Decision of Minister and Statement of Reasons

Relating to the intention to expropriate, for the purposes of the construction and exploitation of a railway bypassing the downtown area of Lac-Mégantic;

• all the lands, located in the municipality of Frontenac, province of Quebec, including the immovable rights in these lands, which include all rights of any lessees, as described under the registered notice and plan in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,050; 
• all the lands, located in the city Lac-Mégantic, province of Quebec, including the immovable rights in these lands, which include all rights of any lessees, as described under the registered notice and plan in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,051; 
• all the lands, located in the municipality of Nantes, province of Quebec, including the immovable rights in these lands, which include all rights of any lessees, as described under the registered notice and plan in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,052; 
• the immovable rights, being real and temporary servitudes, as described under the registered notice and plan in the land registry office in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,054; 
• the immovable right, as described under the registered notice and plan in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,055; and  
• the immovable right, being a real and perpetual servitude, as described under the registered notice and plan in the Land Registry Office, in the Land book of the Registration division of Frontenac on February 13, 2023, under the number 27,853,056. 

I have received the hearing report from Julie Banville on May 25, 2023, following the public hearing held on May 4, 5, 8 and 9, 2023, in the municipality of Frontenac, Province of Quebec.

I read the report with great interest. After considering the nature and the grounds of the objections, and considering the information that has been provided to me, which is contained herein and in the appendix attached hereto, I am of the opinion that none of them contain sufficient grounds to justify not moving forward with the expropriation.

The Lac-Mégantic rail bypass project stems from the tragic event of July 6, 2013, when a train carrying crude oil exploded in downtown Lac-Mégantic. In all, 47 people unfortunately lost their lives in the accident, not to mention the many collateral victims and the complete destruction of downtown Lac-Mégantic. The Lac-Mégantic Rail Bypass project involves the construction of a new 12.5-kilometre railway line to bypass downtown Lac-Mégantic. Indeed, the main objective of the project is to get the railway out of the downtown core, in addition to reducing the number of residences, buildings and businesses near the new track. The goal is also to help the community of Lac-Mégantic move forward and mitigate the traumatic effects associated with the accident.  

As a result, I confirm the intention to expropriate the lands and immovable real rights listed in the Notice of Intention to Expropriate published under numbers 27,853,050, 27,853,051, 27,853,052, 27,853,054, 27,853,055 and 27,853,056.

Following the commitments obtained by Transport Canada from Canadian Pacific and Kansas City (CPKC), Hydro-Québec and the Ministère des Transports et de la Mobilité Durable du Québec (MTMD), the servitudes for electrical power distribution or transmission lines and telecommunications lines, as well as certain the servitude of non-access already published, will be excluded from the expropriation of the lands on which they are published. Accordingly, the notices confirming the expropriation of lands targeted by notices of intent to expropriate published under numbers 27,853,051 and 27,853,052 will be with and subject to the terms and conditions of these published servitudes.

Also, given that the Fédération de l'UPA-Estrie has not requested permission to appeal the decision of the Tribunal administratif du Québec (TAQ) before the deadline of May 11, 2023, and that the decision of the Commission de protection du territoire agricole du Québec (CPTAQ) is then confirmed, the City of Lac-Mégantic has requested that its three properties be excluded from the expropriation process. Since the offer to purchase with the City of Lac-Mégantic is still valid, this is a request to which I can agree. Consequently, these lands will be withdrawn from the notice to confirm the expropriation of the properties targeted by the notice of intent to expropriate published under number 27,853,052.

Grounds for opposition

The following sections follow the receipt of written objections and the hearing officer's report. Each of the grounds for objection listed below have been taken into consideration in the expropriation decision.

1. Social acceptability

In general, the following points are intended to respond to the objections raised by: the Municipality of Frontenac, Ms. Monique Lacroix and Mr. Kurt Lucas, Mr. Jacques Boulet, Ms. Yolande Boulanger, Ms. Rita Boulanger and Mr. Raymond Savoie, the Coalition des Victimes Collatérales, Mr. Roger Venne and Mr. Joseph Vallée, Mr. Raymond Lafontaine, Ms. Ann Élizabeth Veary, Ms. Yolande Vallée, Ms. Sylvie Boucher, Mr. Emery Bélanger, Ms. Maude Lambert, Ms. Lise Grenier, Mr. Léonard Mason, Ms. Josée Morin, Mr. Yvan Arsenault, Ms. Nicole Baron, Mr. Donald Stewart, the opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

A project of the complexity of this one, the Lac-Mégantic rail bypass, cannot be carried out without impacting certain residents and even the environment. The Government of Canada will continue to make every effort over the coming stages to support the communities, people affected or impacted, and landowners concerned by the project, notably by sharing project-related information on a regular basis and by gathering public concerns and comments. The goal is to ensure the best possible integration of the project into the community, as well as to support the communities affected by the realization of this community and social reconstruction project.

To this end, Transport Canada (TC) and Public Services and Procurement Canada (PSPC) have always been committed to ensuring a regular presence in Lac-Mégantic and the surrounding municipalities, so as to be able to answer questions, listen to citizens' concerns and, above all, maintain the social acceptability of the project.

