that panel was not particularly good nor very flattering for Industry Canada, quite the contrary. There was a lot of frustration and discontent directed at Industry Canada officials and Mr. Lord.

All that frustration convinced me of the urgent need to review the existing regulations to better harmonize the implementation process of telecommunications antennas in our municipalities.

Bill C-429 seeks to respond to the frustrations felt by citizens and municipal officials by regulating the siting and construction of antenna systems, while also democratizing the process by involving the land-use authorities, that is the municipalities, as well as citizens in the decision-making process.

First of all, this bill simplifies the application process for the shared use of antenna sites by telecommunications companies, in order to limit the unnecessary proliferation of new towers in our municipalities, which seems to be happening all across Canada.

Bill C-429 also grants the CRTC oversight power and the authority to rule on disputes regarding tower sharing, which will have the advantage of creating a single forum independent of government to resolve any disputes that arise between telecommunications companies.

In addition, the bill compels these companies to hold public consultations before constructing any tower, regardless of its height, except in cases where the construction will not hurt anyone.

For instance, my riding of Portneuf—Jacques-Cartier has some very isolated, rural municipalities. I am thinking of places like Rivière-à-Pierre, where there is no cellular service. No companies serve that region. I can assure you that the people of Rivière-à-Pierre would very much like to have a telecommunications tower in order to have cellular service in their municipality. I have no doubt that that exception would easily apply in that municipality, since there is an urgent need there.

Lastly, Bill C-429 would also require proponents to consult the local land-use authority, namely the municipality, in order to determine the local requirements and ensure that the siting of a telecommunications antenna fits in with the municipality's local development plans.

When we talk about local requirements, we are talking about a public consultation process that has already been established by the authority, discussions regarding possible tower locations and the response to reasonable and relevant concerns of the municipality and community involved. Nothing outlandish is being requested—quite the contrary.

It is important to remember that land use falls under provincial jurisdiction and is delegated to the municipalities. It is necessary to ensure that they are able to fully exercise their jurisdiction over their own land, and it is absolutely essential that antenna systems are developed collaboratively in keeping with the municipal or rural land use plan.

The purpose of the bill is certainly not to harm the industry, which is extremely important to Canada. What is more, there will not be any regulatory duplication, as some of the members opposite suggested. In fact, the existing requirements will be replaced with those set out in Bill C-429, so that particular problem will simply resolve itself once the bill is passed.

The bill introduced by the hon. member for Châteauguay—Saint-Constant addresses a clear demand from municipalities and individuals who currently have no recourse at all when a telecommunications tower is erected in their municipality in a place that neither members of the community nor municipal officials find suitable.

This problem is not specific to the telecommunications industry. In fact, a number of other areas of exclusive federal jurisdiction are experiencing the same problem, since the government refuses to exercise its jurisdiction and regulate it fully, under the pretext that it does not want to harm the industry. However, the government is forgetting all the people who are directly affected by this, individuals and municipal officials, who have development plans for their cities and who, sometimes, in certain regions, have to protect farmland, which is becoming increasingly rare. All of these considerations need to be taken into account but are ignored in areas of exclusive federal jurisdiction.

I have in mind an example that affects my riding in particular, and that is the aerospace industry. The existing regulations for the construction of private airports are fairly similar to those in effect for telecommunications antennas. This area is largely unregulated, which means that private developers have a great deal of latitude and can pretty much do what they want at Canadians' expense.

Private airports, specifically, can be put anywhere in a zone considered undeveloped, without the need to consult with elected municipal officials and the public. For antennas over 15 metres it amounts to the same problem. There is the case of the unwanted construction of a private airport in Neuville. Despite opposition from hundreds of citizens and the municipal council, petitions, protests and multiple calls on Parliament to have the minister ask the Standing Committee on Transport, Infrastructure and Communities to conduct a study to address the harmonization issues between federal and provincial areas of jurisdiction, nothing has been done and the public has no protection or recourse. This is the same situation.

The protection of land and farmland, and land use are all exclusive provincial jurisdictions, but that fact is overlooked to the benefit of rich private developers, whether it is to build telecommunications antennas or airports. It is the same situation here, and it is a problem. That is why I thank the member for Châteauguay—Saint-Constant for introducing this kind of bill. He is forcing us to think about the needs of the provinces and municipalities and their responsibilities towards the public. It also enables us to better protect our own constituents, the people we represent.

