Telecommunication Tower and Antenna Protocol

Originally Adopted by Council on August 13, 2009. Last Amended by Council on March 4, 2026.

1. Protocol Objectives

The City of Hamilton Telecommunication Tower and Antenna Protocol aims to achieve the following objectives:

1. To establish a clear and concise protocol for the review of telecommunication facility and antenna system proposals within the City of Hamilton;
2. To encourage consultation by telecommunication providers with the municipality as early in the location process as practical and feasible;
3. To encourage the location and siting of telecommunication facilities in a manner which minimizes the effects on residents, lessens visual impact, and respects natural and human heritage features and sensitive land uses to the greatest extent possible;
4. To establish consultation processes with the municipality and the public which are in alignment with the federally regulated approval process for telecommunication facilities and antenna systems and support the City’s role as a land use authority within that process; and,
5. To recognize the jurisdiction of Innovation, Science and Economic Development Canada with respect to the implementation of appropriate health, safety, and environmental standards in exercising its authority to approve the location of telecommunications facilities.

2. Jurisdiction and Roles

2.1 Role of Innovation, Science and Economic Development Canada (ISEDC)

The regulation and approval of telecommunication towers, antenna systems and related facilities falls under federal responsibility and is governed by the Radiocommunications Act. The federal approval process is administered by Innovation, Science and Economic Development Canada (ISEDC), formerly Industry Canada. ISEDC’s Client Procedure Circular 2-0-03 titled “Radiocommunication and Broadcasting Antenna Systems” outlines the process that must be followed for any telecommunication tower/antenna installations. CPC-2-0-03 establishes requirements for when and how a Proponent must consult with the local land use authority and the public, as well as exemptions from those requirements.

2.2 Role of the City of Hamilton

In the process established by Innovation, Science and Economic Development Canada (ISEDC), the land use authority performs several functions. The City of Hamilton’s role as a land use authority within this process includes providing comments to ISEDC on proposals to install or modify antenna systems, following review and consultation as required. The municipality does not have the authority to deny or prohibit the installation of a telecommunication facility or antenna system and is expected to review the proposal and provide comments within 120 days. The City can request to extend the 120 day review time if deemed necessary. After consultation has concluded, the municipality issues a letter of concurrence or non-concurrence to the Proponent and ISEDC indicating whether or not consultation has met the requirements established by the ISEDC. The intent of this process is to provide an opportunity to have reasonable and relevant land use concerns addressed while respecting federal jurisdiction.

Note that the City of Hamilton’s Protocol focuses on and applies to Proponents, as defined in this Protocol. This Protocol does not apply to antenna systems installed by the public (including for amateur radio operation and over-the-air TV reception); however, these are still subject to Innovation, Science and Economic Development Canada’s CPC-2-0-03.

The designated Municipal Official for this Protocol is the City’s Director of Planning and Chief Planner, Planning Division, Planning and Economic Development Department, or their designate or successor. For the purposes of this Protocol, the delegate is the Director of Development Planning, Planning Division, or their successor. All correspondence and materials submitted as part of the City’s Protocol shall be addressed to the attention of the Designated Municipal Official.

2.3 Proposals on City of Hamilton Property

This Protocol does contain guidance with respect to any additional process requirements applicable to proposed installations on property owned by the City of Hamilton. Please refer to the “Procedure for the Installation of Broadcasting Communication Facilities on City of Hamilton Properties”, as amended from time to time.

2.4 Role of Health Canada

The City of Hamilton does not assess any submission for a telecommunication facility or antenna system with respect to health and radiofrequency exposure issues or any other non siting or non design related issues. Any questions or comments the public may wish to make regarding health issues related to cell phones, cell towers and radiofrequency exposure guidelines (Health Canada’s Safety Code) should be directed to Health Canada online at www.canada.ca/en/health-canada.html and to the Proponent’s representative.

