3. Consultation with the Land Use Authority
The purpose of consultation with the Land Use Authority (LUA) is not to seek permission to build radiocommunications sites. The permission to construct a site is implicit in the license granted by Innovation, Science, and Economic Development Canada (ISEDC) under federal jurisdiction.
Instead the intention is to give the Land Use Authority, as the body responsible for the management of development planning within its local jurisdiction, an opportunity to discuss any concerns they have regarding a proposed radiocommunications facility with respect to land-use. These concerns could be relative to proposed developments in the area, or take into consideration any impact on buildings and areas of recognized environmental, historical, architectural or archeological value.
Proponents, though not bound by zoning by-laws, are expected as a matter of good relations to take into account any feedback provided by the Land Use Authority where such feedback is designed to limit the proposed radiocommunications site's impact on the surrounding area.
Additionally, the LUA is typically the entity responsible for evaluating all planning applications in their jurisdiction and are therefore the first point of contact for development inquiries from the public. As such, the LUA needs to be in a position to be aware of a proponents intentions so as to consider the radiocommunications site in other planning applications.
To simplify the public consultation process so that both the LUA and the public can provide feedback, Innovation, Science, and Economic Development Canada (ISEDC) instructs proponents to follow the public consultation protocol used by the LUA, where available. This allows the public and LUA an opportunity to engage in the review much like other developments that an LUA commonly assesses. However, unlike other developments under LUA jurisdiction, Innovation, Science, and Economic Development Canada (ISEDC) expects that an LUA protocol relevant to radiocommunications facilities should not require more than 120 days to complete consultation in accordance with CPC 2-0-03 (2014).
Once the review is complete, the LUA is expected to provide a statement on concurrence confirming that a public consultation has occurred, and provide a statement that either: a) the site is accepted by the LUA as presented, b) the site is acceptable to the LUA subject to requested/suggested changes, or c) the LUA cannot support the site and provides reasons.
In the case the LUA does not support the site, the proponent may notify Innovation, Science, and Economic Development Canada (ISEDC) that it intends to proceed with the site over the LUAs objections and provide the reasons it feels it should be allowed to proceed, along with supporting documentation.
Innovation, Science, and Economic Development Canada (ISEDC), as the final arbiter of disputes, will assess whether the proponent has complied with both CPC 2-0-03 and CPC 2-0-17 and will review the concerns of the LUA. If the proponent is found to have complied with all federal requirements, then Innovation, Science, and Economic Development Canada (ISEDC) will consider the concerns of the LUA and make a determination on whether the proponent may build the site. Innovation, Science, and Economic Development Canada (ISEDC)’s decision is final and is binding on both the LUA and proponent.
