Although the Court of Appeal rejected the procedure of the Ministry of the Environment to cancel the authorization issued to the developer Nicanco Holdings to fill in more than one hectare of marsh and swamp in order to build a residential project in Hudson, the Ministry is trying to come back.
The project called Sandy Beach continues to be a topic of discussion. To fully understand the case, it is essential to know that Sandy Beach is a point of land that juts into the Ottawa River west of downtown Hudson. The banks of this park are sandy and the locals can enjoy the large beach for free during the summer. The tip of Sandy Beach is also crossed by many hiking trails that give a view of the forest of mature trees that it shelters. Now, a developer wants to build 214 homes. As a first step, the Ministry of the Environment authorized backfill work in 2017. But the same ministry eventually retracted. The case therefore ended up before the Court, which ruled in favour of the developer. Quebec tried to have the decision dismissed, but the Court of Appeal once again ruled in favour of the developer. However, in its decision, the court suggested to the Ministry of the Environment to opt for another legal route to cancel the previous authorizations. This alternative was therefore chosen and the Ministry notified the developer of the revocation of the authorization, pursuant to a section of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation.
Present or not?
At the heart of the dispute, we find the presence of threatened or vulnerable species. Involved in the case, Nature Hudson, whose mission is to protect the land, water, wildlife and scenic beauty of Hudson for present and future generations, awarded a contract in 2021 to the firm TerraHumana in order to qualify the sector. In its report, the firm of biologists describes the Sandy Beach area as an exceptional forest ecosystem that is home to threatened or vulnerable species.
For Rob Horwood, a member of Nature Hudson, the Minister’s decision is great news. “This is great news, but don’t claim victory too quickly,” said Mr. Horwood. Since the developer has not started the work within 2 years, the Ministry can use its power to revoke the authorizations. However, it is essential to keep in mind that the developer could submit a new request for authorization and this would mean that we would have to start the whole contestation process again.”
