Antenna System Siting Review & Consultation Protocol
Pictou, Nova Scotia
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POLICY #2012-06-35
ANTENNA SYSTEM SITING REVIEW
AND CONSULATION PROTOCOL
APPROVED BY COUNCIL
JUNE 11, 2012
Page 1 of 31
Table of Contents
Introduction ............................................................................................. 3
1.
Objectives ....................................................................................... 4
2.
Jurisdiction and Interpretation ............................................................. 5
3.
Radiocommunications Development Plan ............................................. 7
3.1 Annual Review ......................................................................... 7
4.
Excluded Antenna Systems ................................................................ 8
4.1 Basic Exclusions ...................................................................... 8
4.2 Additional Exclusions ................................................................. 8
4.3 Confirmation of Exclusion ........................................................... 9
4.4 Community Sensitive Locations ................................................... 9
5.
Application Requirements (for Non-Excluded Applications) ....................... 10
5.1 Pre-consultation Review ............................................................ 10
5.2 Non-Excluded Radiocommunications Facilities ............................... 10
5.3 Complete Application ................................................................. 13
5.4 Additional Information ................................................................ 13
6.
Siting on LUA-owned Properties .......................................................... 14
7.
LUA Recommendations Report ........................................................... 15
7.1 Statement on Land Use .............................................................. 15
7.2 Antenna Siting Design Framework Criteria ..................................... 15
7.3 Statement on Compliance with General Design Recommendations ..... 17
7.4 Siting of Facility Relative to Existing Use ........................................ 19
7.5 Statement of Concurrence .......................................................... 19
8.
Public Consultation ........................................................................... 20
8.1 Notification Package .................................................................. 20
8.2 Notice Sign .............................................................................. 21
8.3 Public Information Meeting .......................................................... 23
8.4 Local Media Notice .................................................................... 23
8.5 Timelines and Concluding Consultation ........................................ 25
Page 2 of 31
9.
Deliverables ..................................................................................
26
9.1 LUA Recommendations Report and Concurrence ..........................
26
9.2 Circumstances of Municipal Non-concurrence ...............................
27
9.3 Time Frames ..........................................................................
27
10.
Definitions ..................................................................................... 28
11.
Repeal .......................................................................................... 30
Page 3 of 31
Introduction
The purpose of the Antenna System Siting Review and Consultation Protocol
Reference Issue 1 is to detail the review process for an application submitted
through the CRINS-SINRC to a participating Land Use Authority (LUA) for the siting
and construction of an antenna system, as well as defining the participating LUA's
expectations relating to the location and design of radiocommunications facilities.
This protocol applies to any proponent planning to install a new or modify an
existing radiocommunications facility regardless of the type of installation or service.
This includes, but not limited to:
Personal Communications Services (PCS);
Cellular operators;
Fixed wireless operators;
Broadcasting operators;
Land-mobile operators;
License-exempt operators; and,
Amateur radio operators.
All new radiocommunications facilities are expected to follow this process to obtain
either a Notice of Facility Exemption or Notice of Completion relating to the
consultation and the corresponding Land Use Authority (LUA) Recommendations
Report.
Page 4 of 31
1 Objectives
The goal of this protocol is to provide a framework which sets out the LUA's
expectations for appropriate design and satisfactory public consultation for
proposed radiocommunications facilities. The objectives that implement this goal
are:
1.1 Having regard for Industry Canada's legislative authority in a protocol which also
respects the context for development and land-use mandate of the LUA;
1.2 Setting out a transparent, consistent, and predictable process for the evaluation of
all radiocommunications facility proposals that:
a) Establishes objective criteria and guidelines for evaluating and processing
applications seeking LUA concurrence;
b) Specifies the LUA's expectations as to how new radiocommunications
facilities are to be sited and designed in a manner that compliments the
surrounding landscape and public realm;
c) Defines a clear consultation process administered through CRINS-SINRC
that requires proponents to engage and inform stakeholders about
radiocommunications facilities; and,
d) Develops a predictable timeline for issuing of LUA recommendations that
incorporates early consultation to identify potential issues with applications in
order to meet Industry Canada's timeline requirements.
1.3 Detailing the roles and responsibilities of the various parties in the
radiocommunications facility consultation process;
1.4 Ensuring that the LUA's residents and businesses are made adequately aware of
radiocommunications facility proposals through education and public consultation;
and,
1.5 Establishing an appropriate conclusion to the LUA consultation process, including
specific outcomes and deliverables.
Page 5 of 31
2 Jurisdiction and Interpretation
2.1 Wireless communications and broadcast operators in Canada are licensed by the
Department of Industry (Industry Canada) in accordance with the exclusively
federal jurisdiction vested in the Radiocommunications Act Section 5(1) (a) (i.1).
