Highspeed, broadband internet is a necessity for residents in the rural areas of Burlington. The pandemic has many residents working from home and staying in more and has highlighted the need for improved services.
These improvements for internet access for Burlington residents are being worked on independently by Bell Canada and IAS in specific areas. They are each required to get permits from Niagara Escarpment Commission, Conservation Halton, Halton Region and the City of Burlington. The City of Burlington issues Municipal Consent, Road Occupancy and Load Exemption permits.
Bell Canada and Internet Access Solutions (IAS) are each working independently in specific areas to complete Rural Internet Installation projects.
Mayor Meed Ward and Ward 6 Councillor Angelo Bentivegna invites all interested residents to join the live update meetings to provide further details and answer any questions arising throughout the project. Meetings will be held virtually on the following dates:
Please use the below details to join:
Zoom Meeting: https://us02web.zoom.us/j/83712243708?pwd=OXV0N3ZmRS83UExqKzZ5KzYxa3BKdz09
Meeting ID: 837 1224 3708
Passcode: sn9880
Thank you to everyone who participated in the virtual information session on Jan. 25, 2022. The session recording and answers to the Q&A and pre-submitted questions will be posted in the coming days.
Anyone wanting a copy of the presentation or to ask any follow-up questions can email mayor@burlington.ca.
1) From a project management plan perspective, what are the milestones and timelines that can be shared with us as residents, including mitigation strategies to address potential delays? |
A) The Niagara Escarpment Development Permit Application process, including milestones and timelines, is as follows:
A “Notice of Decision” is mailed to Applicant/Owner, adjacent landowners (within 120 metres), interested parties and circulated agencies. If the decision is not appealed, the decision is confirmed. If a decision is appealed, a hearing is scheduled by the Ontario Land Tribunal. The Niagara Escarpment Planning and Development Act subsection 24(3) prohibits the issuance of any other permission or approval under any other Act or by-law until a development permit has been issued by the NEC (unless exempt). B) Once the NEC Permit has been issued, the Conservation Halton (CH) permit will be issued, subject to receipt of a complete application. C) Once the City receives the NEC permit, CH permit, any Workplace Safety Insurance Board (WSIB) or insurance forms that have expired, all applicable fees and a construction schedule from the IAS, the City’s MC can be issued along with the Road Occupancy and Load Exemption Permits. This would generally take approximately five days to complete but will be dependent on how quickly IAS signs and returns the permit back to the City. |
2) What is the status of each of the permits required for this work to proceed? |
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3) Proponents of ANY development project in our municipality face a confusing and ever-shifting planning process involving multiple agencies and levels of government approvals. Please map out exactly where the IAS project is in this process and what remains before them as far as the approval process. |
Refer to Question 1. |
4) Why does public infrastructure need a development permit for work on an open road allowance? Traditionally public services have not required development permits for this kind of work. What has changed? The Region and local municipalities are capable of managing work on the road allowance, so what is the value the NEC is adding to process? |
The purpose of the Niagara Escarpment Plan is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure that only such development occurs as is compatible with that natural environment. As a provincial land use plan, protection of the Niagara Escarpment is a provincial priority, and all development with the potential to negatively impact the Escarpment must be reviewed by the NEC, an agency of the provincial government. Although some development does not require a development permit from the NEC, there is no exemption for new infrastructure in this area and therefore a Development Permit is required. |
5) As residents, it was our understanding that the installation process would begin in November. With the COVID protocol that residents have been advised to work from home whenever possible, the unreliability of our internet service makes this a difficult task. When can we expect to see progress? |
The amount of time it takes to process this application will depend on how quickly the applicant provides the additional information that was requested in November 2021, and how quickly the NEC’s partner agencies, specifically Halton Region and Conservation Halton can review the information and confirm they are satisfied. Given these external factors, it is not possible for agencies to provide a timeframe. However, all agencies recognize the importance of the project given the number of people affected, and it is a high priority to move forward as quickly as possible. For additional details on the current permit status refer to Question 1. |