3. Definitions

• Antenna - an exterior transmitting device used in telecommunications designed for various uses such as telephonic, radio, or television communications by sending and/or receiving radio signals.
• Co-location - the installation of multiple telecommunication antenna systems on a building or tower structure by two or more Proponents.
• Cultural Heritage Landscape - a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites, or natural elements that are valued together for their interrelationship, meaning or association. (PPS, 2024)
• Innovation, Science and Economic Development Canada (ISEDC) - the Federal Department which is responsible for radio frequency spectrum management. Information detailing federal procedures relating to the siting of radiocommunication and broadcasting antenna systems is available at: www.ic.gc.ca/antenna.
  Proponent - shall include the following: AM, FM, TV Broadcast Undertakings; Cable Television Distribution Undertakings; Radiocommunication Service Providers; and Radiocommunication Users (business or government use only).
• Radiocommunication Service Provider - a person who operates radio apparatus used by that person or another person to provide radiocommunication services for compensation. (Radiocommunication Regulations, 2021)
• Radiocommunication User - a person who operates radio apparatus for personal or government use or for a business other than the business of a Radiocommunication Service Provider. (Radiocommunication Regulations, 2021)
• Sensitive Land Uses - buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to residences, day care centres, and educational and health facilities. (PPS, 2024)
• Significant - in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. (PPS, 2024)
• Telecommunication Facility - the components required for the operation of a wireless communication network, which includes cell sites, transmitters, receivers (antennae), and an unoccupied equipment shelter.
• Telecommunication Tower - a structure used to support one or more antenna systems for the purpose of radio telecommunications, and which may include, but is not limited to, a guyed tower, a self-support tower or monopole tower, and which may be located at ground level or on the roof of a building.

4. Exemptions from Requirement for Municipal Review

4.1 Exemptions Mandated by the ISEDC

Proposed telecommunication towers and antennas which are exempted from the requirement to consult with the City of Hamilton under the provision of Innovation, Science and Economic Development Canada’s CPC-2-0-03 (“Radiocommunication and Broadcasting Antenna Systems”, July 2022) will be exempt from the requirement to submit a Telecommunication Tower and Antenna Review application.

Section 6 of the CPC identifies the proposals which are excluded/exempted from land use authority and public consultation requirements, subject to amendment from time to time.

4.2 Additional Exemptions in the City of Hamilton

In addition to the above exemptions mandated by Innovation, Science and Economic Development Canada, the City of Hamilton will also exempt the following installations from the requirement to submit a Telecommunication Tower and Antenna Review application:

1. Any new telecommunication tower or antenna proposed within the General Business Park (M2) Zone or the General Industrial (M5) Zone, provided that the following criteria are met:
   1. The proposed tower is located the greater of 120 metres or three times the tower height from a road that forms the boundary to an Industrial Area or an Industrial Business Park, as defined by the Urban and Rural Hamilton Official Plans, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater; and,
   2. The proposed tower is located the greater of 120 metres or three times the tower height from a Residential Zone, existing dwelling, or other sensitive land use, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater.

4.3 Request to Notify the City of Hamilton if Exempt

If a new telecommunication tower is exempt from municipal review, the City of Hamilton requests that the Proponent still provide the City with information on their proposed installation for information purposes. This information will be provided to the local Ward Councillor so that they may respond to any questions from constituents, should they arise, and will be provided to the Planning Division for record keeping and internal circulation purposes.

5. Site Selection Guidelines

In determining an appropriate site for a new telecommunication tower or antenna, the Proponent shall adhere to the following principles:

1. Sites should be selected to minimize the total number of telecommunication tower sites required. Locations on existing structures or buildings are strongly encouraged. Co-locations on existing tower sites are encouraged. Opportunities to incorporate an antenna into the design of a new building or structure should be explored by the Proponent. The construction of a new telecommunication tower is discouraged and will be accepted only when all other options to accommodate the telecommunication antenna are not viable.
2. New telecommunication towers are strongly discouraged within 120 metres, or three times the tower height (whichever is greater), of any Residential Zone, existing dwelling, or other sensitive land use, unless required for reasons of engineering or network objectives. If a new tower is proposed to be located within120 metres, or three times the tower height (whichever is greater), of a Residential Zone, existing dwelling, or other sensitive land use, a detailed rationale for the necessity of this location must be provided. (See Section 8.0.2 –Site Selection/Justification Report.)
3. The Proponent shall make every effort to locate new telecommunication towers within lands zoned primarily for Industrial, Commercial, or Utility uses, whenever possible and where technically feasible.
4. When selecting sites for telecommunication towers, the following shall be considered:
   1. Maximizing distance from residential uses, schools, and active park space;
   2. Maximizing distance from properties designated under Parts IV or V of the Ontario Heritage Act;
   3. Maximizing distance from natural features, Environmentally Sensitive Areas, Hazard Lands, and Key Natural Heritage Features and Key Hydrologic Features, as defined by the Urban and Rural Hamilton Official Plans(completion of an Environmental Impact Statement may be required should the telecommunication tower be located on lands within or adjacent to a Key Natural Heritage Feature);
   4. Avoiding sites that would obscure public views, vistas, and significant Cultural Heritage Landscapes; and,
   5. Compatibility with adjacent uses.
5. Proponents shall be encouraged to locate telecommunication towers with a minimum setback to all existing buildings of a distance equivalent to the height of the tower (measured from grade), whenever possible.
6. Any telecommunication facility should be located a minimum distance from any property line equal to the greater of:
   1. the minimum required setback from a property line for a principal building under the applicable Zoning By-law, notwithstanding that telecommunication facilities are generally exempt from zoning;
   2. the height of the telecommunication tower (measured from grade); or,
   3. the existing setback of any existing principal building located on the same lot, in the case of a setback from a street.
7. Any proposed telecommunication facility located within the Development Control Area of the Niagara Escarpment Plan (NEP) shall be in accordance with the current Niagara Escarpment Commission (NEC) Radio and Telecommunications Protocol. Any proposed telecommunication facility that is located within the NEP, but outside of the Development Control Area, shall be in accordance with this Protocol. The City of Hamilton will circulate the NEC on any proposals for new telecommunication facilities that are within the NEP but outside of Development Control, in accordance with Section 7.2 - Telecommunication Tower and Antenna Review Application Process.