Bill C-429 responds to a real need. I hope it will be supported by members of all the parties in the House. The public and the Federation of Canadian Municipalities clearly support my colleague's bill. I hope that members from each party will do the same.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I am very happy to participate in this debate today. I thank my colleague from Châteauguay—Saint-Constant for bringing forward Bill C-429, which would help alleviate a lot of the problems that many of us are experiencing in our local communities. I thank the member for his diligent work on this issue.

This is an issue that, when we delve into it, we find right across the country. Many communities have been faced with the difficult challenge of suddenly finding there is a cellphone tower popping up in the middle of their neighbourhood, near a school, near a residential community, in the middle of a residential community. Then they find out that if it is under 15 metres, they cannot do anything about it.

We had that situation in my community of east Vancouver. Because of the diligence of local community members who brought this to my attention and to the attention of the local member of the legislature, MLA Shane Simpson, we found out there was a problem in our local neighbourhood. We immediately went to work and started to look at the regulations or lack thereof, about what we could do. It was through the incredible hard work of local neighbours, people like Janice, that information became available in the local community. They were as surprised as anyone to find out that, without their knowledge, a cellphone tower had been erected adjacent to a low-rise apartment building at Hastings and McGill, slap bang in the middle of a residential neighbourhood, and there was virtually nothing they could do about it.

I immediately wrote to the Minister of Industry and the Minister of Health to inquire why the rules and regulations exempted these cellphone towers and that the municipality, the city of Vancouver, that wanted to be involved had no recourse to deal with the telecommunications companies that put these towers in east Vancouver and other neighbourhoods. I also raised it in the House in December 2010. I was very dissatisfied with the responses I received from both ministers.

I and Shane Simpson, the MLA, decided to proceed with a public forum in our community and to bring in the telecommunications wireless companies and the city of Vancouver to have a discussion about what should be done with the cellphone tower. Councillor Raymond Louie, who took a lot of time and interest in this issue, in responding to the concerns in the local communities, and particularly the city of Vancouver deputy city manager, Sadhu Johnston who came to our meeting, as well as the medical health officer, worked very closely with us as elected officials, with the local community and with the cellphone companies to find a resolution. It was only because we were able to get the parties together in a voluntary way that we were finally able, after more than a year's work, to get a resolution and a voluntary agreement from the company in question that it was an inappropriate location for a cellphone tower.

We had a good resolution in that one instance. However, what is not being addressed is the ongoing issue across Canada of these cellphone towers, what they are doing in local and urban communities and residential neighbourhoods and the fact that Industry Canada has really not responded. One of my constituents wrote me an email on this recently. She says, “Industry Canada are impossible to talk to. It is quite literally like talking to a brick wall. Canada is essentially allowing the cellphone companies to self-regulate”. She too makes the point, as my colleague just did, that this has been a very big topic of discussion for municipal councillors at the Federation of Municipalities.

The municipalities are asking for a very rational change. They have asked that municipal consultation be required on all towers that are to be installed.

On my part, I also brought forward Motion No. 154 to this effect in the House, calling on Industry Canada to change the current regulations so that telecommunications companies seeking to install cellphone towers must have municipal consultation regarding all towers being installed, and public consultation regarding those within 500 metres of any tower being installed. In my motion, I also called on Industry Canada to allow communities to develop their own regulation and consultation rules to prevent impacts on residential areas and areas adjacent to schools, and also to require a public review of the statistics of what is going on with these cellphone towers.

What I found out when I first started dealing with this a couple of years ago is that it is really quite incredible the number of towers that are going up across the country. Moreover, no one seems to be keeping track of them, particularly the towers under 15 metres tall. They can just go ahead and do it without the involvement of and consultation with municipalities being required.

I do think it is a very serious issue. There are also health concerns that need to be addressed. I know that many members in my community were also very worried about the health impacts of being so close to some of these towers. In fact in Vancouver the Vancouver School Board has policies to ensure that these cellphone towers, where they are over 15 metres tall, are not adjacent or close to schools.

