C-429
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-429
An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems)
first reading, June 4, 2012
Mr. Chicoine
411592
SUMMARY
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.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-429
An Act to amend the Radiocommunication Act and the Telecommunications Act (antenna systems)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. R-2; 1989, c. 17, s. 1
RADIOCOMMUNICATION ACT
1. The Radiocommunication Act is amend-ed by adding the following after section 5:
RADIOCOMMUNICATION AND BROADCASTING ANTENNA SYSTEMS
Using existing infrastructure ― sharing
5.1 (1) The construction of any new antenna-supporting structure shall be preceded by a study to examine the following options:
(a) the possibility of sharing an existing antenna system or modifying or replacing a structure if necessary; and
(b) the possibility of locating, analyzing and attempting to use any feasible existing infrastructure.
Requirement
(2) A written record shall be created, within a reasonable period of time, of
(a) any proposal to share an antenna system and the acceptance of the proposal; or
(b) the reasons it is not possible to share an antenna system.
Consultation of authorities
5.2 (1) Before any work begins, the proponent shall consult the land-use authority to determine the local requirements regarding antenna systems.
Recording
(2) The proponent shall create, and keep for the prescribed period, a written record of
(a) the results of its dealings with land-use authorities during the consultation provided for in subsection (1); and
(b) the confirmations of compliance issued by the land-use authorities and by the Department of Industry.
Definition of “proponent”
(3) For the purposes of this section, “proponent” means the person who plans the installation or modification of an antenna system, regardless of the type of installation or service offered. 
Public consultation
5.3 (1) A public consultation shall be held in connection with the construction of any mast, tower or other antenna-bearing structure, of any height, unless an exemption is awarded by
(a) the land-use authorities; or
(b) the Department of Industry.
Recording
(2) The proponent shall create, and keep for the prescribed period, a written record of
(a) all the observations received during the public consultation provided for in subsection (1); and
(b) a confirmation from the Department of Industry that the public consultation process applicable to the siting of antenna systems was respected.
2. Subsection 6(1) of the Act is amended by adding the following after paragraph (e):
(e.1) prescribing, for the purposes of subsection 5.1(2), the proposal to share — including specifying the information it must contain — and the reasons that might prevent the sharing of an antenna system;
3. Paragraph 10(1)(a) of the Act is replaced by the following:
(a) contravenes sections 4 and 5.1 to 5.3 or paragraph 9(1)(a) or (b),
1993, c. 38
TELECOMMUNICATIONS ACT
4. The Telecommunications Act is amended by adding the following after section 45:
Access
45.1 Where the telecommunications common carrier cannot, on terms acceptable to it, gain access to masts, towers or other antenna-supporting structures belonging to the holder of a radio authorization issued under the Radiocommunication Act, the carrier may apply to the Commission for a right of access subject to the conditions of the authorization and the Commission may grant the permission subject to any conditions that the Commission determines.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada