The Quebec Court Of Appeal Recognizes Certain Powers Of Municipalities With Respect To The Location Of Radiocommunications Towers

On May 30, 2014, the Quebec Court of Appeal rendered judgment regarding several appeals from a decision made by the Superior Court on 2 July 2013. In doing so, the Court of Appeal found that the municipality of Châteauguay was acting within its powers when it issued a notice of land reserve that in effect prevented Rogers from installing a radiocommunications tower at a particular address for which Industry Canada had granted authorization, where that authorization also permitted construction at an alternative site.

Facts

Rogers Communications Inc. ("Rogers") is a Canadian corporation that controls and manages a wireless communications network. In Autumn of 2007, Rogers undertook a survey of the Châteauguay area with an view to finding propitious locations for the installation of a new wireless communications tower, in order to fill existing gaps in its network coverage. In December 2007, Rogers negotiated a lease with the owner of 411 St-Francis for the installation of a tower.

In March 2008, Rogers advised Châteauguay of its intention to install a new tower at 411 St-Francis, a process that requires a 120-day public consultation as specified in the Industry Canada circular. Rogers also published a notice in a local newspaper and sent a letter to each resident and property owner within a designated area surrounding the proposed tower.

On April 28 2008, Châteauguay informed Rogers that it opposed the project, giving as reason the lack of conformity to applicable zoning regulations, the unappealing aesthetic of such installations, and fears for the safety and health of nearby residents. Châteauguay proposed that Rogers add a new tower at an existing installation or augment one of its existing towers with a stronger signal, or build its new tower at another location, 50 Industriel. Rogers responded on 28 August 2008, arguing that the existing sites were inadequate and that 50 Industriel was unavailable. Rogers assured Châteauguay that the tower would comply with Health Canada's edict on exposure limits to radiofrequency electromagnetic energy, Safety Code 6.1 Châteauguay, despite reiterating its disagreement with Rogers, delivered a permit for construction at 411 St-Francis in February 2009.

Following a petition by Châteauguay's citizens, further consultation and various discussions took place in September of 2009, following which Industry Canada advised Châteauguay and Rogers that the public consultation had been completed to its satisfaction and that the project would have no negative impact on the environment. Industry Canada also advised, however, that it would prefer Châteauguay and Rogers to agree on a site, and would not render a final decision on the dossier until Châteauguay had had an opportunity to find an alternative site.

Rogers and Châteauguay attempted to find an alternative site and eventually settled on 50...