Additionally, the broadcasting communication operator's activities are licensed
separately
by
the
Canadian
Radio-television
and
Telecommunications
Commission (CRTC).
2.2 As a federal undertaking, radiocommunications sites must adhere to all applicable
federal regulations and guidelines, including but not limited to:
The Building Code of Canada;
Canadian Environmental Assessment Act;
Industry Canada's CPC-2-0-17 - Conditions of License for Mandatory
Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive
Site Arrangements;
Health Canada's Safety Code 6; and,
Industry Canada's CPC-2-0-03.
2.3 Radiocommunications sites are not subject to either municipal or provincial land-
use legislation including the Planning Act and /or Municipal Governance Act of a
province or territory. No formal development or planning agreements can be
executed and registered on title with respect to radiocommunications facilities.
2.4 For the purposes of this protocol, the Land Use Authority (LUA) shall be the
Municipality of the County of Pictou or in the case of land administered by the
Crown, the relevant provincial government or federal government agency.
2.5 For radiocommunications facilities not excluded under Section 4 of this protocol,
proponents are expected to satisfy the public consultation requirements of the
applicable LUA. The role of the LUA is to provide input and comments to Industry
Canada as part of that process.
2.6 This protocol is to be read in its entirety as a comprehensive and integrated policy
framework to establish the site criteria and process leading to the issuing of a
Notice
of
Completion
or
Notice
of
Facility
Exemption,
and
a
LUA
Recommendations Report for a proposed facility.
Page 6 of 31
2.7 For the purposes of this protocol, the Chief Administrative Officer shall appoint the
appropriate LUA resources that will have authority to manage and exercise
responsibilities under this protocol.
2.8 For greater certainty, the Chief Administrative Officer may appoint a Building
Official and his or her designate, or Planning and Development Officers for the
Pictou County Shared Services Authority and CRINS-SINRC staff to exercise
authority under this protocol.
Page 7 of 31
3 Radiocommunications Development Plan
3.1 Annual Review
3.1.1 Proponents shall be invited to submit within 90 days of the adoption of this
protocol and by September 30th of each subsequent year, a written
Radiocommunications Development Plan (RDP) which outlines the proponent's
expected areas of infrastructure development for the coming year.
3.1.2 The LUA shall review each proponent's plan and identify areas of common
interest between proponents. The LUA shall host a meeting with all Proponents
who submitted an RDP to identify opportunities for joint build and co-location
pursuant to Industry Canada's CPC 2-0-03 and CPC 2-0-17.
3.1.3 The LUA shall identify, as part of the meeting, areas of development and
development applications within its jurisdiction where Proponents may have an
interest in expanding their services. The LUA may facilitate discussion with land
developers, and other interested parties, to allow the Proponents to consider
infrastructure options during the planning stage.
3.1.4 Where feasible, the LUA may offer the Proponents an option for pre-approval on
proposed facilities where a joint build option exists.
Page 8 of 31
4 Excluded Antenna Systems
4.1 Basic Exclusions
Industry Canada excludes a number of proposals from any consultation
whatsoever with the land-use authority, its residents and businesses. The
exclusions are as follows:
a) The maintenance of existing radio apparatus including the antenna system,
transmission line, mast, power, or other antenna-supporting structure;
b) Addition or modification of an antenna system (including improving the
structural integrity of its integral mast to facilitate sharing), the transmission
line, antenna-supporting structure, or other radio apparatus to existing
infrastructure, building, or other structure, provided the addition or modification
does not result in an overall height increase above the existing structure of no
greater than 25% of the height of the original structure. For greater clarity,
Industry Canada extends this exclusion to radiocommunications facilities
proposed to be attached or affixed to any building or structure, including a
rooftop or support pillar;
c) Maintenance of a radiocommunications facility's painting or lighting in order to
comply with the requirements of Transport Canada;
d) Installation of a radiocommunications facility used for a limited duration for a
special event or to support local, provincial, or national emergency operations
during that emergency, and is removed within three months after the special
event or emergency; and,
e) All radiocommunications facilities less than 15 metres (50 feet) in height.
4.2 Additional Exclusions
The LUA additionally excludes the following radiocommunications facilities from
public consultation:
a) Any facility which has been pre-approved as part of a proponent's annual
Radiocommunications Development Plan; and,
b) Additional equipment shelters associated with a new co-located facility.
Page 9 of 31
4.3 Confirmation of Exclusion
4.3.1 The proponent is required to confirm with the LUA that the proposed site meets
the exclusion criteria by submitting proposal information in accordance with
Section 5.1 of this protocol.
