Part INoticeVolume 157, Number 7Published: February 18, 2023

Lac‑Mégantic railway bypass expropriation

Canada Gazette, Part I, Volume 157, Number 7: Supplement 4

DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

Key facts

Published
February 18, 2023
Comment deadline
March 20, 2023
Effective date
Unclear

Summary#

The federal government, through Public Works and Government Services, has published a notice under the Expropriation Act saying it will take temporary rights over pieces of land around Lac‑Mégantic. The rights are for building and operating a railway bypass around the town. The notice was published on February 18, 2023 and people have 30 days to object in writing.

What it does#

  • Creates temporary property rights (called servitudes) on many specific parcels near Lac‑Mégantic to allow construction and use of a railway bypass.
  • Types of servitudes and maximum lengths:
    • Workspace and storage areas for up to 10 years.
    • Works in water environments (including diverting small watercourses and environmental monitoring) for up to 20 years.
    • Right of way over existing roads (some for up to 10 years, others up to 20 years).
    • General construction/works servitude for up to 10 years.
  • These rights let the government and its contractors (in particular Central Maine and Québec Railway Canada Inc.) access lands, move equipment and materials, build temporary facilities, remove vegetation, change ground levels, install culverts or other small infrastructure, and limit public access to work sites.
  • Landowners keep certain protections: the government must repair or compensate for damage, restore lands at the end of the works where possible, and assume legal liability for claims arising from the work.
  • The notice and plans will be registered in the land register for the Frontenac registration division.

Who's affected#

  • The notice names many individual landowners and companies whose parcels are affected. Examples named in the notice include Roger CARRIER, Yolande BOULET, COOP DE VIE COMMUNAUTAIRE LA CHAÎNE, the City of Lac‑Mégantic, Céline AUDET, Denis VACHON, Émilien MERCIER, François GENDRON, and Kurt LUCAS and Monique LACROIX.
  • Companies and organizations named include R.P. CARRIER INC., LES OPÉRATIONS FORESTIÈRES YVES CARRIER INC., CONIFÈRESTRIE INC., TAFISA CANADA INC., and others.
  • The work is for the benefit of Transport Canada and is being managed by Public Works and Government Services.
  • If you own land in the Lac‑Mégantic area, or have other legal interests in the specific parcels listed in the notice, you could be directly affected. The notice lists the exact parcel descriptions and owners.

Why it matters#

  • Landowners named will have some uses of their land limited for the length of the servitudes. That can mean restricted access, temporary loss of use, construction noise and traffic, and possible disturbance to soil, trees or water features.
  • The government promises repair or compensation for damage and to restore lands where possible. That matters if you own or use land in the area.
  • The work includes changes to watercourses and environmental monitoring, which can affect local drainage, wetlands, or small streams.
  • If you want to oppose the intended expropriation you must file a written objection within 30 days of February 18, 2023, addressed to the Minister’s regional office in Montréal. The notice gives a contact: Nicholas Chan at Public Works and Government Services (phone 438‑334‑1434 or toll free 1‑833‑381‑1630, email TPSGC.RQMegantic-QRMegantic.PWGSC@tpsgc-pwgsc.gc.ca).

Key topics

Expropriation ActPublic Works and Government ServicesTransport CanadaLac‑Mégantic railway bypassservitude for workspace and storage areaservitude of works in hydric environmentsservitude of right of wayservitude of worksCentral Maine and Québec Railway Canada Inc.Roger CARRIERCity of Lac‑MéganticTAFISA CANADA INC.COOP DE VIE COMMUNAUTAIRE LA CHAÎNEwatercourse diversionenvironmental monitoring

Source: Canada Gazette

Official source