In fact, in the aftermath of the July 6, 2013, tragedy, mental health problems associated with the post-traumatic stress suffered by nearly two-thirds of the Lac-Mégantic population led to a significant demand for mental health services in the region. In 2018, 44% of the population had "moderate" or "severe" manifestations of post-traumatic stress, five years after the tragedy, including difficulty sleeping, bad dreams, feelings of numbness, strong emotions felt or images that came back to mind. Minimizing the triggering effect is an action that will prove beneficial in enabling the Lac-Mégantic population to lessen the effects of post-traumatic stress. For instance, the fact that the train will pass outside downtown will also eliminate the noise of the whistle that can be heard before every street crossing, a reason for opposition that has been called for by many residents.

In the case of the Lac-Mégantic community, this meant moving rail operations (the trigger) out of the downtown area, which will help improve the mental health of Lac-Mégantic residents in general. The Lac-Mégantic Bypass project is essentially designed to help the Lac-Mégantic community move forward, and thus mitigate the traumatic effects of the 2013 accident. More specifically, this initiative aims to have a significant positive impact on residents' mental health and expectations. Since its announcement in 2018, the objective of the bypass project has always been to enable the long-term psychological and social well-being of the community.

To answer Me Daniel Larochelle's questions, the reconstruction of downtown Lac-Mégantic, which was almost entirely destroyed in the tragedy, is also an important step for the citizens of Lac-Mégantic. However, the rail bypass project and Lac-Mégantic's economic recovery are two completely separate and distinct initiatives. The federal government respects the decisions made by municipalities regarding their economic development and does not wish to substitute itself for the decisions made by its elected representatives, unless called upon to do so. Nevertheless, the Government of Canada supports the economic and commercial recovery of the City of Lac-Mégantic, particularly following the train accident on July 6, 2013, and makes it a priority to be there for local businesses and the community, whether in the short, medium, or long term.

Nevertheless, on February 19, 2023, the municipality of Frontenac, which borders Lac-Mégantic, held a referendum on the Lac-Mégantic rail bypass project. Over 50% of eligible residents voted, and 92.5% of them indicated their opposition to the project. However, it's important to point out that of Frontenac's 1,786 residents, some 1,300 were eligible to vote, but only 697 did so. This result is in addition to the fact that the municipal council of Nantes, another municipality bordering Lac-Mégantic, withdrew its support for the project, for the final route chosen, in winter 2023.

On the other hand, the municipal council of the City of Lac-Mégantic remains firmly committed to the realization of the rail bypass project, with the aim of removing the rail line from its downtown area and moving it permanently away from the urban center. At the same time, the municipality has seized the opportunity to identify a route that would allow the train to pass through its industrial park, thus achieving its economic recovery objective by facilitating the transportation of local goods.

In addition, Transport Canada has received several letters from citizens in support of the construction of the bypass, for the good of their community. In winter 2023, the Coalition des citoyens et organismes engagés pour la sécurité ferroviaire de Lac-Mégantic confirmed its support for the Lac-Mégantic bypass route, subject to certain conditions, which are currently being studied. Not to mention the presence of a Facebook group entitled Pour un contournement à Lac-Mégantic, with over 1,000 members in favor of building the bypass.

Despite differing positions on the rail bypass project, Transport Canada continues to communicate with and support the citizens of the three municipalities concerned - Lac-Mégantic, Frontenac and Nantes - until the project is completed.

2. Selection of the right-of-way location

In general, the following points are intended to respond to the objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, the Municipality of Frontenac, Me Monique Lacroix and Mr Kurt Lucas, Dr Sébastien Raymond, Ph., D., Ing, M. Joël Chotte, Dr Lucie Viau, M. Jacques Boulet, Me Yolande Boulanger, Me Rita Boulanger et M. Raymond Savoie, la Coalition des Victimes Collatérales, M. Roger Venne et M. Joseph Vallée, M. Raymond Lafontaine, M. Richard Hallé, Me Ann Élizabeth Veary, Me Yolande Vallée, M. Réjean Roy, M. Léon Ducharme, M. Sylvain Côté, M. André Lefebvre, M. Marc Bédard, Mr. Emery Bélanger, Mr. Léonard Mason, Ms. Josée Morin, Ms. Isabelle Boulanger, Mr. Daniel Poirier, Mr. Adrien Quirion, Mr. Yvan Arsenault, Ms. Ginette Isabel and Mr. Daniel St-Pierre, Ms. Nicole Baron, Mr. Donald Stewart, Ms. Maude Lambert, citizens' objections represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

The bypass project has three main objectives: to move the rail line away from downtown Lac-Mégantic and away from populated areas, while reducing the number of residences, buildings and businesses located near the new rail line; to maximize safety by reducing the grade and smoothing out curves, while ensuring a safe connection to the Lac-Mégantic Industrial Park; and finally, to help the community of Lac-Mégantic and the region move forward through the construction of the rail bypass. Indeed, on July 6, 2013, downtown Lac-Mégantic was the scene of the worst rail incident involving flammable liquids in Canadian history. In all, 47 people sadly lost their lives in this terrible accident, not to mention the many collateral victims and the complete destruction of downtown Lac-Mégantic.

The chosen route is not only the result of numerous specialized field studies, but also of several public consultations held directly in the communities concerned, including Lac-Mégantic, Nantes and Frontenac. Given the land available in the municipality of Lac-Mégantic, it would have been impossible to build a bypass without modifying the existing route in Nantes and Frontenac. Moreover, the project was never intended to benefit residents of certain municipalities at the expense of others. Nor does the bypass project seek to disadvantage one part of the population in favor of another. Note, however, that Lac-Mégantic did not hold a referendum on the bypass project.