4.3.2 Where a proponent demonstrates that their proposal meets one or more of the
exclusion criteria of Sections 4.1 or Section 4.2, the LUA shall issue a Notice of
Facility Exemption to the proponent and Industry Canada.
4.3.3 Proponents are asked to incorporate the design recommendations provided in
the LUA Recommendations Report and well as Section 7.2 of this protocol (as
applicable), even if a Notice of Facility Exemption has been issued.
4.4 Community Sensitive Locations
4.4.1 Notwithstanding the exclusions outlined in Section 4.1 and Section 4.2 of this
protocol, Industry Canada states in Section 6 of CPC-2-0-03 that exclusion
criteria should be applied with consideration for local surroundings. To that end,
proponents are expected to engage in a pre-consultation review with the LUA,
even where a proposed radiocommunications facility is excluded, to allow the
LUA an opportunity to determine if the proposed facility falls within a Community
Sensitive Location.
4.4.2 A Community Sensitive Location shall be defined as any property, which under
the relevant LUA regulations:
is currently designated as a Heritage Property;
is an area of designated architectural significance;
contains a site of archeological significance; or,
is an natural conservation area.
4.4.3 A proposed facility will not be eligible for an exemption from consultation, and the
LUA
will
request
that
Industry
Canada
override
their
policy
on
radiocommunications facilities excluded from consultation, where a facility is
proposed within a Community Sensitive Location.
Page 10 of 31
5 Application Requirements (for Non-Excluded Applications)
5.1 Pre-consultation Review
Proponents shall request a pre-consultation review through the CRINS-SINRC
system. Requests for pre-consultation will be accepted once the proponent has
submitted the following information to the CRINSSINRC online system:
The location of the proposed radiocommunications facility, including its
address and location on the lot or structure (CRINS-SINRC Site Information
Abstract);
A short summary of the proposed radiocommunications facility and, if
applicable, how it meets one of the exclusion criteria under Section 4 of this
protocol (CRINS-SINRC Facility Type Abstract);
Set of drawings illustrating the proposal, including a conceptual site plan,
elevation drawings, and context plan showing the development within the
existing neighborhood (which can be supplied using an aerial photograph
base) according to the drawing guidelines outlined in Section 5.2 (c) and (d).
Completions of a building permit application.
Such a request shall not be deemed by the LUA as the official commencement of
the 120-day consultation process, in accordance with Section 5.3 of this protocol.
5.2 Non-Excluded Radiocommunications Facilities
Any proposals for non-excluded radiocommunications facilities will require the
submission of a complete application through the CRINS-SINRC online system.
This includes completing the online application information, payment of fees, and
uploading electronic versions of supporting documentation as follows:
a) CRINS-SINRC online data entry of the following information:
The location of the proposed radiocommunications facility, including its
geographic coordinates, its address and location on the lot or structure
(CRINS-SINRC Site Information Abstract);
A description of the proposed structure type, shelter type, height, access,
and utility sources (CRINS-SINRC Facility Type Abstract);
Page 11 of 31
b) Upload a written justification on the CRINS-SINRC Facility Type Abstract
containing:
The rationale for the selection of the proposed site (indication of whether the
site provides coverage and/or capacity, what communities / areas will benefit
from the new facility);
Description of co-location alternatives considered within a 3 km radius of the
proposed site;
A statement indicating the justification for the height of the proposed
radiocommunications facility (towers only);
A statement on future co-location possibilities for the support structure, if
applicable (CPC-2-0-17);
A statement on how the radiocommunications facility, if located in an area
designated for future urban development, shall complement and become a
part of the future community without unduly limiting the potential for future
urban development; and,
A statement indicating the justification for not complying with any of the
LUA's preferred design criteria in Section 7.3 of this protocol, as applicable.
c) Upload to the CRINS-SINRC system a set of colour photographs of the subject
lot, oriented toward the proposed radiocommunications facility from at least
three landmarks or important locations in the vicinity of the proposed site:
One set showing the current site conditions (minimum 3 photos); and,
One
set
including
superimposed
images
of
the
proposed
radiocommunications facility (minimum 3 photos).
