BRENDA O’FARRELL
The 1019 Report

A final decision on the fate of the proposed 214-unit Sandy Beach housing development in Hudson will be rendered in spring, as legal proceedings to hear an appeal contesting the Quebec Environment minister’s revocation of the permit to backfill part of the wetlands at the waterfront site are set to move forward in the coming weeks.

“The tribunal will render its decision within three months of the case being taken under advisement,” stated Julie Baril, the director of legal affairs with the Tribunal Administratif du Québec, in an email to The 1019 Report last week. The tribunal will hear the appeal.

According to documents obtained from the province’s administrative tribunal, Quebec Environment Ministry officials filed the required documents with the tribunal on Dec. 15 and Dec. 18 following an appearance by Justice Department officials on Nov. 23. But to date, “no jurisdictional activity has been held,” Baril said.

Nicanco Holdings, the owner of the waterfront site, and its partner in the proposed housing project, a numbered Quebec-based company, filed a notice of appeal with the tribunal on Oct. 18. On Nov. 15, the companies outlined the basis for its appeal with the tribunal.

The next step is expected to include a management conference, where the parties will receive an overview of the appeal process and deadlines set.

Tribunal officials said this meeting could lead to a conciliation session, which could also lead to

an agreement between the parties or a withdrawal of the appeal.

If there is no agreement or withdrawal, and the appeal proceeds to a hearing. The date for this process will be determined by the parties, the officials said. Once the appeal is heard, the tribunal would then have up to three months to render its decision. On Oct. 4, Quebec Environment Minister Benoit Charette revoked the certificate of authorization to backfill part of the wetlands along the waterfront in Hudson’s Sandy Beach area that had been issued in March 2014. The minister made the move, citing a provision of a new law that came into force in May 2022, the Loi sur certaines mesures permettant d’appliquer les lois en matière d’environement et de la sécurité des barrages. This law gives the provincial environment minister sweeping powers to ensure consistency in the application of environmental laws within an updated framework.