In 2015, the City of Lac-Mégantic retained the services of infrastructure engineering consulting firm AECOM to carry out a feasibility study in connection with the rail bypass project. This study was co-financed by the Canadian and Quebec governments. As part of this initial process, the Monitoring Committee was formed, with representatives from the federal and provincial governments, as well as from the three municipalities in the region: Lac-Mégantic, Nantes and Frontenac. 

The feasibility study was carried out in three phases. The first phase involved a scoping study to identify potential corridors for the future rail bypass. AECOM's report, submitted in 2016, identified and analyzed three potential corridors. In this first phase of the three corridors identified, the Monitoring Committee selected only one, which would generate the least impact on the environment, in particular, in addition to being the most economical route financially.

Following this feasibility study, the Bureau d'audiences publiques sur l'environnement (BAPE) was given a consultation mandate, with the aim of consulting the public on various options for redeveloping the railroad line running through downtown Lac-Mégantic. This public consultation took place on May 29 and 30, 2017, on five options for redeveloping the railroad line running through downtown Lac-Mégantic. On July 21, 2017, the chairman of the public consultation commission issued a report summarizing the public consultation and presenting its conclusions. The commission retained two options out of the five proposed: Option 1, which called for the status quo, and Option 3, which called for the construction of a bypass.

During the second phase of the study (Pre-planning study - City of Lac-Mégantic 1), three variants of the corridor selected in the first phase were developed and evaluated. In 2017, the follow-up committee selected the corridor that best met the established criteria.

In response to the objections of Ms Monique Lacroix and Mr Kurt Lucas, Mr Joël Chotte, Ms Yolande Boulanger, Ms Rita Boulanger and Mr Raymond Savoie, Ms Ann Élizabeth Veary, Mr Gaétan Plante, Mr René Boutin, Mr Jean-Denis Cloutier, Ms Maude Lambert, Ms Isabelle Boulanger, Mr Richard Breton, Ms Ginette Isabel and Mr Daniel St-Pierre, Ms Nicole Baron and citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin who consider that the current road still passes through downtown Lac-Montréal. Daniel St-Pierre, Ms Nicole Baron and the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin who consider that the current route, which still passes through downtown Lac-Mégantic, remains the best option, it should be mentioned that this option was rejected, as it does not meet the project's objectives. It still borders a very large number of residences and businesses and ensures that the train continues down the steep incline that was part of the cause of the tragic event in 2013. As noted in the aftermath of the tragedy, the curves are too sharp, and the route doesn't allow connection with the Lac-Mégantic Industrial Park. What's more, the fact that the train continues to pass the exact spot where the accident took place is a major stress factor for the population, hampering their recovery.

In May 2018, the governments of Canada and Quebec announced that they had signed an agreement in principle to jointly fund the rail bypass project, the route that had been selected following the feasibility study managed by the City of Lac-Mégantic.

In June 2019, BAPE began a second mandate, to investigate and hold public hearings on the railway bypass project. Public hearings were held in Lac-Mégantic in July 2019, and the report of the president of the commission of inquiry was delivered in October 2019. At the end of its work, the commission of inquiry had concluded that the route selected by the initiator for the bypass rail line is the most advantageous. However, the project should only be authorized if the proposed siding in the municipality of Frontenac is relocated, to ensure public safety.

Following this report, the Ministère de l'Environnement, de la Lutte contre les Changements Climatiques, de la Faune et des Parcs (MELCCFP) stated in a letter dated September 2, 2020, that after analysis and considering the recommendations made by the BAPE, the project to build a railroad bypassing downtown Lac-Mégantic was environmentally acceptable.

In 2020, during the third phase of the study, the final pre-planning study was completed. This study integrated data obtained from field surveys and geotechnical work, while specifying the track profile selected for the corridor announced in 2018. The selected route eliminates the entire rail line from downtown Lac-Mégantic, and at the same time reduces the number of buildings, homes and businesses located near the future rail line.

In August 2020, the Commission de protection du territoire agricole du Québec (CPTAQ) also held a public meeting as part of its decision-making process, concerning the project's impact on agricultural and forested land. In November 2020, the Commission de protection du territoire agricole du Québec (CPTAQ) authorized the disposal and non-agricultural use of the farmland required for the rail bypass project and concluded that the route selected would generate the least impact on surrounding farmland and farms.

During the various phases of AECOM's feasibility study, a number of criteria were used to select the proposed route, including technical characteristics (i.e., maximum grades and track geometry), safety, proximity to buildings, the amount of land to be acquired, the natural environment (i.e., wetlands and watercourses) and infrastructure required for the project, as well as total project costs.

The chosen route is the result of numerous public consultations and environmental studies carried out during and after the project's feasibility phases: the Bureau d'audiences publiques sur l'environnement (BAPE), the Commission de protection du territoire agricole du Québec (CPTAQ), Transport Canada, as well as the follow-up committee formed following the feasibility study. This route was also submitted to the Canadian Transportation Agency (CTA) as part of the project approval process.