A topographical map or satellite image showing the location from which
the pictures were taken (1 image).
d) Upload to the CRINS-SINRC system a site plan, elevations, and survey
drawings prepared to appropriate metric scale showing:
The subject lot and lease area (a key plan can be used for properties
having an area of 2.0 hectares or greater);
General site grading;
The location of existing lot lines, and setbacks from those for the
proposed radiocommunications facility;
Setbacks from existing and proposed buildings and structures for the
proposed radiocommunications facility;
Page 12 of 31
Setbacks from the nearest building not on the subject property, measured
from the nearest point of the building, structure, or feature;
The staked limits of significant natural heritage features and other
sensitive
lands
and
setbacks
from
those
for
the
proposed
radiocommunications facility within 3 times the height of the proposed
structure (if applicable);
Existing and proposed landscaping, including an inventory of existing
vegetation and any plantings proposed to screen the base of the tower
and any structures on the ground where applicable;
Access proposed to the radiocommunications facility, including any motor
vehicle parking spaces including dimensions; and,
The structure type and height of the proposed radiocommunications
facility.
e) Upload to the CRINS-SINRC system mapping prepared to appropriate metric
scale showing:
The location of the proposed radiocommunications facility within the
community; and,
Network coverage mapping showing the applicant's current coverage and
anticipated coverage (including signal strengths in dBm) with the
installation of the proposed radiocommunications facility including the
nearest existing antenna systems belonging to the proponent.
f) Upload approvals from Transport Canada's and NAV Canada outlining
aeronautical obstruction marking requirements (whether painting, lighting, or
both) if available. If unavailable, the proponents can provide their applications to
Transport Canada and NAV Canada together with an undertaking to provide
those requirements once they become available;
g) Upload a written attestation that the proposed radiocommunications facility will
comply with Safety Code 6, including combined effects within the local radio
environment at all times, signed by the Professional Engineer taking
responsibility for the site's compliance;
h) Upload a statement on the potential effects that the proposal may have on
nearby electronic equipment (both existing and proposed) in accordance with
CPC-2-0-03 and EMCAB-2, as well as measures proposed to mitigate those
effects; and,
Page 13 of 31
i) Upload a written attestation that the proposed radiocommunications facility will
comply with the National Building Code and National Fire Code in accordance
with the proponent's responsibilities under enabling federal legislation, signed by
the Professional Engineer taking responsibility for the site's compliance.
5.3 Complete Application
To clarify Industry Canada's requirements of Section 4 of CPC-2-0-03, the LUA
shall consider the date a Complete Application was received as the official
commencement of the 120-day consultation process. Such a process is
consistent with and required for other development applications in the LUA. A
determination on the completeness of an application or request for additional
information will be provided within five days of receipt of the application by the
LUA.
5.4 Additional Information
If a request is made to the proponent for additional information prior to the LUA deeming
the application to be complete and no additional information is supplied within 90 days, the
LUA shall advise Industry Canada of the incomplete nature of the application and will deem
the application abandoned.
Page 14 of 31
6 Siting on LUA-owned Properties
Any request to install a radiocommunications facility on lands owned by the LUA
shall be made to the Manager of Realty Services, in accordance with LUA policy.
Independently, an application shall be required by the proponent in accordance with
Section 5.2 of this protocol.
Page 15 of 31
7 LUA Recommendations Report
The LUA acknowledges that proponents can install radiocommunications facilities in
almost any location. It is the LUA's position to work with proponents to achieve the
best possible design of a radiocommunications facility for constituents. Such design
strikes an appropriate balance between technological and network coverage
requirements, and unobtrusive development that compliments or improves the
surrounding landscape and public realm.
As part of the input provided to proponents and Industry Canada, an LUA
Recommendations Report will be provided for all proposed installations and shall be
a required deliverable for non-excluded applications prior to a Notice of Completion
being issued. The LUA Recommendation report shall consist minimally of the
following elements:
7.1 Statement on Land Use
The LUA shall provide a statement on the Proponent's choice of site relative to the
following criteria:
Community Sensitive Locations
Fire routing and access.
Zoning and compatibility with existing Strategic Plans.
Environmental Concerns
7.2 Antenna Siting Design Framework Criteria
7.2.1 The LUA shall provide Antenna Siting Design Framework (ASDF) criteria for the
proposed site to the proponent through the CRINS-SINRC system. The ASDF
criteria shall outline design goals for the proposed site based on the location
chosen by the proponent. The LUA shall form its recommendations based on
how well the proponent's design meets the ASDF design criteria.
7.2.2 The ASDF provides an overall classification of the proposed design through a
concept known as "Degree of Visual Change" which is characterized as "Low",
"Medium" or "High".
7.2.3 The level of public consultation required for a proposed site shall be dictated by
the ASDF "Degree of Visual Change" classification as follows:
Page 16 of 31
"Low" - the proposed facility requires that land owners within a minimum
of 120 metres or 3 times the structure height, whichever is greater, be
notified by mail/courier requesting comments or questions over a 30 day
period. No road signage is required. No public meeting is required. LUA
Staff shall issue a LUA Recommendation Report within 30 days. A Notice
of Completion shall be issued by CRINS-SINRC upon receipt of the LUA
Recommendation Report and approval by the LUA Designated
Representative.