6. Design and Landscaping Guidelines

The use of design features, colour, and landscaping can be used to screen telecommunication facilities from view and should be encouraged, whenever possible. The following design guidelines should be taken into consideration when designing a new telecommunication tower or antenna:

1. Lattice style towers shall be prohibited within the City of Hamilton, with the exception of new towers in areas identified in Section 6.0.2 below. Monopole towers are the preferred tower type for any new telecommunication tower in the City.
2. Lattice style towers shall only be permitted in the following Industrial Zones:
   1. General Business Park (M2) Zone
   2. General Industrial (M5) Zone
3. A Monopole design or stealth design technique, as described in Section 6.0.4below, is the preferred option for any new telecommunication tower which must be located within 120 metres, or three times the tower height (whichever is greater), of a Residential Zone, existing dwelling, or other sensitive land use.
4. Where appropriate, stealth design techniques, including but not limited to, camouflaging towers within church steeples, clock towers, or flagpoles, should be used in the design of a new telecommunication tower.
5. Efforts should be made to decrease the size and visibility of telecommunication towers so that they blend in with the surroundings to the greatest extent possible. To reduce the scale and visual impact of towers, mitigation measures should include consideration of design features, structure type, colour, materials, landscaping, screening, and decorative fencing. Neutral colours that blend the structure with its surroundings are encouraged (though it is recognized that new towers must comply with the requirements of Transport Canada and NAV Canada). Where equipment shelters are located on the ground, the visual impact of the built form shall be mitigated through the use of colour, decorative fencing, screening, and/or landscaping.
6. Where appropriate, the planting of trees and shrubs at the tower site is encouraged to enhance the character of the surroundings.
7. Telecommunication towers will only accommodate telecommunication antennas. Only signage directly related to the equipment or required by Innovation, Science and Economic Development Canada shall be permitted on the site. A small plaque must be placed at the base of the structure identifying the owner/operator and contact information. No third party advertising or promotion shall be permitted. All signage shall comply with the City of Hamilton Sign By-law No. 10-197.
8. Lighting of telecommunication antennas and towers is prohibited unless required by Transport Canada. Proof of this requirement shall be provided by the Proponent to the City of Hamilton with the Telecommunication Tower and Antenna Review application.

7. Consultation Processes with the City of Hamilton

While the City of Hamilton recognizes that ISEDC is the final approval authority for telecommunication facilities, it is also recognized that ISEDC directs telecommunication providers to consult with the local municipality prior to erecting any non-exempt telecommunication towers.

All proposals for a new telecommunication tower which are not exempt from the requirement for municipal consultation, as specified in Section 4, are required to submit a Telecommunication Tower and Antenna Review application to the City of Hamilton for review. Applications are to be submitted to the attention of the Director of Development Planning.

