Patrice Gladu

In an administrative law appeal concerning federal telecommunications regulation, the Court interpreted the term “transmission line” in ss. 43 and 44 of the Telecommunications Act and the scope of the CRTC’s access-regime jurisdiction over public property.

The majority held that “transmission line” refers to wireline infrastructure and does not include 5G small cell antennas, so the CRTC cannot adjudicate access disputes for antenna siting under that regime.

The Court emphasized text, context, legislative history, and statutory purpose, including Parliament’s allocation of antenna site-approval powers under the Radiocommunication Act.

A two-judge dissent would have interpreted the term to include 5G small cells based on ordinary meaning, statutory coherence, and technological neutrality.

The appeal was dismissed with costs to specified respondents.

This appeal considered whether a municipal notice of reserve that blocked construction at a federally approved antenna site was constitutionally valid.

The majority held the notice’s pith and substance was the siting of radiocommunication infrastructure, an exclusive federal matter, making it ultra vires.

The Court also held the measure significantly impaired the federal core protected by interjurisdictional immunity.

The appeal was allowed and the notice was unconstitutional and inapplicable to the appellant.