The final route also offers a number of safety benefits for the local population, including a significant reduction in the number of level crossings from 16 to 4, in the maximum grade, and in the number of residences within 100 meters of the proposed right-of-way, from 258 to 18. Of these, only 12 residences will now be close to the bypass. The remaining six homes will be at the same distance or further from the new bypass than from the existing one.  It should also be noted that the bypass will be designed to Class 3 standards, i.e. the maximum permissible speed will be 40 mph. However, trains will also be able to travel at lower speeds.

Regarding Mr. Emery Bélanger's objection to the possibility that the slope of the bridge to be built over the Chaudière River could pose a derailment risk, it should be noted that the design of the bypass meets all safety criteria currently defined by Transport Canada, including the slope of the bridge to be built over the Chaudière River.

All work specifically related to construction of the bypass will be undertaken by rail operator Central Maine and Québec Railway (CMQR), whose majority shareholder is Canadian Pacific Kansas City (CPKC), supported by federal and provincial funding. 

As mentioned above, one of the main objectives of the project is to help the local community move forward with the construction of the rail bypass. The project also aims to help alleviate the trauma associated with the Lac-Mégantic accident, which will have positive long-term effects on the mental health of residents. Since its announcement in 2018, the project's objective has always been to enable the long-term psychological and social well-being of the community.

More specifically, in response to Ms. Yolande Vallée's objections to the possibility of running the train on the existing Canadian National (CN) track that runs along the Lower St. Lawrence region of Quebec towards the Irving companies and refineries in New Brunswick, this option is not valid in a context of private enterprise and competition between two rail carriers.

The final route of the bypass remains the most advantageous in environmental terms, as well as being the safest. Above all, it respects the main objective of the project, which is to relocate the existing rail line outside downtown Lac-Mégantic, while reducing the number of residences, buildings and businesses located near the new line.

With regards to the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec's grounds for opposition, in view of their position on the need for real and perpetual servitudes, the Canada Transportation Act (S.C. 1996, c. 10) provides that a federal railroad company that runs a railroad line through the land of a landowner must, at the landowner's request, build a suitable passageway to ensure the landowner's enjoyment of his land. In such cases, the federal railroad company must bear the cost of building and maintaining the passage. This is a statutory protection that will continue to benefit owners even in the event of a sale or transfer by the rail operator to a third party who will continue rail operations.

In this case, five (5) private crossings have been added to the plans and specifications for the construction of the rail bypass. These at-grade crossings, tunnels and bridges will all be designed and adapted to ensure the continuity of agricultural and forestry activities for landowners whose land will be cut by the bypass. In this way, CMQR ensures compliance with the Canada Transportation Act by granting suitable crossings to landowners whose land will be cut by the bypass. In addition, this right-of-way will be ensured by the signing of private right-of-way agreements between CMQR and said landowners, which will include all relevant terms and conditions to ensure harmonious and safe cohabitation. In addition, a clause to the effect that the right-of-way will be converted into a real and perpetual servitude in the event of the cessation of rail operations on the bypass was added to each of these agreements.

These agreements have been submitted to the said owners through PSPC, at the same time as the offers to purchase, i.e. between October 2021 and February 2022. Once signed by the parties, these agreements can be registered with the CTA.

In response to Ms. Yolande Vallée's concerns about the risk of Lac-Mégantic losing its Cittaslow certification, the bypass project will in no way affect Cittaslow certification, and Lac-Mégantic became the first and only Cittaslow town in Quebec in June 2017, as well as the first French-speaking Cittaslow town in the Americas. One of the objectives of this certification is to preserve citizens' quality of life, and the project to remove the railroad tracks from downtown Lac-Mégantic is directly in line with this vision.

3. Alternative routes not studied (demi-voie option)

In general, the following points are intended to respond to the objections raised by: Fédération de l'UPA-Estrie and Syndicat des Producteurs forestiers du Sud du Québec, Municipality of Frontenac, Mr. Joël Chotte, Coalition des Victimes Collatérales, Mr. Marc Bédard, Mr. Emery Bélanger.

The half-track option was eliminated from the corridor choices, as it does not meet the objective of the bypass project, i.e. to get the train out of downtown Lac-Mégantic and away from densely populated areas. As early as August 2020, the Fédération de l'UPA-Estrie suggested and supported an alternative half-track route along the Chaudière River, to avoid passing through the municipality of Frontenac and a section of Lac-Mégantic where several agricultural farms are located.  The half-lane would still be located close to the town center, some 50 meters from the site of the 2013 incident and less than 500 meters from the memorial site.

This reality runs directly counter to the original objectives of the bypass project, which were to remove the railroad from downtown Lac-Mégantic as far as possible from populated areas, to maximize safety by reducing the gradient and smoothing out curves, and finally, to provide a connection to the Lac-Mégantic Industrial Park. In other words, the half-track does not meet the main purpose of the project, given that the rail line would remain partly present in downtown Lac-Mégantic.

As previously mentioned, the final route of the bypass remains the most advantageous in environmental terms, as well as being the safest. It respects the project's main objective, which is to relocate the existing rail line outside downtown Lac-Mégantic, while reducing the number of residences, buildings and businesses located near the new line.

4. Modifications to right-of-way surface area

In general, the following points are intended to respond to the objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, the Municipality of Frontenac, Ms. Monique Lacroix and Mr. Kurt Lucas, Mr. Joël Chotte, Ms. Yolande Boulanger, Ms. Rita Boulanger and Mr. Raymond Savoie, Ms. Arianne Tremblay for Cabane à sucre Mégantic S.E.N.C., Mr. Michel Dallaire, Mr. Sylvain Côté, Mr. Emery Bélanger, Ms. Josée Morin, Mr. Donald Stewart

From an engineering point of view, the railway right-of-way was widened somewhat as plans and specifications were drawn up. The experts then realized that additional areas were needed, for example, to make curves, slopes and trenches safer, not to mention better snow management in winter.