"Medium" - the proposed facility requires that land owners within a
minimum of 120 metres or 3 times the structure height, whichever is
greater, be notified by mail/courier. A Public Notice shall be placed in local
media outlets. Road signage shall be erected prior to the mailout to
adjacent landowners and publication of the Public Notice. No public
meeting is required. Staff shall issue an LUA Recommendation report
within 30 days and such report shall be accompanied by a summary of
public comments received from adjacent landowners and members of the
public. A Notice of Completion shall be issued by CRINS-SINRC upon
receipt of the LUA Recommendation Report and approval by the LUA
Designated Representative.
"High" - the proposed facility requires that land owners within a minimum
of 120 metres or 3 times the structure height, whichever is greater, be
notified by mail/courier requesting comments or questions over a 30 day
period. Road signage shall be erected prior to the mailout to adjacent
landowners. A Public Meeting shall be held no later than 14 days after the
closing date for submissions from adjacent landowners. LUA staff shall
prepare an LUA Recommendations Report within 60 days, including a
summary of public comments received during the public meeting, and
shall present the report to the LUA's Planning Committee and/or Council
for review. A Notice of Completion shall be issued by CRINS-SINRC on
the date the LUA Recommendation Report is presented to Council.
However, a statement of concurrence from the LUA will only occur with
the approval of Council.
7.2.4 Notwithstanding section 7.2.3 above, the LUA may convene a meeting, in its sole
discretion between the proponent, the LUA and concerned parties to address any
specific issues expressed in written submissions. Such a meeting shall include
Page 17 of 31
the Warden, Deputy Warden, Council member(s) as well as the proponent, and
concerned parties.
7.3 Statement on Compliance with General Design Recommendations
The following general design guidelines shall apply for all radiocommunications
facilities in the LUA and proponents are asked to follow these guidelines, as
applicable, for all proposed facilities:
7.3.1 Colors used for all components of the radiocommunications facility shall be
compatible with the surrounding landscape and public realm:
a) Color matching shall be the first preference for the LUA, with the exact
color(s) determined on a case-by-case basis to enhance the surrounding
landscape and public realm;
b) Neutral colors shall be the second preference; and,
c) Non-reflective surfaces and paints shall be used.
7.3.2 Designs requiring no illumination are expected except where Transport Canada
and NAV Canada
requirements for illumination of the radiocommunications facility are identified.
7.3.3 Where a proposed radiocommunications facility requires an equipment shelter:
The first preference is to locate such structures within a main or accessory
building used for other uses on the same lot;
A new, above-ground equipment shelter at the base of the structure or abutting
the penthouse of a building is the next preference of the LUA; and,
Any new equipment shelter shall require architectural treatments sensitive to the
surrounding landscape and public realm and in the case of a building, consistent
with the architectural style of the building.
7.3.4 Where a proposed radiocommunications facility requires screening and access
restriction:
Page 18 of 31
a) Existing vegetation shall be preserved wherever possible, with new
plantings provided to enhance the surrounding landscape and public
realm;
b) Where fencing is proposed, design details including the materials proposed
and elevation drawings showing details and gate locations shall be
provided in the drawings uploaded with the application;
c) Fencing shall use materials sensitive to the surrounding landscape and
public realm; and,
d) The use of razor wire requires analysis in the justification report, including
how its use will not compromise the surrounding landscape and public
realm.
7.3.5 Vehicular access to the proposed radiocommunications facility should be
provided as follows:
a) Access needs to be suitably provided to a public street or across a private
right-of-
way; and,
b) Any parking space provided shall not be within a road allowance.
7.3.6 Where a proposed radiocommunications facility is located on the roof of a
building or structure:
a) Support structures and equipment shelters should be color-matched or
designed with architectural treatments and/or shrouding to compliment or
blend in with the existing building; and,
b) Antennas should be flush-mounted wherever possible.
7.3.7 New radiocommunications facilities shall avoid obscuring significant views and
vistas.
7.3.8 Where a proposed radiocommunications facility is located on the roof of a
building or structure:
a) Any signage required by Industry Canada shall be permitted to be posted on
the radiocommunications facility;
Page 19 of 31
b) The LUA shall require the posting of a small plaque at the base of the
radiocommunications facility, identifying its owner/operator and contact
information for that party; and, No third-party signage, flags, or graphics are
permitted on a telecommunication facility except where such signage is part
of the shrouding scheme for the site and the signage is compliant with the
LUAs existing signage requirements.
