Telecommunication (Cell) Towers
Telecommunication towers are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation, such as the Planning Act, including zoning by-laws, does not apply to these facilities. Industry Canada has exclusive authority and responsibility for the approval of radiocommunications facility installations.
Industry Canada approval process
Industry Canada approves all new radiocommunications facilities. Notwithstanding the wireless telecommunications facilities communication protocol adopted by the City, regulatory authority over the radio and spectrum licence approval processes rests with Industry Canada under the Federal Radiocommunication Act
(R.S.C. 1985, c.R-2). Applicants are expected to work through Industry Canada and follow their CPC-2-0-03 protocol
(Radiocommunication and Broadcasting Antenna Systems) when constructing new radiocommunications facilities.
Windsor’s Consultation Process for Wireless Telecommunications Facilities
Industry Canada only provides the city with the opportunity to define the local consultation process and provide recommendations on facility design and siting on a property. Council approved the attached Consultation Process for Wireless Telecommunications Facilities on or around September 2, 2008. The Council report adopting the consultation process is also available.
The City Planner (or designate) has been appointed by City Council as the municipal contact/official responsible to facilitate the consultation process. Although exempt from any Planning Act approvals, the carriers have agreed to follow our Site Plan Control approval process as a way of dealing with siting concerns associated with any of the proposed tower locations. They will typically notify persons/property owners located within a radius equivalent to three times the proposed tower height.
In locating new telecommunication towers, the proponents agree, that where reasonably possible, having regard to matters of engineering and economics, their proposed sites will be considered in the following order:
Sites co-located on existing structures;
Land outside of zoned residential areas where possible;
Land owned by the municipality; and
New structures on land owned by private land owners.
The proponent may only commence installation/modification of an antenna system after the consultation process has been completed by the land-use authority, or Industry Canada confirms concurrence with the consultation portion of this process, and after all other requirements under this process have been met.
Following the consultation process outlined by the City’s Consultation Process for Wireless Telecommunications Facilities and/or Industry Canada’s CPC-2-0-03 protocol, the City Planner (or designate) will provide a statement of concurrence or non-concurrence with the proposed facility.
For general information, call 311. For detailed inquiries, contact us at:
Planning & Building Services DepartmentPlanning Division
2nd Floor, 350 City Hall Square West
Windsor, Ontario, Canada N9A 6S1
Phone: (519) 255-6543
Fax: (519) 255-6544