In a closely watched ruling by Quebec municipalities that pitted a Montreal suburb against a Canadian telecommunications giant in a constitutional debate over whether a city can prevent a federal enterprise from building a communications tower, the Quebec Court of Appeal held that municipalities cannot prevent the installation of new cell towers but can have a say over its location within its city limits.
In a unanimous ruling that highlights the “significant challenges that can sometimes occur with the installation of communications towers in urban settings,” the Quebec Court of Appeal held that the Montreal bedroom community was not overstepping its bounds nor was it meddling in federal matters when it proposed an alternate site in an industrial sector for the future cell phone tower.
“The ruling is important for municipalities because it holds that they can play an active role to help telecommunication companies install communication towers in their territory while respecting the fundamental objective of a municipality to ensure the harmonious development and the well-being of its citizens,” observed Patrice Gladu, a Montreal lawyer with Dunton Rainville who successfully plead the case.