December 9, 1999
To: Policy and Finance Committee
From: City Clerk
Subject: LICENSE AGREEMENT - MICROCELL CONNEXIONS INC. AND
CLEARNET PCS INC. - TELECOMMUNICATIONS EQUIPMENT -
LESLIE STREET WATER TOWER - (DON PARKWAY - WARD 11).
Recommendation:
The Telecommunications Steering Committee on December 9, 1999, recommended to the Policy and Finance
Committee, and Council, the adoption of Recommendation No. (a) (2) of the North York Community Council
embodied in the communication (October 19, 1999) from the City Clerk, viz.:
"(2) that the licensing contract with Microcell Connexions Inc. and Clearnet PCS Inc. regarding their installations
on the Leslie Street Water Tower be terminated as soon as legally possible;".
The Telecommunications Steering Committee reports for the information of the Policy and Finance Committee, and
Council, having:
(a) requested the City Solicitor to submit a report to the Policy and Finance Committee, and Council, in January 2000,
providing clarification of the words "as soon as legally possible";
(b) concurred with the report (December 6, 1999) from the Acting Commissioner of Urban Planning and Development
Services, subject to amending Recommendation No. (1) by including therein the following:
"that staff establish terms of reference for an industry stakeholder advisory committee that will advise City staff on the
financial implications of the City's protocol";
so that the amended recommendations shall read as follows:
"(1) Urban Planning and Development Services, in consultation with appropriate representatives from City departments,
Federal government, industry and the community prepare a city-wide planning strategy for siting of wireless
telecommunications antennae including considerations of prudent avoidance, a planning protocol and implementation
details as described in this report; that staff establish terms of reference for an industry stakeholder advisory committee that
will advise City staff on the financial implications of the City's protocol; and report back to the Telecommunications
Steering Committee by May 2000;
(2) the Medical Officer of Health in consultation with the Commissioner of Urban Planning and Development Services
design a study as described in this report to measure actual radio-frequency levels in selected areas in the City and report
back to the Telecommunications Steering Committee on financial considerations if any; and
(3) the appropriate City Officials be authorised and directed to take the necessary action to give effect thereto."; and
(c) tabled the following motions until such time as the public consultation process outlined in Recommendation No. (1)
embodied in the report (December 6, 1999) from the Acting Commissioner of Urban Planning and Development Services,
as amended by the Telecommunications Steering Committee is considered:
Moved by Councillor Moscoe that:
"(1) all future agreements regarding installations on City property contain provisions to secure the removal at the discretion
of the City with appropriate notice provisions;
(2) the Telecommunications Steering Committee recommend to the Policy and Finance Committee, and Council, the
adoption of the recommendations of the Board of Health respecting the adoption of a Prudent Avoidance Policy for the
siting of wireless cellular telephone transmission towers and the health effects related thereto embodied in the
communication (December 6, 1999) from the City Clerk;
(3) the Acting Commissioner of Urban Planning and Development Services be requested to continue to pursue the
development of a protocol that would guide these types of installations and, in so doing, provide maps:
(i) of the City properties;
(ii) of the City properties with radio frequency transmission bay stations; and
(iii) of the radio frequency transmission bay stations in relation to the intensity of the installation with respect to the
Prudent Avoidance Policy;
(4) City installations that do not meet the protocol be reported to the Telecommunications Steering Committee;
(5) in compliance with the Prudent Avoidance Policy the City aim for the removal of all non-compliant installations from
the following areas:
(i) firstly from residential buildings or areas, schools and hospitals; and
(ii) other areas;
(6) in future installations there be no residential, day care or hospital locations that do not meet the Prudent Avoidance
Policy of the City
(7) prior to any installation the City require a certificate determining compliance with the City'' Prudent Avoidance Policy;
(8) the City require a full evaluation of any application prior to consideration;
(9) the Medical Officer of Health be requested to report to the Telecommunications Steering Committee on the possibility
of establishing a Prudent Avoidance Policy for other types of radio frequency transmission bay stations."
Moved by Councillor Fotinos:
"That the Chief Administrative Officer canvass all City Departments and ABC's to determine how many other private
sector telecommunications installations are located on City-owned properties in proximity to residential areas similar to the
Leslie Street Water Tower location."