6) What is the communication strategy between the various organizations to ensure that this project is kept on track? |
When the project got underway in 2021, there was an effort for the agencies to communicate with each other and coordinate the review. The agencies have been keeping each other in the loop for the various processes and have been working together with IASL’s consultant to coordinate approvals. There is an opportunity going forward for all agencies including the City to meet weekly with IAS to ensure they are aware of outstanding requirements and to share timing expectations to ensure they are aligning to keep the project on track. |
7) What can you do to mitigate the ridiculous and onerous requirement for an arborist on site for the project? Why is it the responsibility of a private business to inventory City trees? What legislation gives the NEC oversight on road rights-of-way, be they regional or municipal? |
When undertaking work within the municipal right of way, individuals and contractors must do their due diligence to protect municipal assets, including trees. The completion of an arborist report and preservation plan is a proactive measure which details how work is to be conducted so as to not cause unnecessary injuries or destruction of the City's green infrastructure. Given the scope and scale of the work, the City negotiated with the applicant to have an arborist on site to support the works around trees in lieu of this document package submission ahead of time. Any on-site changes can be done immediately with the arborist without having to stop work to discuss with others not on site. City staff cannot comment on the Niagara Escarpment Commission legislative authority. Questions concerning the commissions authority and requirements under their Act are best directed to the NEC for a response. |
8) Why does the proponent need to document the public asset of trees in the right of way via a full-time arborist? Why is this asset not catalogued by the City? |
Although the City trees are catalogued, as per the City’s Public Tree bylaw an arborist and tree preservation plan is required by a certified arborist for the trees impacted by construction. In this particular instance, due to the scale and timelines provided, the City worked with the applicant to provide an alternative option for review for this file, which was to have a full-time arborist on site during constructions works in the absence of an arborist report and tree preservation. The applicant chose this option. The project arborist assigned is meant to support the contractor with any construction related impacts to trees. |
9) What lessons has the City learned from this process? Who will ultimately be held responsible for the failure of this project? |
This project has highlighted the need to make more information readily available online specifically for new service providers looking to expand into the City of Burlington. We feel by creating an online platform, future applicants can be better prepared and aware of the approval requirement and timelines prior to entering into a Municipal Access Agreement and then submitting for an MC permit. |
10) I would like to ask who the provider of this service is? |
The service provider is Standard Broadband. |
11) What type of internet would we get Fibe or what else would we get? |
Standard Broadband will be providing their own proprietary version of fibre internet. Specific details can be found at StandardBroadband.ca. |
12) Why is it that Britannia Road in between Guelph Line and Walkers Line were completely left out, what is this the case can someone check with Bell Canada if these homes in this area can also be added. |
The City of Burlington is fully supportive of utility companies that plan to install high-speed internet in underserviced areas of north Burlington. While the City may encourage communications utilities to provide coverage for all areas, it is ultimately the decision of the independent utility companies which areas they wish to provide coverage. Requests from residents to obtain high-speed are best directed to the independent communication utility companies such as Standard Broadband, Bell, Cogeco. |
13) It is my understanding that Council (in an emergency meeting precipitated by a 60-day Engineering delay) approved the IAS Municipal Agreement in August 2021. According to your website information, this leaves only Road Occupancy and Load Exemption Permits for the City to issue. Under which of those permits did the City require IAS to employ a full-time Arborist? |
There are two separate processes undertaken when a new utility provider wishes to install infrastructure in the City’s right of way for the first time.