Transport Canada has also agreed to acquire certain small parcels of land that will be landlocked as a result of the project, and for which the installation of a private passage is impossible given the safety issues involved. These parcels will subsequently be sold to a neighboring owner.

In terms of design, the bypass is conceived as a single operational track with the necessary safety features. However, the project includes two additional marshalling tracks located in the Lac-Mégantic industrial park. These tracks will be used for shunting and warehousing activities, thus eliminating this type of activity on the Nantes siding and enhancing rail safety in the area. This component was announced by Canada's Transport Minister on August 28, 2019 and responds to the request of the Lac-Mégantic community, as well as the mayors of Lac-Mégantic, Nantes and Frontenac. It was also one of the requests made at the Bureau d'audiences publiques sur l'environnement (BAPE) public hearings in July 2019. This will enable Central Maine and Quebec Railway (CMQR) and Canadian Pacific Kansas City (CPKC) to carry out their marshalling and car storage operations, eliminating the need to store cars on the marshalling track in Nantes and Frontenac, and thereby increasing rail safety.

Finally, it should be remembered that the project calls for the construction of a single track only, although the corridor has been widened for the construction of a maintenance track parallel to the track in the area east of the Chaudière River (Lac-Mégantic and Frontenac). The siding at Frontenac will also be dismantled. Similarly, a single track is planned at Nantes as part of this project, as well as at Frontenac.  

5. Impacts on water quality and quantity in wells:

In general, the following points are in response to objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, the Municipality of Frontenac, Ms Monique Lacroix and Mr Kurt Lucas, Dr Sébastien Raymond, Ph., D., Ing, Dr Lucie Viau, Mr Jacques Boulet, Ms Yolande Boulanger, Ms Rita Boulanger and Mr Raymond Savoie, Mr Raoul Proteau, Mr Renaud Martineau, Mr Alain Gendron, Mr Michel Dallaire, Mr Richard Hallé, Ms Ann Élizabeth Veary, Mr Gaétan Plante, Mr Camille St-Hilaire, Mr Sylvain Côté, Mr Jean-Yves Fortin, Ms Sylvie Boucher, Mr M. André Lefebvre, M. Magella Roy, Me Pierrette Blais, M. Marc Bédard, M. Jean-Denis Cloutier, M. Emery Bélanger, Me Madeleine Vallée, Me Diane Laplante, Me Josée Morin, Mme Maude Lambert, Me Isabelle Boulanger, Me Ginette Isabel et M. Daniel St-Pierre, Me Nicole Baron et M. Donald Stewart

It is important to point out that under no circumstances will Transport Canada leave citizens affected by work on the bypass without an adequate supply of drinking water for their daily consumption. To protect groundwater and drinking water wells, the project also includes numerous robust measures, not only during the construction period, but also when the bypass is in operation.

In the event of a problem, Transport Canada will build new wells or deepen existing ones, at no cost to the citizens concerned. Intervention thresholds for water levels and water quality in private wells will also be established, notably as a preventive measure, but above all to enable rapid and effective intervention. These intervention thresholds will be defined for each well, and according to the needs of each individual (for instance, a residence, a dairy farm or a business, etc.).

In the interests of transparency, information on thresholds will be shared with homeowners and municipalities. Please note that this information has also been shared with affected residents. Transport Canada will continue to communicate with affected landowners through well monitoring studies, according to the protocol already in place. Similarly, a local hotline will be set up in the event of well failure. In addition, a monitoring program for private wells will be implemented before work begins and will continue during and after construction until the water table has stabilized, for at least two years (measure #127). Transport Canada also added five additional measures #B2 to #B5, specifically to confirm the commitment to monitoring wells until the water table stabilizes, well beyond two years if necessary. To this end, discussions have taken place and a contribution agreement could be drawn up with the three municipalities involved (Lac-Mégantic, Nantes and Frontenac) for the management of the well monitoring program, so that they have the financial resources and funds to manage the program. Should such an agreement not be reached, Transport Canada will assume responsibility for managing the monitoring program.

The well monitoring program will identify all wells within the zone of influence of the long-term bypass. Some of these wells will be monitored to assess water quantity and quality on a regular basis. Data obtained from well sampling will be used to monitor water level fluctuations, as well as the quality of the water present in the targeted wells during the various construction phases. Sampling data will be compared with current normal conditions, i.e. those prior to the start of construction. Data collection to identify initial water level and quality conditions in private wells has already been underway since 2021. The frequency of water level measurements and well water analysis will be detailed in the monitoring program. The frequency may also be modified to suit conditions during field work.

As part of the Lac-Mégantic rail bypass project, hydrogeological studies were carried out to assess the potential effects of the project on groundwater, private wells and wetlands in the area. During these studies, a sampling program was developed for private wells located in the area of influence of the construction work. For example, a hydrogeological study was carried out in May 2022 to assess the hydrogeological properties of aquifers in the construction zone, particularly where excavation will be required during construction of the new right-of-way. The purpose of this exercise was to assess the maximum radii of influence in order to design and implement a monitoring program where impacts could be observed. In response to questions from Mr. Jacques Boulet, Ms. Monique Lacroix and Mr. Kurt Lucas, the three (3) zones of influence have been scientifically determined, more specifically by Englobe's 2022 study.