7.1 Pre-Application Consultation

Prior to submitting a Telecommunication Tower and Antenna Review application, the Proponent is strongly encouraged to consult with Planning Division staff by contacting [email protected] . The purpose of Pre-Application Consultation may include:

1. Determining if the proposal meets any of the criteria specified in Section 4 for exemption from local municipality consultation;
2. Determining if the proposal will require public consultation, as per Section 9.0;
3. Providing an opportunity for discussion of site selection and design guidelines to ensure that all siting options are considered prior to a Telecommunication Tower and Antenna Review application being submitted;
4. Identifying any preliminary concerns or constraints on potential telecommunication tower sites; and,
5. Reviewing submission requirements for the Telecommunication Tower and Antenna Review application and identify any additional studies that may be required to be submitted with the application (for example, an archaeological assessment or an Environmental Impact Statement).

7.2 Telecommunication Tower and Antenna Review Application Process

Upon submission of a completed Telecommunication Tower and Antenna Review application and fee, the following process shall be undertaken:

1. City of Hamilton Planning staff shall circulate the application to the Ward Councillor, and relevant departments/agencies for information and comment. The City’s Geomatics and Corridor Management Section shall be copied on the circulation letter for information purposes only.
2. All comments received as a result of the internal circulation of the Telecommunication Tower and Antenna Review application shall be provided to the Proponent.
3. The Proponent is responsible for providing the required public notification and following the public consultation process, as outlined in Section 9.2.
4. The Proponent shall respond to the comments received, make the required modifications to the plans, and submit revised plans and drawings, where required.
5. The City of Hamilton shall provide a formal letter to Innovation, Science and Economic Development Canada and the Proponent with comments on the proposed tower, indicating concurrence or non-concurrence with the proposal, as outlined in Section 10.
6. The entire process shall take no more than 120 days to complete, as outlined in Innovation, Science and Economic Development Canada’s publication CPC-2-0-03 (“Radiocommunication and Broadcasting Antenna Systems”, July 2022).

8. Submission Requirements

The following information shall be submitted with the Telecommunication Tower and Antenna Review application:

1. Telecommunication Tower and Antenna Review Application Form and Fee ;
2. Site Selection/Justification Report - this Report shall outline the steps taken by the Proponent to investigate all non-tower and co-location options, and why anew tower option is the preferred alternative. The Report shall identify the location of all existing telecommunication towers within the Proponent’s search area and identify the reasons why these towers are not suitable for co-location. The location of these towers shall be illustrated on a map to be included in the Report. In addition, the Report shall also identify any alternate sites for the location of the new tower that were investigated by the Proponent, and the rationale for eliminating these sites as the preferred alternative. The Report shall confirm the need for a new tower at the proposed location and will also confirm the need for the proposed height of the tower. Future sharing possibilities with other providers shall also be reviewed. Finally, the Report shall outline the design elements proposed in order to minimize the visual impact of the proposed structure, and address any lighting requirements that may be required by Transport Canada;
3. Site Plan with Key Map - the Site Plan shall be for the entire property, and not only the leased portion, showing the relationship between the proposed telecommunication facility and existing features on the property such as buildings, parking, pedestrian and vehicular movement, natural features, site grading, property lines, fencing, and landscaping;
4. Elevation Drawings;
5. A map indicating the horizontal distance between the proposed tower installation and the nearest residentially zoned property, dwelling, and/or sensitive land use;
6. A colour photograph of the subject property with a superimposed image of the proposed tower; and,
7. Any other information or studies identified through Pre-Application Consultation(see Section 7.1).

9. Public Consultation

9.1 Exclusions from Requirement for Public Consultation

Where a proposed telecommunication tower is located a minimum distance of 120 metres, or three times the tower height (whichever is greater) from a Residential Zone, existing dwelling, or other sensitive land use, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater, no public consultation is required. In addition, all telecommunication towers that are exempt from the requirement for municipal review, as per Section 4, are also exempt from the requirement for public consultation.

9.2 Public Consultation Requirements of the ISEDC

The Proponent shall carry out public consultation in accordance with the requirements of the CPC-2-0-03. The City of Hamilton has identified additional public notification requirements in Section 9.3 below. In the case of any conflict between an additional requirement in the City of Hamilton and any requirement in the CPC-2-0-03, the prevailing requirement shall be the requirement resulting in the greater number of recipients of a public notification, greater level of information or detail provided in a public notification, and/or greater length of time provided for any response to comments.

9.3 Additional Public Consultation Requirements in the City of Hamilton

Subject to the public consultation requirements in accordance with Section 9.2, the following additional requirements shall apply:

1. For all applications that require public consultation, the Proponent will be required to send notification of the proposal by regular mail to all property owners within a radius of the greater of 120 metres or three times the tower height, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater. The Proponent shall provide the Planning Division with the list of recipients of the public notification for record keeping purposes.

