Consults on antenna systems must be done in both official languages, ISED determines

Canadians will be able to participate in public consultations regarding the installation or modification of antenna systems in the official language of their choice, after the Department of Innovation, Science and Economic Development (ISED) determined that consultations must be communicated in both official languages in communities located in census subdivisions that have an official language minority population of any size. “Overall, ISED's objective in requiring consultation for most significant new antenna systems is to facilitate an open, transparent process that promotes the continued orderly and efficient expansion of wireless technologies and services,” the department wrote in its decision issued last Friday. In March 2021, ISED published a consultation which sought comments on proposals for the inclusion of official language requirements for public consultations for anyone planning to install or modify an antenna system. “A general requirement that applies to proponents across Canada will help ensure that members of the public can participate in consultations and address their reasonable and relevant concerns relating to the siting and design of a proposed antenna system in their community, in their official language,” ISED wrote in its decision. In its initial consultation ISED proposed two options: to provide communications with the public in both official languages and to respond to comments in the official language it was written, applicable across Canada; or to apply those same requirements only in census subdivisions that have a minimum official language minority population of five per cent. BCE Inc., Rogers Communications Inc., Xplornet Communications Inc., Shaw Communications Inc., and Radio Amateurs of Canada (RAC) all expressed support for the latter option in their comments on the consultation. RAC suggested that telecommunications carriers, broadcasting undertakings and third-party tower owners be required to provide initial communications in both official languages and that other proponents such as amateur radio operators should only be required to provide information in the minority official language if requested. The Canadian Radiocommunications Information and Notification Service (CRINS) supported either option, however it pointed out that regional or local entities may lack the resources necessary to produce materials in both official languages if the requirements were applied across Canada. Telus Corp. and Saskatchewan Telecommunications Holding Corp. opposed all requirements. Telus recommended that requirements be limited only to ISED's default consultation process. Sasktel “felt a universal obligation was not justified in Saskatchewan, where few residents would require bilingual correspondence. SaskTel proposed that official languages requirements only be obligatory where the land-use authority requests or requires a bilingual public consultation process,” according to ISED’s decision. ISED determined that bilingual consultation requirements would be unnecessary for populations in certain census subdivisions. It found that 30 per cent of the 4,585 census subdivisions for which official language population data were available had no official language minority population. However, ISED also found that adopting its five per cent threshold would exclude more than 20 per cent of Canada's total official language minority population. “Under the circumstances, ISED considers that adopting a threshold that better ensures the participation of all official language minority populations would be more consistent with facilitating full participation in open and transparent public consultations,” it wrote in its decision. As a result ISED determined that initial communications with the public (ex. notification packages and public notices) must be made in both official languages in communities located in census subdivisions that have an official language minority population of any size and proponents must respond to individuals in the official language in which they made their comments, replies or questions. ISED plans to publish a list of census subdivisions that are subject to the official language consultation requirements in Fall 2022. The requirements will then come into force for public consultations commencing on or after Aug. 1, 2023. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

Consults on antenna systems must be done in both official languages, ISED determines

News | August 3, 2022

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