View all publications
View All
21Jun
2016

SCC Confirms Exclusive Federal Authority to Regulate Location of Radiocommunication Antenna Systems

The Supreme Court of Canada has given judgment in Rogers Communications Inc. v. Chateauguay (City), 2016 SCC 23, holding that the City lacked the constitutional jurisdiction to regulate the location of radiocommunication antenna systems.

The case began in the fall of 2007 when Rogers entered into a lease of property in Chateauguay with the intention of constructing a new antenna system on the property to fill gaps in its wireless network. After entering the lease, Rogers applied for site approval under the federal Radiocommunication Act, which triggered a requirement that Rogers submit to a 120-day public consultation process as set out in the federal Radiocommunications and Broadcasting Circular (CPC-2-0-03). When Rogers notified the City of its intentions, Chateauguay expressed concern about the proposed installation, citing concerns about the visual impact of the antenna system and the potential for adverse health and safety consequences. After several rounds of consultation, numerous communications with the applicable federal Minister and even the initiation of expropriation proceedings by the City to acquire an alternative site for use by Rogers, the federal Minister issued an approval in 2010 for the construction of the antenna system on the property leased by Rogers in 2007. Chateauguay responded by issuing a “notice of reserve” under its enabling legislation prohibiting all construction on the property for a period of two years. Rogers then initiated legal proceedings challenging the validity of the notice of reserve.

Download pdf: SCC Confirms Exclusive Federal Authority to Regulate Location of Radiocommunication Antenna Systems

Contributing Lawyers:

Browse Client Bulletins

Stay Connected