7.4 Siting of Facility Relative to Existing Use
The LUA acknowledges that radiocommunications facilities are not subject to the
requirements of a Zoning By-law. Notwithstanding this, the following requirements
apply to radiocommunications facilities:
7.4.1 The
placement
of
any
parking
space
or
any
component
of
a
radiocommunications facility shall not create or cause a situation of non-
compliance with any LUA Zoning By-law for any other use, building, or structure
on the same lot.
7.5 Statement of Concurrence
The LUA shall provide a statement of concurrence or non-concurrence with the
proposed facility, signed by the Building Official.
7.5.1 If the LUA concurs with the proposed facility subject to conditions, the Statement
of Concurrence shall state any conditions to be satisfied by the proponent, and
the Proponent shall be asked to provide a Letter of Undertaking on their
letterhead agreeing to satisfy the conditions.
7.5.2 If the LUA does not concur with proposed facility, then the Statement of Non-
Concurrence shall detail the reasons that the proposed facility is deemed
unacceptable, and any remedies available to the Proponent to satisfy the LUA
and bring their proposal into an acceptable state.
7.5.3 In the case that non-concurrence is due to the Proponent not being prepared to
satisfy the conditions provided under a conditional Statement of Concurrence,
then the LUA shall request that Industry Canada not provide a license to the
Proponent for the proposed site.
Page 20 of 31
8 Public Consultation
In
completing
a
public
consultation process for
a new,
non-excluded
radiocommunications facility, it is expected that CRINS-SINRC and LUA staff shall
facilitate the process with support from the proponent as required. A Public
Consultation shall be required only for facilities that do not meet the exclusion
criteria of Section 4 of this protocol, and shall be conducted according to the
following process:
8.1 Notification Package
a) The LUA will provide CRINS-SINRC staff with a list of landowners and tenants,
where applicable, within a radius of the greater of 120 metres or three times
the height of the proposed radiocommunications facility. This distance shall be
measured outward from the furthest point of the radiocommunications facility's
supporting mechanism (i.e. outermost guy line, building edge, or tower face).
All properties within this distance shall be included on the mailing list.
b) CRINS-SINRC will prepare and distribute the notification package to the
following recipients:
To the landowners within a radius the greater of 3 times the tower
height or 120 metres from the proposed radiocommunications
facility, addressed to the name on the list and "or the occupant";
The Building Official or his or her designate;
The CAO of the LUA;
If an adjacent municipality is located within 120 metres of the
proposed
radiocommunications
facility,
the
CAO
of
that
municipality; and,
The local councilor(s).
c) The package shall include the following items submitted under Section 5.2 of
this protocol:
Description of and rationale for the proposed structure including structure
type and design,
dimensions, height, color, lighting, and site access (including measures to
control public
Page 21 of 31
access);
Superimposed images of the proposed radiocommunications facility;
Attestation that the general public will be protected in compliance with Safety
Code 6, including combined effects within the local radio environment at all
times;
The project's status under the Canadian Environmental Assessment Act;
A description of Transport Canada's and NAV Canada's aeronautical
obstruction marking
requirements (whether painting, lighting, or both) if available. If unavailable,
the proponents can provide their expectation of Transport Canada's
requirements together with an undertaking to provide those requirements
once they become available;
A statement on the potential effects, measures that the proposal may have
on nearby electronic equipment (both existing and proposed) in accordance
with CPC-2-0-03 and EMCAB-2, as well as measures proposed to mitigate
those effects;
Attestation that the proposed facility shall comply with all structural codes
and regulations;
Notice that general information relating to antenna systems is available on
the CRINS-SINRC website;
Contact information for CRINS-SINRC, a representative of the proponent, the
Building Official or his or her designate, and a representative from Industry
Canada; and,
Information on how to submit comments and the closing date for submission
of written public comments (which shall be not less than 30 days from the
date of transmission of the notification).
8.2 Notice Sign
a) The proponent shall erect, when required under this protocol, one notice sign
along each lot line abutting a public street or roadway.
b) Where a public meeting is required, the sign shall be posted at least 21 days
before the public
information meeting. Where no public information meeting is required, the sign
shall be posted for three weeks at any point during the consultation process.
Page 22 of 31
c) All notice signs shall be erected on the lot so that it is clearly visible and legible
from all public streets or roadway abutting the subject lot. The signs shall be
provided by CRINS-SINRC and conform to the following format:
Page 23 of 31
d) Photographs illustrating all notice signs posted and the date on which they were
installed on the subject lot shall be uploaded to the CRINS-SINRC online system
by the proponent as soon as possible.
e) All notice signs must be removed no later than 21 days after an issuance of a
Notice of Completion.
