Mr. Speaker, there have been only two recent cases where the Minister of Industry was or has been made a party to a court case involving telecommunications towers. Canada (Minister of Industry) v. Thomson, [2004] F.C. 265; Levine v. Canada (Minister of Industry), [2009] F.C. 1297. In both cases, the courts have affirmed decisions made by the Minister of Industry on antenna and antenna tower siting in accordance with his mandate under the Radiocommunication Act. For example, see Telus Communications Inc. v. Toronto (City) (2007), 84 O.R. (3d) 656.
There are a few recent cases that involve the siting of antennas where the minister is not a party but has been served with a notice of questions involving constitutional jurisdiction. Some of these cases are ongoing, but the ones that have been decided have affirmed that antenna tower siting and the exercise of other functions under the Radiocommunication Act are properly matters of federal jurisdiction.
Therefore, Industry Canada has not been required to take follow-up action as a result of any court cases. However, Industry Canada commissioned an extensive study and review of its antenna siting policy and procedures and revised them three years ago in order to respond to comments and concerns from the public, local-land use authorities and radiocommunication operators.