I know there is a lot of concern. In fact there is now a citizen movement of sorts across the country to raise awareness about the issues, both from a health and a municipal perspective, and the fact that there seems to be a complete lack of regulation and attention to this issue by Industry Canada.

I am very glad that this bill is before us today, because I do feel that the bill has been very carefully put together and will address many of the concerns that have been expressed to me by my constituents.

I really want to appeal to members on all sides of the House to look at this bill on its merit. It seems to me that this is the kind of bill that is not partisan or political in any way. It is actually responding to a very real issue in local communities, whether the MP concerned be Conservative, NDP, Liberal, Bloc, or whatever.

As members of Parliament, surely we should be responding to this issue, be willing to find solutions and be looking at this bill as a possible solution. I do hope very much that this bill can get through second reading and go to committee, because I know there are people who would very much like to come forward as witnesses and who would like to speak about the work that is being done at a local level. I am sure the Federation of Canadian Municipalities would also like to come forward. I am sure that the cellphone companies themselves would like to come forward to have a discussion about this.

What we do not want to happen is this issue being pushed under the carpet and ignored. I know there are MPs from all parties who have actually dealt with this issue. I know there are constituents phoning, emailing and organizing in local communities.

Let us respond to this issue in a non-partisan way. Let us take this bill, get it to committee, have a thorough examination and actually address something in a practical, rational and realistic way. I am hopeful that members will support this bill and we can respond to our constituents' concerns about these cellphone towers.

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

Mr. Speaker, first I want to thank the Union des municipalités du Québec and the Federation of Canadian Municipalities for effectively supporting my bill. I also want to thank the majority of other groups of municipalities in the other provinces, which I contacted and which also were enthusiastic about this legislation.

I also want to thank all the hon. members who used their right to speak, in most cases, to support my bill, with the exception of some government members who, during the first hour of debate, raised some objections which I would like to address.

First, in his speech, the hon. member for Ajax—Pickering basically raised six points to oppose the bill. He said that Bill C-429 would increase the administrative and regulatory burdens.

In this regard, I would like to say that there is no regulatory duplication, since existing directives would simply be replaced and included in the act. Also, if the regulations included in Industry Canada's directive had been properly respected, perhaps we would not be debating this bill today, because the country would have probably experienced far fewer problems.

Some members did not support the bill. They said that some requirements in this legislation would make the existing regulations more vague. The Telecommunications Act and the Radiocommunication Act are framework laws that require very few specifics. Details about their implementation are included in the regulations. I think government members are well aware of that. Therefore, they are trying to pretend that this legislation would create chaos. The issue of uncertainty was also raised.

I think this is a denial of the current situation. In recent years, few bills proposed by opposition members were supported by the members opposite, and that is regrettable. They raise all sorts of objections that are questionable to say the least.

This bill does not create a huge administrative burden, as claimed earlier. I think it is perfectly normal for some documents to be presented to strengthen transparency among telecommunications promoters. Presenting a document explaining the reasons to not share an antenna site is already a requirement in the directive. Therefore, it does not create a new administrative burden, or a need for a new service at Industry Canada, as claimed by the hon. member for Ajax—Pickering in his speech.

The Conservatives are also claiming that the current regulations are effective because promoters follow Industry Canada requirements to the letter. In my opinion, this is a total denial of the current situation. Many problems have been experienced across Canada. It has been quite some time since certain members opposite have gone out to meet with people from municipalities grappling with these problems.

I believe that the current regulations are not really effective because they are not enforced. Penalties are also not applied. With this bill, I am putting the regulations into the legislation and adding some provisions.

The Conservatives are also claiming that dispute resolution is much more effective and accessible. It is time that the Minister of Industry listen to the stakeholders and talk with Industry Canada.

In closing, I find that the Conservatives' arguments against the bill are rather weak. I am asking my colleagues to evaluate the bill properly. It is not a huge bill that would make matters worse. It will have the opposite effect. This bill will not solve all the problems plaguing cities and their residents. But it will improve the current situation.

[The Acting Speaker, Barry Devolin]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Barry Devolin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Barry Devolin]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93 the recorded division stands deferred until next Wednesday, December 12, just before the time provided for private member's business.

The House resumed from December 6 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.

[The Speaker, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-429 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #596

[The Speaker, Andrew Scheer]

I declare the motion defeated.