8.3 Public Information Meeting
a) The Public Information Meeting shall be required for all non-excluded facilities
classified as "High" under ASDF criteria, and shall be open and accessible to all
members of the public and local stakeholders.
b) The convener shall make it clear at the beginning of the public meeting that the
LUA is a commenting agency only, and that all decisions relating to the proposal
are to be made by Industry Canada at a later date.
c) The public information meeting will be convened and facilitated by the LUA or
CRINS-SINRC at the LUA's request. A representative from the LUA may attend
to assist in answering questions.
d) The proponent shall provide, at a minimum, two sets of display panels
containing a site plan drawing and colour photographs of the subject lot, oriented
toward the proposed radiocommunications facility from at least three landmarks
or important locations in the vicinity of the proposed site:
One set showing the current site conditions; and,
One
set
including
superimposed
images
of
the
proposed
radiocommunications facility.
The convener shall record all names, addresses, and contact information for
attendees.
e) All Public Information Meetings convened by CRINS-SINRC shall be video
recorded and made available on the CRINS-SINRC website for viewing.
8.4 Local Media Notice
Where a Notice in the local media is required under this protocol, CRINS-SINRC
shall additionally place a notice in the outlets identified by the LUA. Publication of
this notice shall be synchronized with the distribution of the public notification
package. The notice shall be consistent with the following format:
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Public Notice
In accordance with the Radiocommunications Act and
Industry Canada procedure CPC-2-0-03 (2008), be
advised that
[Name of Proponent]
has submitted an application and notified [name of
LUA]
of
its
intentions
to
develop
a
Radiocommunications Site located at
[insert civic address],
[city/town/village and province].
For further information on the above proposal visit the
CRINS-SINRC website:
http://www.crins-sinrc.ca/
or call
1-855-502-7467
Please reference the following Case Number:
[xxxx-xxx-xxxx]
ANY PERSON may make a written submission by
[date] with respect to this matter addressed to:
Canadian Radiocommunications Information
and Notification Service
501-1500 Bank Street,
Ottawa, Ontario
K1H 7Z2
Fax: 866-240-7025
Email: submissions@crins-sinrc.ca
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8.5 Timelines and Concluding Consultation
a) All written submissions received from the public by a means other than direct entry
into the CRINSSINRC online system by a registered user shall be entered into the
online system by CRINS-SINRC staff within 24 hours of receipt. Once entered
into the online system an acknowledgment by the proponent shall be made within
14 days.
b) A dialogue between a party who has provided a written submission and a
proponent shall continue until all Relevant Concerns are answered, or a further
response or inquiry is not received from either party within 21 days, whichever
occurs first. A proponent must respond to all reasonable and relevant inquiries
within 60 days or provide a reason why the question or concern is not relevant.
c) The CRINS-SINRC will maintain the official records of public consultation for the
LUA containing, at a minimum, the following:
Copies of all letters and other written communications received on or before
the last day for comments associated with the application;
Copies of responses outlining how the concerns and issues raised were or
will be addressed or, alternatively, clearly setting out the reasons why such
concerns are not reasonable or relevant; and,
Copies of any follow-up responses received from residents.
Summary of the public information meeting including attendee list and
contact information (if applicable).
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9 Deliverables
Copies of the Notice of Facility Exemption or Notice of Completion, and LUA
Recommendations Report shall be sent directly to Industry Canada with copies sent
to the following parties:
The proponent;
The CAO of the LUA;
The applicable Councilors;
If an adjacent municipality is located within 120 metres of the proposed
radiocommunications facility, the CAO of that municipality; and,
The Building Official for the LUA.
Copies of the above notices and reports shall be maintained by CRINS-SINRC
online for 7 years following the completion of the consultation.
9.1 LUA Recommendations Report and Concurrence
The end result of a successful land use authority consultation process consists of
two parts:
9.1.1 The first component is an LUA Recommendation Report. This report shall outline
the recommendations of the LUA with respect to the design of the proposed
facility. This part of the Concurrence shall only be signed by the Building Official
once a Letter of Undertaking signed by the proponent is received by the LUA.
This Letter of Undertaking shall form a Schedule(s) to the final LUA
Recommendations Report and shall include the following requirements, if
applicable:
a) Attestation that the proponent shall construct and operate the
radiocommunications facility in accordance with the drawings and
justification report submitted; and
b) Any noted design requirements or considerations and other conditions
to meet LUA expectations.
9.1.2 The second component is a Notice of Completion of Public Consultation, or a
Notice of Facility Exemption. This part of the Concurrence shall only be signed by
the Executive Director of CRINS-SINRC and the LUA Building Official, or his
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designate, once proponent has completed the consultation as set out in this
protocol.
