House of Commons Hansard #175 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was panama.

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Radiocommunication ActPrivate Members' Business

2:20 p.m.

Conservative

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.

Radiocommunication ActPrivate Members' Business

2:25 p.m.

The Deputy Speaker

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

Radiocommunication ActPrivate Members' Business

2:25 p.m.

Liberal

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.

Radiocommunication ActPrivate Members' Business

November 2nd, 2012 / 2:30 p.m.

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.)