2. The notification shall include the following information in plain language:

   1. The address of the proposed tower site;
   2. A Location Map identifying the site of the proposed tower;
   3. A plan indicating the proposed location of the tower on the subject site;
   4. Physical details of the tower including height, colour, type, and design;
   5. Colour photograph of the property with a picture of the tower superimposed;
   6. The last day of the 30 day comment period; and,
   7. Contact information (name, telephone number and email address) for both the Proponent and the City of Hamilton.

   The City of Hamilton (Planning staff and the Ward Councillor) must be provided with a complete notification package.

3. The public shall have a minimum 30 day comment period to provide comments inwriting to the Proponent.
4. The Proponent shall provide a copy of all written comments received from the public to the City of Hamilton.
5. Upon receiving comments from the public, the Proponent shall respond, inwriting, to all reasonable and relevant concerns, or explain why the question, comment, or concern is not, in the view of the Proponent, reasonable or relevant. The Proponent shall copy the City of Hamilton (Planning staff and the Ward Councillor) on all responses provided.
6. If any modifications to the proposal are agreed upon as a result of the public comments, revised drawings and plans must be submitted to the City of Hamilton.

10. Concluding Consultation

1. The City of Hamilton’s response to the Proponent and Innovation, Science and Economic Development Canada will take into consideration all division and agency responses from the Telecommunication Tower and Antenna Review and from the public consultation.
2. The designated Municipal Official shall provide the Proponent and Innovation, Science and Economic Development Canada with a letter stating whether the local land use consultation process has been completed in accordance with the City’s Protocol, and will include recommendations regarding the proposal as follows:
   1. Concurrence, if the proposal conforms with the City’s requirements, as set out within this Protocol, and will include conditions of concurrence, if required; or,
   2. Non-concurrence, if the proposal does not conform with the City’s requirements, as set out in this Protocol.
3. The City will provide a copy of this letter to all interested parties and the Ward Councillor.

Procedure for the Installation of Broadcasting Communication Facilities on City of Hamilton Properties

1. That all requests for permission by a telecommunications company to locate its electronic wireless broadcast, receiving equipment and accessory structure on City property, shall be submitted to the Corporate Buildings and Real Estate Division of the Community Services Department. A generalized description and site location of the proponent’s plans will be submitted at this stage. Note: The City will not accept requests for the installation of telecommunication facilities on its Tunbridge Pumping Station.
2. The Corporate Buildings and Real Estate Division will circulate the proposal to the City Councillor for the Ward in question for information, the department under whose jurisdiction the site falls under (the “Host” department), along with the System Administrator of Trunking Radio, the Fire and Emergency Services Department, the Police Department and the Planning and Building Departments for comments.
3. If the proposed installation is acceptable in principle to the ‘Host’ department and System Administrator of Trunking Radio, Corporate Buildings and Real Estate will contact the proponent to request detailed plans and specifications of the proposal for review. These detailed plans once received will be forwarded to the ‘Host’ department with copies also to be submitted to the System Administrator, Trunking Radio. The ‘Host’ department’s staff or its consultants will subsequently undertake a technical review to determine the acceptability of the proposal. Additional information and more detailed documentation may be requested to complete the technical review. The ‘Host’ department would communicate to the proponent any required adjustments to its proposed installation to meet City requirements and conditions. (Conditions would include reserving space that may be required in the future by the City on the given structure for its own communications equipment, annual inspections, and the requirement for the proponent to provide a survey of the subject location, if it is to be a free-standing tower).
4. Once the technical review is complete, the results including the plans and specifications, as amended, would be reported to Corporate Buildings and Real Estate by the ‘Host’ department. Upon receipt of the departmental acceptance, Corporate Buildings and Real Estate will prepare a report to obtain approval of a Licence Agreement. Once approval is received, Real Estate in conjunction with Legal Services will then prepare the Licence Agreement to be forwarded to the proponent for their review and execution. The Licence Agreement to include all specific conditions set out by the ’Host’ department, an annual fee to be based on a value established by Real Estate and a one-time administration fee of $750.00 (the annual fee and administrative fee to be credited to the “Host” department).
5. Once the executed Licence Agreement is returned, the ‘Host’ department will co-ordinate with the proponent the supervision of the equipment installation.