In response to the grounds for opposition raised by Mr. Raoul Proteau, and as mentioned above, the well monitoring program will also cover Transport Canada's commitment to ensure that no resident lacks water for his or her daily needs, whether the residence is located within 200 meters of the railway right-of-way or within a larger radius, such as the long-term zone of influence, as stipulated in Mitigation Measures #B-1 and #127.

Test results representing the current state of well water quality (i.e., before construction work began) were also forwarded to the owners for microbiological and physico-chemical parameters that are generally analyzed to characterize the quality of water intended for drinking water supply. Results for organic parameters, which are generally analyzed to detect the presence of contaminants that may have resulted from industrial activities, have also been forwarded. Results indicating exceedance of standards and/or objectives were identified for the majority of wells. In short, the experts agree that there is no potential contamination of any of the wells.

Dr. Sébastien Raymond, Ph.D., Ing. raises objections related to water quality and quantity in wells outside radii of influence. It is important to note that the radii of influence identified in the hydrogeological study do not correspond to exclusion zones, and water quality or quantity will not be ignored within these radii of influence. Should water flow or quality problems arise for wells located outside the radii of influence as a result of the bypass work, various means will be implemented, depending on the situation, to ensure a water supply at no cost to the public: 

• New or deeper wells will be built;   
• Water treatment systems will be installed and maintained as required;  
• Drinking water will be distributed free of charge until the situation is resolved.

To respond more specifically to the objections of Ms. Monique Lacroix and Mr. Kurt Lucas, Mr. Raoul Proteau, Ms. Arianne Tremblay for Cabane à sucre Mégantic S.E.N.C., Mr. Renaud Martineau and the objections of citizens represented by Mr. Daniel Larochelle, Mr. Frédéric Paré and Mr. Jean-Claude Boutin, who raise the possibility that there are no or insufficient protective measures to protect surface wells in the event of vibration, it should be noted that to verify whether variations in water levels in drinking water wells are related to the bypass work, control wells will be installed outside the radius of influence of the project. These wells will be used to collect data on water levels in the wells and analyze whether fluctuations are caused by seasonal variations or by construction work. Test results for each well selected for sampling will be provided to homeowners when compiled.

Mitigation measure #126 ensures that wells are not damaged by vibrations caused by blasting operations. In addition, blasting will be modulated according to proximity to residences and soil composition (rocky soil vs. loose deposits, for example), among other factors.

In response to the objections raised by the Municipality of Frontenac, Ms Monique Lacroix and Mr Kurt Lucas, Mr Joël Chotte, Ms Yolande Boulanger, Mr Daniel Poulin, Ms Josée Morin, Ms Maude Lambert, Ms Ginette Isabel and Mr Daniel St-Pierre, the risks associated with the dewatering of the water table or the reduction in water level due to the presence of an excavation are anticipated and covered by mitigation measures. Also, some wells may experience a reduction in the size of the available water column, proportional to the proximity of the excavation. However, the water column of a well can be reduced without affecting the quantity of water and the flow rate of a well. For example, a well may have a one-meter decrease in available water column, even though the pump is located 10m lower down the column.

Several other protective measures will also be put in place before and during the work, specifically to reduce or eliminate the possible risk of water contamination due to certain types of work. For example, certain types of explosives will not be used. Measures relating to the use of heavy machinery will also be applied to limit any oil leaks and ensure proper management of accidental spills that could contaminate the water table or wells, etc. Measures #1, #2, #8, #9, #10, #11, #12, #15, #16, #19, #20, #21, #22, #23, #24, #25, #26, #126, #127, #132, #134, #138, #147 will also be applied to this end (although they are not exhaustive). The monitoring program will also enable us to verify the effectiveness of these measures by tracking changes in well water quality.

In response to objections raised by Mr. Daniel Poulin, Mr. Sylvain Côté, Ms. Josée Morin and citizens represented by Me. Sylvain Côté, Ms Josée Morin and the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin concerning the lack of adequate notice given to the landowners concerned as part of the tests carried out for the project by Transport Canada representatives, and the latter's failure to repair the land damaged as a result of these tests, Transport Canada took note of the complaints of certain landowners and undertook to rectify the situation, by improving its communication protocol between the various players involved in the project, among other things.

Finally, several other mitigation measures have been identified to minimize the impacts of the bypass project, especially on drinking water wells. As mentioned, Transport Canada will ensure that all citizens affected by the project will have an adequate supply of water for their daily consumption, before, during and after the work, until the water table is fully stabilized, if necessary. All these actions, which will be implemented before, during and after the work, represent, but are not limited to, tools to protect or support residents who may be affected in terms of the quantity and quality of water in their wells.