Moved by Councillor Moscoe, on behalf of Councillor Minnan-Wong:
"That a policy be established for any new applications or installations on City owned property that would provide for notice
to be given to the residents in the area similar to the process for Committee of Adjustment applications and that a
community meeting be held if there are objections."
Moved by Councillor Adams:
"That the Acting Commissioner of Urban Planning and Development Services and the Medical Officer of Health, in
coordination with other appropriate City staff and Industry Canada, review the recommendations approved by the
Telecommunications Steering Committee and report back to the Telecommunications Steering Committee on the
feasibility, timelines and potential resource requirements necessary to give effect thereto."
Background:
The Telecommunications Steering Committee on December 9, 1999, had before it the following communications and
reports:
(i) (October 19, 1999) from the City Clerk advising that the North York Community Council on October 12, 1999:
(a) referred the following recommendations to the Telecommunications Steering Committee for consideration and report
thereon to the Policy and Finance Committee and Council:
(1) that the following report (September 23, 1999) from the Commissioner of Economic Development, Culture and
Tourism, not be adopted;
(2) that the licensing contract with Microcell Connexions Inc. and Clearnet PCS Inc. regarding their installations on the
Leslie Street Water Tower be terminated as soon as legally possible;
(3) that given the contradictory and inconsistent data related to cellular transmissions, the City place a moratorium on
entering into leases involving cellular transmission equipment until the Telecommunications Steering Committee and
Board of Health have had an opportunity to report back to Council;
(4) that cell transmission policy issues be referred to the Telecommunications Steering Committee and the Board of Health;
and
(5) the Telecommunications Steering Committee be requested to develop a protocol for such telecommunication
installations and make recommendations to the Planning and Transportation Committee; and
(b) requested the Commissioner of Economic Development, Culture and Tourism, to provide North York Community
Council with a map identifying all locations having telecommunication and broadcasting antennae in the North York area.
(ii) (November 26, 1999) from the Manager, Leasing and Site Management, submitting maps requested by the
Telecommunications Steering Committee on October 25, 1999, respecting the number of telecommunications towers that
are located on public lands leased from the City of Toronto; and advising that the locations of towers on private lands are
too numerous and unknown to be included at this time;
(iii) (December 8, 1999) from Mr. Jeffery S. Lyons, Morrison, Brown, Sosnovitch, on behalf of Clearnet PCS Inc.,
requesting that this matter be held in abeyance pending receipt of the reports requested by the Board of Health on
December 6, 1999, with respect to the wireless telephone transmission issues;
(iv) (December 8, 1999) from Mr. Jamie Besner, Senior Consultant, Urban Intelligence Inc., on behalf of Rogers Cantel,
requesting that this matter be deferred until all of the reports previously requested by the Telecommunications Steering
Committee have been submitted;
(v) (November 5, 1999) addressed to the Board of Health from the Medical Officer of Health recommending that:
(1) the Board of Health endorse the adoption of a Prudent Avoidance Policy in the siting of base cellular telephone
antennas in the City of Toronto;
(2) the Board of Health forward this report to the Telecommunications Steering Committee for their information and any
public consultation they deem appropriate;
(3) the Board of Health request the Telecommunications Steering Committee to incorporate a Prudent Avoidance Policy in
a protocol for the siting of base cellular telephone antennas in the City of Toronto which includes the following:
(a) applicants who wish to install new antennas or modified antennas must demonstrate that radio frequency (RF)
exposures in those areas namely used by people other than telecommunications workers (e.g., roof-top gardens, balconies,
or grounds) will be at least 100 times lower than those currently recommended by Safety Code 6;
(b) in situations where residents express concern over an existing base cellular telephone antenna, the owner and /or
operator of the facility be requested to monitor levels of radio frequency (RF) fields around the antenna and provide this
information to the affected community and the Telecommunications Steering Committee; and
(c) a mechanism for notifying residents of a proposed site for new telephone base antennas should be developed, which
includes the advantages of using the proposed site, alternative sites considered, and the maximum expected exposure to RF
due to installation in areas that the public or building occupants would normally use;
(4) City Council request the federal Minister of Industry to ensure adherence to the City of Toronto's Prudent Avoidance
Policy when granting approval for the siting of base cellular telephone antennas in the City of Toronto; and
