Quebec is concerned about recent court decisions that complicate the work of municipalities wishing to protect natural environments on their territory. The Legault government also plans to propose a revision of the Expropriation Act over the next few weeks.
Environment Minister Benoit Charette indicated on Monday that his government would soon introduce a bill to modify the Expropriation Act. The reform of the law is a request from the municipal world, including the Union of Municipalities, which believes that it is at a disadvantage against developers with the current legislation.
“In the next few weeks, the next few months, two of our colleagues, sometimes Transports across the Expropriation Actsometimes Municipal Affairs through the Planning and Town Planning Actwill make changes,” said Minister Charette, Monday, while attending a press conference to announce the creation of a conservation park along the Mille Îles River.
Remember that the current law on expropriation benefits developers since the value of the expropriation does not only take into account the market value of land, but also the potential financial losses incurred by the owner of expropriated land.
In these circumstances, the cost of an expropriation can sometimes amount to several million dollars above the market value of the expropriated land.
However, recent court decisions risk complicating the work of municipalities wishing to protect natural environments on the territory. Decisions that “concern” the Legault government, said Benoit Charette.
Last week, the Superior Court of Quebec concluded that two companies belonging to Senator Paul Massicotte had been victims of disguised expropriation of land located in the Boisé des Hirondelles, which the City of Saint-Bruno-de-Montarville wants to protect. . The developer is seeking $15 million, but the amount of compensation it will be awarded will be determined in another court hearing.
Last September, the Supreme Court of Canada also rejected an appeal filed by the City of Mascouche. The municipality was contesting a decision of the Quebec Court of Appeal, which ordered it to pay financial compensation to a citizen, Ginette Dupras, for disguised expropriation. The latter was opposed to a change in the zoning by-law henceforth preventing any subdivision on its land. She is claiming $4.5 million for land purchased for $1 in 1976.
Other legislative changes to come
“It’s a concern,” said Minister Charette. You mentioned the Boisé des Hirondelles last week, that’s not the type of judgment we like to receive. However, we take note of it. […] But these are judgments that, yes, we are most certainly concerned about, ”he adds.
The Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks (MELCCFP) specified that his department could also propose legislative changes to facilitate the work of municipalities concerned with protecting their natural environments.
“And on the side of the Ministry of the Environment, we are also considering the possibility of modifying our legislation to ensure that the will of the municipalities is better recognized, in particular by the municipalities, but also with a view to protecting the natural heritage”, says Benoit Charette.
“There are many elected officials who are mobilizing to protect him [le patrimoine naturel], he reported. With the constraints (court decisions) that you mentioned, in some cases, it is the plans, the projects that are literally compromised. So, two legislative changes to come in the coming weeks, the next few months. Possibly, a modification that would fall under the Department of the Environment also over the next few months, if not the next year. »
Rivière des Mille Îles: a conservation park will be created in 2024
Ten municipalities in the northern crown of Montreal announced on Monday that they wanted to create a conservation park along the Rivière des Mille Îles by 2024. A consultation table will be responsible for setting the limits of this metropolitan park. The project under study covers an area of 42 kilometers.
The City of Laval and nine municipalities of the northern crown have agreed to take “all the necessary steps to obtain official status for the 42 km of natural environments bordering the Rivière des Mille Îles by 2024”. This zone extends from Deux-Montagnes to Mascouche.
The future park will notably include the Rivière des Mille Îles wildlife sanctuary, the expansion of which is under study. The initiative will also allow the Communauté métropolitaine de Montréal (CMM) to move closer to its objective of protecting 30% of its territory by 2030.
The project, which has received support from the Government of Quebec, is supported by the cities of Laval, Rosemère, Deux-Montagnes, Boisbriand, Mascouche, Terrebonne, Sainte-Thérèse, Saint-Eustache, Lorraine and Bois-des-Filion.