A Special Council meeting was held in August 2021 to give permission to staff to enter into a Municipal Access Agreement with IAS. In anticipation of council’s approval, staff began reviewing drawings submitted by IAS for a MC permit. Both a fully executed MAA and MC are required before construction can commence. A 60-day Engineering delay is not an accurate statement. Engineering staff circulated 219 drawings to various internal stakeholders and completed their review within 27 days. It took IAS 54 days to address missing information on the initial set of drawings and decide on either Option 1,complete an arborist report and tree preservation plan or Option 2, retain the services of a certified arborist to oversee construction activity as an alternative. IAS chose Option 2. This is a requirement tied to the Public Tree Bylaw. |
14) Is there a City “Point Person” who has partnered with IAS to guide them through the miasma of multi-tiered planning (i.e. cut the red tape)? How specifically has this person streamlined project approvals for IAS? How specifically will they continue to streamline the process? |
City Engineering staff remain the first point of contact for the MC permit requirements and have been working with Tom of IASL and Frank (Roehampton Cable) since May 2021. They have been coordinating with internal staff and with Frank on the best ways to streamline process requirements. Larissa Howe, Manager of Customer Experience, Business Development became involved in October 2021 when IAS was approaching a deadline and in need of assistance to meet their timelines. Larissa has assisted Tom with connecting him to internal staff who are working with his contractor Frank on fulfilling requirements. Weekly meetings were set up with Larissa, Tom and Engineering staff to discuss outstanding City requirements, ask questions and to check on high level progress with external agencies. Through outreach with external agencies including the NEC it was confirmed that each of the agencies were working together on ways to align and help streamline the processes that they own. |
15) Once the broader infrastructure is in place, what is the process for individuals to connect? Are there any required approvals across each of the various agencies? |
NEC permits generally do not require development permits for individual lateral service connections (connecting to the home). A CH permit may be required for connection in some instances. However, that would only be in cases where the connection crosses a regulated feature (e.g., valley or watercourse). If the connection line between the road allowance and the residents’ dwelling crosses through CH’s regulated area, CH should be contacted to see if approval is required. When permits are required, they will be considered minor and we are looking at options of when permits can be ‘batched together’ or potentially avoided. Residents can initiate this process now, by visiting CH’s online mapping to determine whether there is regulated area on their properties between their dwelling and road allowance: https://conservationhalton-camaps.opendata.arcgis.com/pages/web-maps |
16) How will the City document the learnings from this process to support future projects? |
The City is always evolving and learning in order to implement process improvements. This project like all projects will have a debrief to discuss lessons learned and ways of improvement moving forward. |
17) Can you detail where IAS is in this process? - Was the Municipal Consent Permit what was approved by Council in August 2021? |
See response to Question 1 for where IAS is in the process. No, the Special Council meeting held in August 2021 gave permission from Council to staff to enter into a Municipal Access Agreement (MAA) with IAS. This is a process all new utility service providers must go through. For this project to begin, IAS needs both a MAA and a Municipal Consent permit from the City. The MAA is legal agreement to allow utility owners to occupy public lands without the City inheriting liability. It is an ongoing agreement between the City and utility provider whereas the MC permit is permission granted for a specific project that has a defined project limit as well as a start and end date. |
18) Can you phase the NEC permit so that if it is appealed by a homeowner in another area the other areas can proceed? |
The applicant could submit different applications for different areas to separate approvals for different areas; however, this would not necessarily prevent an objection to the project as a whole. If the applicant wishes to take this approach, they should contact us first to discuss. |
19) What is Bell’s work area? |
Bell’s proposed work area is various locations along the Cedar Springs Road corridor and Guelph Line corridor and include the following roads;
Not all properties on the roads listed may be serviced by Bell’s installation. While the City may encourage communications utilities to provide coverage for all areas, it is ultimately the decision of the independent utility companies which areas they wish to provide coverage. Requests from residents to obtain high-speed internet are best directed to the independent communication utility companies. |
20) Why does NEC forward the permit application to CH and COB when they have their own review? |
The NEC takes a “one window” approach to permit application review. This coordinated approach ensures all agencies’ policies are considered in a coordinated manner. As the highest planning approval authority in this NEP Area, the NEC takes the lead role in circulating development permit applications. |
21) What is the realistic time frame? Best and worse case scenario? |
The amount of time it takes to process the application will depend on how quickly the applicant provides the additional information that was requested in November 2021, and how quickly the NEC’s partner agencies can review the information and confirm they are satisfied. Given these external factors, it is not possible for the NEC to provide a timeframe. However, the NEC recognizes the importance of the project given the number of people affected, and it is a high priority for the NEC to move forward as quickly as possible. |
22) Can you publish the 14 independent zones regarding the installations? |
