"On April 25, the Supreme Court of Canada affirmed that municipalities have the authority to regulate the installation of telecommunication antennas on public land. This decision upholds a Federal Court of Appeal ruling from last year that sided with the Federation of Canadian Municipalities (FCM).
Today's ruling upholds FCM's long-standing position that telecommunications carriers must negotiate with municipal authorities before installing antennas on public property. While carriers are legally permitted to place wires and cables on public land, antennas raise different considerations related to safety, potential radio frequency interference, and aesthetics. Therefore, municipalities must have the authority to determine where antennas can be permitted. The Court's decision also empowers municipalities to ensure that antenna installations do not impose hidden costs on local taxpayers.
The Supreme Court ruled that the deployment of 5G antennas must balance the interests of telecommunication carriers with those of municipalities. Parliament established this balance through a framework of mutually acceptable negotiated agreements, an approach the Court found logical and reasonable.
FCM recognizes the importance of 5G wireless technology to Canada's economic growth and prosperity. Municipalities are committed to enabling its timely, efficient, and cost-effective deployment while safeguarding local planning, safety, and community interests.
In May 2021, FCM intervened in this matter through its Legal Defense Fund to defend municipal authority by supporting the previous decision of the Canadian Radio-television and Telecommunications Commission, asserting local jurisdiction within the limits of the Constitution and existing federal legislation.
FCM is pleased that the Supreme Court of Canada recognizes and upholds municipalities' jurisdiction in this matter."