6. Impacts on wetlands and the environment

In general, the following points are intended to respond to the objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, the Municipality of Frontenac, Ms Monique Lacroix and Mr Kurt Lucas, Dr Sébastien Raymond, Ph., D., Ing, M. Joël Chotte, M. Jacques Boulet, Me Yolande Boulanger, Me Rita Boulanger et M. Raymond Savoie, la Coalition des Victimes Collatérales, M. Raoul Proteau, M. Roger Venne et M. Joseph Vallée, M. Renaud Martineau, M. Michel Dallaire, M.. Richard Hallé, Me Jessika Giroux, M. Martin Couture et Me Mélina Couture, M. Daniel Poulin, Me Ann Élizabeth Veary, Mme Colette Rancourt, Mme Yolande Vallée, M. Réjean Roy, Mme Linda Proteau, M. Léon Ducharme, Mme Geneviève Dallaire, M. Sylvain Côté, M. Jean-Yves Fortin, Me Sylvie Boucher, M. André Lefebvre, M. Magella Roy, M. Marc Bédard, M. Jean-Denis Cloutier, M. Emery Bélanger, Me Madeleine Vallée, M. Robert Vallée, Me Diane Laplante, M. Léonard Mason, Me Josée Morin, Me Maude Lambert, Me Isabelle Boulanger, M. Adrien Quirion, Mr. Yvan Arsenault, Mr. Richard Breton, Ms. Ginette Isabel, Ms. Nicole Baron, Mr. Donald Stewart and opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

Losses of wetlands and watercourses caused by the Lac-Mégantic rail bypass project will have to be compensated by paying an amount into the Fonds de protection de l'environnement et du domaine hydrique de l'État, in accordance with established application parameters. This mitigation measure established by the governments of Quebec and Canada is designed to cover the loss of wetlands within the future railway right-of-way. It should be noted that the calculation of the amount paid will be revised according to the final area of wetland loss caused by the work. Payment of this financial contribution must be made before work begins. The sums will then be reinvested in the Programme de restauration et de création de milieux humides et hydriques (PRCMHH), which will fund wetland restoration and preservation projects in the very region where the wetland losses and destruction will take place, i.e. directly in the Granit MRC. As the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP) has set up regional wetland and water protection plans that are managed by the regional county municipalities (MRCs), it is the MRCs themselves that will receive the financial compensation managed under this Regulation. Other mitigation measures have also been added, notably to consider potential additional loss of wetlands outside the railway right-of-way, or temporary direct loss of vegetation and wetlands.

In response to the objections raised by Mr. Joël Chotte, Ms. Yolande Boulanger, Ms. Rita Boulanger, Mr. Raymond Savoie and Ms. Geneviève Dallaire regarding the possible detour of streams along the future bypass, the work will be planned and carried out by competent experts, while respecting existing safety measures and current environmental standards. With regard to the possible risk of runoff entering the Chaudière River in significant quantities, leading to overflows and flooding in other municipalities along the river, it should be noted that runoff from precipitation in the Lac Mégantic watershed and the Chaudière River will continue to discharge in the same locations as before the work began, so there will be no increase in the risk of overflows or flooding.

In response to the objections raised by Ms Jessika Giroux, Ms Yolande Vallée, Ms Geneviève Dallaire, Mr Sylvain Côté, Mr Magella Roy, Mr Jean-Denis Cloutier and Mr. Emery Bélanger regarding the logging work required to build the rail bypass, the trees that will be cut to make way for the rail right-of-way will be replaced at a ratio of 1:1, as indicated, mitigation measure #39 will directly "compensate for the loss of forest area at a ratio of 1:1. Wherever possible, planting should take place within the boundaries of the three municipalities. If this proves impossible, planting may be carried out elsewhere within the same regional county municipality (RCM). Plantings must be monitored over a 10-year period. The objective is to achieve a survival rate of at least 80% of planted trees after 10 years. Follow-up reports must be provided after 1, 4 and 10 years. New plantings to replace dead trees must be planned from the 4th year of monitoring."

In other words, Transport Canada is committed to minimizing any potential environmental impacts associated with the construction of the rail bypass. A total of 138 environmental mitigation measures have been identified and incorporated into the project. These numerous mitigation measures stem, among other things, from the provincial environmental assessment process led by the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP), including the public hearings held by the Bureau d'audiences publiques sur l'environnement du Québec (BAPE) in July 2019. To these measures, 10 new ones have been added to comply with the federal Species at Risk Act. In addition, 52 new mitigation measures were identified and added by the rail operator, and a further nine were added by Transport Canada in light of the findings of the fall 2022 hydrogeological study.

The complete list of mitigation measures can be consulted online in the Discussion Guide: Public consultation - Lac-Mégantic bypass: https://tc.canada.ca/fr/transport-ferroviaire/voie-contournement-ferroviaire-lac-megantic/guide-discussion-consultation-publique-voie-contournement-lac-megantic.

Please note that the list that will eventually be published with the new mitigation measures will be somewhat different from this one and more detailed and will form part of the submission to the Canadian Transportation Agency (CTA), especially on Transport Canada's website once the CMQR has submitted its file.

More specifically, in response to Ms. Yolande Boulanger's concern that trucks travelling on roads in the area could cause damage, any possible damage to the road network caused by trucks travelling on the roads will be restored to their original state.