The primary justification in splitting the three original drawings into 14 smaller packages was to allow the applicant to begin as soon as possible. In particular, Municipal Consent packages one to six were determined to have the least amount of conflict with Conservation Halton, Niagara Escarpment Commission and Halton Region projects and should be started first. This plan to split the project from three to 14 packages was carried out with the consultation and approval of Standard Broadband. The applicant ultimately submitted a single application to the Niagara Escarpment Commission which encompassed all 14 areas. As a result, all 14 Municipal Consent applications are contingent on the approval of the singular Niagara Escarpment Commission permit. |
23) Does Bell have fibre optic cabling at the pole on Guelph Line and Mount Nemo Cres? |
According to Bell, there is no fibre on the pole as of today. This area is a part of the planned Bell upgrade within this project. |
24) Will the City of Burlington be willing to pressure the federal government to provide more funding to Standard Broadband (or Bell) to include Guelph Line between Mount Nemo Cres and Britannia Road. |
The City of Burlington is fully supportive of utility companies that plan to install high-speed internet in underserviced areas of north Burlington. While the City may encourage communications utilities to provide coverage for all areas, it is ultimately the decision of the independent utility companies which areas they choose to provide coverage. Requests from residents to obtain high-speed are best directed to the independent communication utility companies such as Standard Broadband, Bell, Cogeco. |
25) What happened to the permit application for Bell to erect a tower at Nelson Aggregate quarry? |
Refer to Question 28. |
26) Can you please give me a time frame for the “Bell” project. |
Bell has obtained an approved permit from the Niagara Escarpment Commission. Once the City obtains an arborist report from Bell, the Municipal Consent permit can be issued. Work can be expected to begin shortly thereafter. |
27) What are the fast track options for this priority project? |
As mentioned in the Town Hall, the City commenced with detailed drawing review in advance of receiving a complete Municipal Consent application package and had this review completed last year. As we wait to receive the outstanding items from IAS, any work that can be done in advance is being worked on. This includes drafting up conditions of the permit and working with our Transportation Services staff on requirements for a road occupancy permit. All applicants for construction projects that may impact city trees are required to provide a tree preservation plan and arborist submission. However, early in this process the City waived that requirement to save the applicant time. The City worked on a plan agreed to by IASL/Standard Broadband to have an arborist visit the site as required as construction begins on various legs of the projects. They have the option to hire their own arborist for this work or use the City’s third-party contractor, which the City has secured at a preferred rate. |
28) Why was Bell not permitted to erect a cell tower at Nelson Aggregate Quarry? A permit request was submitted a couple of years ago and the NEC circulated it to surrounding homes. We never heard anything further. A tower would be extremely helpful for residents in this area if the government is not willing to pay for fibre optic cabling. |
In September 2018, the City of Burlington provided comments for an application to the Niagara Escarpment Commission for a utility company to install a telecommunications tower at 2433 No. 2 Side Road. According to Bell, the NEC application is currently within the review/analysis phase and recent revisions were made to the proposal as a part of that review. Questions regarding the status of that proposal should be directed to Bell. |
For more information about this project, please contact:
Internet Access Solutions
1-866-569-4147
Scott Hamilton
City of Burlington
Director of Engineering Services
scott.hamilton@burlington.ca
Larissa Howe
City of Burlington
Customer Experience Manager - Business Development
larissa.howe@burlington.ca
Bell Canada Area Updates |
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Internet Access Solutions Area Updates |
*Niagara Escarpment Commission policies do not apply to all areas of the project. |
What does the Niagara Escarpment Commission do? |
The Niagara Escarpment Commission (NEC) is mandated to develop, interpret and apply Niagara Escarpment Plan policies that maintain and enhance the vitality of the Escarpment’s unique environmental and landscape features. Its decisions are made independently, impartially, and according to a risk management framework. The NEC issues permits for development and circulates to the City of Burlington for review and comments. For more information visit the Niagara Escarpment Commission - Applying for a development permit application page. |
What does Conservation Halton do? |
Permission from Conservation Halton (CH) is required to develop in areas of natural hazards including river or stream valleys, wetlands, shorelines or hazardous lands; alter a river, creek, stream or watercourse; or interfere with a wetland. If it can be demonstrated to the satisfaction of CH that the development, alteration or interference will not affect the control of flooding, erosion, dynamic beaches, pollution or the conservation of land, CH may grant permission. For more information, visit Conservation Halton. |
What does Halton Region do? |
Specific to the Rural Broadband issue, Halton Region issues Municipal Consent and Excavation or Occupancy Permits for Regional Roads. For more information, visit Halton Region. Halton Region also reviews and comments on NEC development permit applications. |
Which permits does the City of Burlington issue? |
For this initiative, The City of Burlington issues Municipal Consent, Road Occupancy and Load Exemption permits. |
When is this project to be completed? |
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Will residents living on both sides of every border road of the project receive service, or only those living on the inner side of every border road? |
Yes, both sides of every road is included in the project. |