Cell Tower Protocol

Telecommunication towers and antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act administered by the department of Innovation, Science and Economic Development Canada (ISED). Provincial legislation, such as the Planning Act and zoning by-laws, does not apply to these telecommunication facilities.

Notwithstanding the federal government’s exclusive jurisdiction, ISED’s Radiocommunication and Broadcasting Antenna Systems Client Procedures require cell tower applicants to address comments and concerns through the municipal public consultation process, as outlined in the Municipality of Clarington’s Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol).

Applications to install radio communication and broadcasting antenna systems are subject to a public consultation process, and approval by the Deputy CAO of Planning and Infrastructure (or designate).

In the case of a dispute between the applicant and the Municipality of Clarington, a final decision may be made by ISED.

The protocol applies to anyone who is planning to install or modify an antenna system, regardless of the type of installation.

This includes telecommunication carriers, businesses, governments, Crown agencies, the public, and those who install towers or antenna systems on behalf of others for leasing purposes (third-party tower owners).

The following telecommunications tower projects are excluded from consultation:

• New antenna systems: where the height is less than 15 metres above ground level. This exclusion does not apply to antenna systems to be used by broadcasting undertakings, telecommunications carriers or third-party tower owners.
• Existing towers: modifications may be made, or the tower may be replaced, to facilitate sharing or the addition of antennas, provided that the total height increase is no greater than 25 per cent of the height of the initial antenna system installation. If the 25 per cent increases the height to be above 15 metres, public notice will be required. No increase in height may occur within one year of completion of the initial construction.
• Non-tower structures: antennas on buildings, water towers, lamp posts, etc. may be installed provided that the height of the structure is not increased by more than 25 per cent.
• Temporary antenna systems: used for special events or emergency operations and must be removed three months after the start of the emergency or special event.
• Existing antenna systems: no consultation is required prior to performing maintenance on an existing antenna system

Where an Antenna System Review Process is required, the proponent must carry out public consultation, notifying the public through notices, signs and public information sessions.

This gives people an opportunity to ask questions, provide comments and share their concerns. The applicant is required to provide responses to the public and submit a summary of the results of the public consultation.

Health Canada has radiofrequency exposure guidelines. ISED requires operators to comply with Safety Code 6 at all times, including the combined effects of nearby installation.

The Municipality of Clarington does not assess any submission for a Radiocommunication and Broadcasting Antenna system with respect to health and radiofrequency exposure issues or other non-placement or non-design issues.