(5) the Medical Officer of Health forward this report for information purposes to the Federal Minister of Health, all other
Boards of Health in Ontario, and to the Toronto District School Board and the Toronto Catholic District School Board;
(vi) (November 12, 1999) from Mr. Roger Poirier, President and Chief Executive Officer, Canadian Wireless and
Telecommunications Association, advising that the wireless telecommunications industry has serious concerns regarding
the report from the Medical Officer of Health and the possibly serious repercussions not only for the industry, but for all
radio installations in the Toronto area;
(vii) (November 15, 1999) from the City Clerk advising that the Board of Health on November 15, 1999:
(1) deferred consideration of the aforementioned report until its next meeting scheduled to be held on December 6, 1999;
(2) requested the Medical Officer of Health, in consultation with the City Solicitor, to include in such report whether there
is any legislative authority with respect to zoning to strengthen the recommendations; and
(3) requested the Medical Officer of Health to submit a further report to such meeting providing a summary of the
information on which the following statement in the technical report under the section headed AExposure Potential@ was
based:
ATwo groups of people are at higher risk of exposure to RF from cellular telephones: workers near or around transmitting
devices, and users of the phones.@;
(vii) (October 27, 1999) from Mr. Mark Maitman forwarding a copy of an article (November 1998) by Marjean Curtis
entitled "Low Frequency, High Tension";
(viii) (November 6, 1999) from Mr. Mark Maitman forwarding a copy of an article by Beezy Marsh which appeared in the
U.K. Daily Mail on November 6, 1999 entitled "Mobile Phone Brain Fears";
(ix) (November 25, 1999) from Mr. Mark Maitman, Citizens for a Healthy Future expressing support of the
recommendations embodied in the foregoing report (November 5, 1999) from the Medical Officer of Health;
(x) (December 6, 1999) from the Acting Commissioner of Urban Planning and Development Services recommending that:
(1) Urban Planning and Development Services, in consultation with appropriate representatives from City departments,
Federal government, industry and the community prepare a city-wide planning strategy for siting of wireless
telecommunications antennae including considerations of prudent avoidance, a planning protocol and implementation
details as described in this report, and report back to the Telecommunications Steering Committee by May 2000;
(2) the Medical Officer of Health in consultation with the Commissioner of Urban Planning and Development Services
design a study as described in this report to measure actual radio-frequency levels in selected areas in the City and report
back to the Telecommunications Steering Committee on financial considerations if any; and
(3) the appropriate City Officials be authorised and directed to take the necessary action to give effect thereto;
(xi) (December 3, 1999) forwarded by Councillor John Adams from John Court attaching an article contained in the
November 30, 1999 issue of the PC Computing Magazine regarding the mounting scientific evidence that using a mobile
phone is risky;
(xii) (December 7, 1999) forwarded by Councillor John Adams from Mark Maitman, Breakthrough Associates, attaching a
copy of an article which appeared in the Sunday Times of Scotland on December 5, 1999 entitled "Mobile phone
companies face crackdown on masts";
(xiii) (December 6, 1999) from the City Clerk advising that the Board of Health on December 6, 1999:
(1) adopted the report dated November 5, 1999, from the Medical Officer of Health respecting "Health Effects of Wireless
Telephone Transmission Towers" subject to amending Recommendation No. (2) to read as follows:
"(2) the Board of Health forward this report to the Telecommunications Steering Committee for its information and to
undertake a public consultation process with respect to the Prudent Avoidance Policy";
(2) adopted the report dated November 29, 1999, from the Medical Officer of Health respecting "Health Effects of
Wireless Telephone Transmission Towers - Update"; and
(3) further recommended that the Telecommunications Steering Committee host a session in its public consultation process
on the risk management approaches that could be used to deal with the potential health effects of radio frequency
exposures from cellular antennas;
(xiv) (December 8, 1999) from Cindy Harrison, on behalf of Councillor Joan King, suggesting that before public
consultation is sought, information should be requested on the impact of the Prudent Avoidance Policy;
(xv) (December 8, 1999) from Councillor John Adams addressed to Cindy Harrison, Executive Assistant to Councillor
Joan King, expressing agreement with the suggestion for a wider consultation process suggested by Councillor King; and
(xvi) (December 9, 1999) from Councillor Joan King, Seneca Heights, recommending that Industry Canada review all
installations in a given area to determine if they would conform to the Prudent Avoidance Policy and that this be carried
out before any public consultation is sought on this matter.
