Sarah Rennie – LJI reporter
The municipality of Havelock and its supporters are elated, following a big decision in their fight to protect the local environment and farm community.
The Commission de protection du territoire agricole du Québec (CPTAQ) has officially rejected an application by Groupe Chenail Inc. to operate an asphalt factory in the Carrières Ducharme stone quarry located on Covey Hill. This could end the three-year saga that began in 2021 when the municipality first opposed the factory.
The Quebec Superior Court ruled in favour of the project in 2023. Havelock attempted to contest the decision, but the Quebec Court of Appeal upheld the ruling and refused to hear arguments. Following this, the municipality turned its attention to the CPTAQ to stop the installation. An ad-hoc committee was created to compile research and prepare facts in defense of the municipality’s position that an asphalt factory does not belong in an agricultural community.
The final decision, which was issued on November 7, follows a surprise reversal by the commission, which had previously suggested it would conditionally allow for the installation of the factory for a period of five years. A notice was issued in July that modified its assessment after a meeting took place with over 20 individuals, groups, and organizations who argued against the preliminary orientation, including the municipality of Havelock, the Fédération de l’UPA de la Montérégie, the MRC du Haut-Saint-Laurent, Ambioterra, and several concerned producers and citizens.
The final decision upholds many of the observations made in the notice of modification, which cited articles 12 and Section 62 of the Act respecting the preservation of agricultural land and agricultural activities. These provisions allow for the consideration of regional characteristics in the preservation and promotion of agricultural enterprises and activities, which the CPTAQ concedes could be at risk if the asphalt factory was allowed.
It explains that the commission chose to give priority to agricultural activities in the area, despite the presence of a quarry. The CPTAQ argued it would not be advisable to aggravate the situation with the installation of an asphalt factory, which would constitute a new use of the site.
The decision, which is signed by CPTAQ vice presidents Hélène Lupien and Gilles P. Bonneau, confirms that “The participants at the meeting raised concrete consequences of the project on farming activities,” while pointing out that those in favour of the project were given an opportunity to present their views. The CPTAQ concludes that “Groupe Chenail Inc. did not convince the commission that the project will have no impact on farming activities.”
Sharon deGaspé Power, who serves as the spokesperson for the ad-hoc committee, says she is overjoyed with the decision. “I’m just so happy that a major organization like the CPTAQ did listen to us!” she exclaims. “It means that our community is going to maintain its character and the essence of its economic activity, its agritourism, which would have suffered horrifically.”
The ad-hoc committee, which was largely made up of citizens with one municipal councillor, met on a weekly basis for over a year. DeGaspé Power says she is grateful to those who supported their cause. “It was a great collaborative effort from Elgin right up to Sherrington!” she exclaims, noting volunteers went door-to-door in several communities with their petition, which garnered over 600 signatures.
Groupe Chenail Inc. will now have 30 days to decide whether to contest the CPTAQ’s decision before the Tribunal Administratif du Québec.