9.1.3 A proposal which has received a Notice of Facility Exemption or Notice of
Completion, and a LUA Recommendations Report where the LUA has approved
the site and the proponent has agreed to be bound by the conditions of the
approval (if applicable) shall be deemed to have received Municipal
Concurrence.
9.1.4 The only valid Municipal Concurrence statement the LUA shall issue is one
attached to the LUA Recommendations Report and signed by the Building
Official or his or her designate and sent directly to Industry Canada, with a copy
to CRINS-SINRC for publication and archive.
9.2 Circumstances of Municipal Non-concurrence
9.2.1 Where the LUA is not in concurrence with a proposal, the LUA will advise the
proponent and Industry Canada within the Industry Canada stipulated 120-day
period of its non-concurrence with the proposal.
9.2.2 The LUA will request, for a radiocommunications facility not yet constructed, that
Industry Canada not issue a radio license prior to the LUA issuing a Municipal
Concurrence.
9.2.3 The LUA will request, for a radiocommunications facility constructed without a
Municipal Concurrence, that Industry Canada direct the proponent to consult with
the LUA or use its own powers to remedy the situation.
9.3 Time Frames
9.3.1 If, in the mutual opinion of the Building Official and the proponent, outstanding
issues are close to being resolved approaching the end of the 120-day period but
more time is required to finalize, the LUA shall advise Industry Canada of the
situation and provide an estimated date for delivery of a Municipal Concurrence.
The LUA will also request Industry Canada not issue a radio license prior to the
LUA issuing a Municipal Concurrence.
Page 28 of 31
10 Definitions
Co-location (and co-located) Means the placement of antenna systems on an
existing building or structure, or the placement of additional antenna systems on an
existing support structure, by one or more proponents.
Complete application means an application for Letter of Municipal Concurrence
where all of the items listed in Section 4.1 of this protocol have been provided to the
LUA.
CPC
2-0-03
means
Industry
Canada's
Client
Procedures
Circular,
"Radiocommunication and Broadcasting Antenna Systems," Issue 4, effective
January 1, 2008.
EMCAB-2 means "Criteria for Resolution of Immunity Complaints Involving
Fundamental Emissions of Radiocommunications Transmitters," Issue 1, June
1994.
Equipment shelter means a structure containing equipment such as radios,
electronic, and other apparatus necessary to support the operation of the
radiocommunications facility to receive or transmit signals, and which is not staffed
on a permanent basis.
Height means the vertical distance measured from the established grade of a
building or structure to the highest point of the building or structure, including any
components attached to the building or structure.
Land Use Authority (LUA) means the municipal government, provincial government
(Crown land), or federal agency (i.e. Indian and Northern Affairs Canada)
responsible for land use and planning and development within a jurisdiction.
LUA Same as "Land Use Authority" above.
Landlord means the owner of a lot, building, or structure who permits occupancy of
that lot, building, or structure by a radiocommunications facility.
Municipal Concurrence means satisfaction by the LUA that the proponent has given
adequate regard to this protocol in the siting and design of a proposed
radiocommunications facility, and satisfaction with the completeness of the public
Page 29 of 31
consultation process undertaken by the proponent. Such satisfaction shall only be
expressed through a statement issued by the Building official or his or her designate
as part of the LUA Recommendations Report.
Proponent means a company, organization, or person which offers, provides, or
operates a radiocommunications facility for personal use or the general public.
Public Authority means the LUA, Government of Canada, Provincial Government, or
a Conservation Authority.
Public Realm means, in an area of suburban or urban development, the
appearance, form, and function of buildings, structures, landscape, linkages, places,
and activities occurring or planned on the subject lot and within the immediate
vicinity, regardless of ownership.
Radio License means the approval of sites to be used for radiocommunications
facilities, issued only by Industry Canada.
Safety Code 6 means Health Canada's Safety Code 6, "Limits of Human Exposure
to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to
300 GHz," 2009.
Surrounding Landscape means, in a rural or undeveloped area, the geography of
and appearance of the land and associated features including buildings and
vegetation.
Support Structure means a structure permanently affixed to the ground or onto an
existing building or other existing structure used to support one or more antenna
systems or other platforms for the primary purpose of radiocommunications.
Radiocommunications Facility means the components, either individually or in
combination, required to operate a wireless communications network including cell
sites, transmitters, receivers, antennae, and signaling and control equipment, and
may include an accessory equipment shelter and support structure.
Page 30 of 31
11 Repeal
All prior policies, procedures and/or protocols with respect to antenna system siting
review and consultation, including the Municipal Antenna Site Procedure Policy
adopted by Municipal Council on June 6, 2011 are hereby repealed.