Ms. Ann-Marie Nasr, Manager of Policy and Programs, Urban Planning and Development Services Department, gave an
overhead presentation to the Telecommunications Steering Committee in connection with the foregoing matter.
Dr. Sheela Basrur, Medical Officer of Health, also gave a presentation to the Telecommunications Steering Committee in
connection with the Prudent Avoidance Policy recommended by the Board of Health for the siting of base cellular
telephone antennas in the City of Toronto.
The following persons appeared before the Telecommunications Steering Committee in connection with the foregoing
matter:
- Ms. Dale Sutton;
- Mr. Mitch St. Jacques, Industry Canada, and filed a copy of his written submission;
- Mr. Mark Maitman, Citizens for a Healthy Future; and
- Councillor Denzil Minnan-Wong, Don Parkway.
(Attached hereto is a copy of the communication (October 19, 1999) from the North York Community Council and the
various staff reports submitted from the Acting Commissioner of Urban Planning and Development Services and the
Medical Officer of Health. All other communications referred to above were distributed with the Telecommunications
Steering Committee agenda of December 9, 1999, and are on file in the Office of the City Clerk.)
City Clerk
Candy Davidovts\cd
Item Nos. 1 and 2
Attachments
Sent to: Policy and Finance Committee
City Solicitor
c. Commissioner of Economic Development, Culture and Tourism
Acting Commissioner of Urban Planning and Development Services
Medical Officer of Health
Ms. Dale Sutton
Mr. Mitch St. Jacques, Industry Canada
Mr. Mark Maitman
Councillor Denzil Minnan-Wong, Don Parkway
Councillor Gordon Chong, Don Parkway
Councillor Joan King, Seneca Heights
Mr. Jeffery S. Lyons, Morrison, Brown, Sosnovitch
Mr. Jamie Besner, Senior Consultant, Urban Intelligence Inc.
Mr. Roger Poirier, President and CEO,
Canadian Wireless Telecommunications Association
Administrator, North York Community Council
Administrator, Board of Health
_________
October 19, 1999
To: Telecommunications Steering Committee
From: City Clerk
Re: Licence Agreement - Microcell Connexions Inc. and Clearnet PCS Inc. - Telecommunication Equipment - Leslie
Street Water Tower - Don Parkway.
Recommendation:
The North York Community Council on October 12, 1999:
(a) referred the following recommendations to the Telecommunications Steering Committee for consideration and
report thereon to the Policy and Finance Committee and Council:
(1) that the following report (September 23, 1999) from the Commissioner of Economic Development, Culture and
Tourism, not be adopted;
(2) that the licensing contract with Microcell Connexions Inc. and Clearnet PCS Inc. regarding their installations
on the Leslie Street Water Tower be terminated as soon as legally possible;
(3) that given the contradictory and inconsistent data related to cellular transmissions, the City place a moratorium
on entering into leases involving cellular transmission equipment until the Telecommunications Steering Committee
and Board of Health have had an opportunity to report back to Council;
(4) that cell transmission policy issues be referred to the Telecommunications Steering Committee and the Board of
Health; and
(5) the Telecommunications Steering Committee be requested to develop a protocol for such telecommunication
installations and make recommendations to the Planning and Transportation Committee; and
(b) requested the Commissioner of Economic Development, Culture and Tourism, to provide North York
Community Council with a map identifying all locations having telecommunication and broadcasting antennae in
the North York area.
Background:
The North York Community Council had before it the following communications
(i) (October 6, 1999) from Mr. Mark Maitman, requesting the opportunity to speak on this matter;
(ii) (October 4, 1999) from the Citizens for a Healthy Future, a group of concerned residents in Don Parkway and North
York Centre South, forwarding its submission for consideration at the October 12, 1999 meeting; and
(iii) (September 23, 1999) from Imagineering Limited on behalf of Clearnet PCS Inc., forwarding a report headed AReport
on Safety Code 6 Compliance Survey at Leslie/Talwood Water Tower@.
The following persons appeared before the North York Community Council in connection with the foregoing matter:
- Mr. James Kennedy, Clearnet PCS Inc.;
- Mr. Florin Buciu;
- Mr. Mark Maitman; and
- Mr. Bill Roeoch, Microcell Connexions Inc.
City Clerk
North York Community Council
Attachment
Francine Adamo/cp
Agenda Item No. 21
c.: Commissioner of Economic Development, Culture and Tourism
