Sarah Rennie – LJI reporter

A Quebec Superior Court judge has rejected a request by the municipalities of Elgin, Saint-Anicet, and the town of Huntingdon to annul a set of resolutions adopted by the MRC du Haut-Saint-Laurent that transfer Port-Lewis wharf usufruct rights to a private business.

The March 11 ruling, which was issued by Judge Catherine Dagenais, confirms that the MRC was within its rights to transfer user rights for the wharf to the Marina Port-Lewis, and that the procedures employed to do this were completely legal.

The MRC has owned the wharf and the access ramp since 1990 when it was transferred to the regional municipal authority by the federal government. The wharf, which provides access to Lake Saint-François, has always been enjoyed for free by the public.

In December 2020, the MRC first announced it had reached an agreement in principle with Marina Port-Lewis regarding the use of the wharf for a period of 30 years. At the time, the MRC argued that the agreement served to maintain the MRC’s ownership of the property while protecting the financial capacity of the residents and taxpayers of all 13 municipalities in the MRC. The agreement also supported the region’s economic development.

Concerns over the agreement were brought up by residents during numerous council meetings prior to the signing of the agreement. The MRC prefect and mayor of Sainte-Barbe, Louise Lebrun, insisted the MRC had “heard and listened to the representations of citizens and elected officials of the Haut-Saint-Laurent in order to reach a decision that protects their interests.”

A set of resolutions was then adopted by the MRC in February 2021, authorizing the removal of the wharf from the public domain and the signing of a deed transferring the right of usufruct between the MRC and the marina for one dollar.

A usufruct generally refers to the right to enjoy the use and advantages of a given property with conditions; in this case, the marina was given the right to use the wharf for a period of 30 years. The agreement included an obligation to maintain the wharf and carry out any major repairs. It also guarantees that free public access to the wharf will be maintained.

At the end of the 30-year term, the MRC will regain ownership of the wharf, as well as any renovations carried out by the marina.

A motion was filed in Superior Court against the MRC in October 2021 by the municipalities of Saint-Anicet, where the wharf is located, as well as the municipality of Elgin and the town of Huntingdon. The municipalities requested that the resolutions be annulled as well as the deed of transfer between the MRC and the Marina Port-Lewis.

The municipalities argued that the usufruct contravened article 6.1 of the Municipal Code of Quebec as well as the Municipal Aid Prohibition Act. Questions were also raised about whether the wharf could have been withdrawn from the public domain, and whether the municipalities brought their case to court within a reasonable time frame.

The court disagreed, concluding instead that “The usufruct does not contravene article 6.1 of the Municipal Code, and there is no reason to declare the resolutions and usufruct null and void.”

The ruling was also quite unequivocal in rejecting the municipalities’ claim that the usufruct broke the law by subsidizing the marina’s business in allowing the wharf to be used for commercial activities over the next 30 years without charging rent.

The court pointed out the marina is subject to numerous charges and conditions as part of the agreement signed by the MRC, including all major repairs and renovations during the 30-year period.

The judge noted that as of April 2022, the marina had already spent just over $19,795 on renovations and improvements including parking spaces, streetlamps and lighting, the installation of a dock at the descent, and the construction of six terraces.

The marina must also continue to allow free public access to the property. Emergency services, including police, fire departments, ambulances, and first responders, must also be able to always access the wharf. The MRC has formed a monitoring committee to ensure the right of public access to the wharf is upheld.

The court determined that all procedures to remove the property from the public to the private domain were followed through the adoption of the resolutions in question.

The wharf remains the property of the MRC and is still accessible to all, free of charge, between 4 a.m. and 11 p.m.