7. Environmental studies and public consultations

In general, the following points are intended to respond to the objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, Ms. Monique Lacroix and Mr. Kurt Lucas, Dr. Sébastien Raymond, Ph., D., Ing, M. Joël Chotte, M. Jacques Boulet, Coalition des Victimes Collatérales, M. Raoul Proteau, Me Arianne Tremblay, M. Roger Venne et M. Joseph Vallée, M. Richard Hallé, M. Gaétan Plante, Me Colette Rancourt, Me Yolande Vallée, Me Geneviève Dallaire, Me Sylvie Boucher, M. Emery Bélanger, Ms. Maude Lambert, Ms. Ginette Isabel and Mr. Daniel St-Pierre, Mr. Donald Stewart and oppositions from citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

On the environmental front, from 2018 to 2020, a provincial impact study was first conducted for the Lac-Mégantic rail bypass project. On September 2, 2020, on completion of this study, the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP) sent correspondence to Transport Canada, stating that the project was "environmentally acceptable". To ensure compliance with public expectations and best practices in environmental protection, the MELCCFP also drew up a list of recommendations for 138 environmental mitigation measures to be implemented as part of the project. On September 4, 2020, Transport Canada made a formal commitment to include these 138 mitigation measures in the project, and to carry out all the necessary follow-up to ensure that they are implemented as part of the project.

To assess potential environmental impacts, Transport Canada undertook several public consultations to develop mitigation measures (see section on destruction of wetlands and environmental protection). Several other environmental studies were carried out by independent experts, including:

• Lac-Mégantic Rail Bypass Project - Environmental Impact Assessment (December 2021, Golder)
• Addendum - Lac-Mégantic Rail Bypass Project - Environmental Impact Assessment (May 2022, Golder) 
• Hydrogeological investigation - Lac-Mégantic rail bypass - Lac-Mégantic QC (May 2022, Englobe) 

During the various public consultations, the people affected had the opportunity to comment on the conclusions of these different studies carried out as part of the project. These were also added to the environmental assessment process led by the MELCCFP, which included public hearings by the Bureau d'audiences publiques sur l'environnement du Québec (BAPE) in 2017 and again in 2019.

It is important to note that consultations were held throughout the environmental assessment process. In fact, a public consultation was held from January 21 to February 4, 2022, on the main structures, construction activities, committees, means of communication with stakeholders and, finally, the operation of the rail facilities.

Similarly, as part of the public consultation on hydrology and measures to mitigate the potential impacts of the Lac-Mégantic rail bypass project, held from October 24 to November 25, 2022, Transport Canada prepared the Discussion Guide: Public Consultation - Lac-Mégantic Bypass, which presented a summary of information related to hydrology and planned mitigation measures. In all, more than a hundred citizens took part in the various information sessions organized by Transport Canada as part of this consultation. During the sessions, affected municipalities, aboriginal communities and landowners had the opportunity to ask questions and voice their concerns. The exchanges and comments received provided a better understanding of citizens' concerns about groundwater contamination, not to mention the quality and quantity of well water.

According to Maude Lambert, at the public consultation on hydrology held in fall 2022, no residents of the Fatima sector of the City of Lac-Mégantic were invited to attend, even though the aqueduct network in this sector was shown in mauve on the Map of Areas of Influence.  However, it should be noted that in this map (Appendix 15 of the hearing officer's report), some streets in the Fatima sector are shown in mauve, since these residences are connected to Lac-Mégantic's municipal water supply system. In addition, since these residences are served by an aqueduct system, they are not at risk from a water supply point of view.

The questions and concerns raised during this public consultation will be the subject of a report to be submitted to the Canadian Transportation Agency (CTA) in the very near future. Mitigation measures for the bypass project will take into account the results of the public consultations and will be incorporated into the CTA application. Some measures may be modified or added, notably to consider the many comments received during the Public Consultation on Hydrology and Measures to Mitigate Potential Project Impacts held in October and November 2022. Central Maine and Québec Railway through its majority shareholder Canadian Pacific Kansas City (CPKC), is also updating the project's Environmental Impact Assessment Report to finalize the CTA application. In other words, Transport Canada is working with CPKC to obtain the required CTA regulatory approval for the project.

It should be noted that Transport Canada has gone beyond the environmental requirements normally required for this type of project, especially by implementing additional environmental mitigation measures. In fact, nine new measures have been added by Transport Canada in light of the conclusions of the above-mentioned hydrology study, to reduce the project's potential impacts on hydrology, including water supply and wetlands. These were presented during the public consultations. 

In 2019 and 2020, Transport Canada also carried out additional wildlife inventories to identify the presence of endangered species located in the future bypass corridor. Several bird species were targeted by these inventories, as well as chiropterans (bats) and salamanders. As a result of these studies, additional mitigation measures have been added to the project to protect these species and comply with the federal Species at Risk Act. Studies are also underway to comply with the Migratory Birds Regulations.

In conclusion, in order to protect the environment, the project includes numerous robust measures, not only during the construction period, but also when the bypass is in operation. The bypass project will also comply with all the regulatory standards and requirements required by the CTA, particularly in environmental terms, thanks to the numerous studies and consultations that have been carried out, and the mitigation and monitoring measures that will be put in place. The necessary authorizations will be obtained under the Fisheries Act and the Navigation Protection Act, as well as under the Canadian Navigable Waters Notice of Railway Undertakings Regulations. Transport Canada will continue to make every effort to respond to environmental questions, comments and concerns from members of the community.

8. Consultations with Indigenous communities 

In general, the following points are intended to respond to the grounds for opposition raised by: the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin

Since 2019, Transport Canada has been consulting with First Nations, including the Huron-Wendat Nation and the W8banaki Nation. Most recently, in September 2022, Transport Canada held sessions with both nations to gather their comments on the proposed environmental mitigation measures. The Huron-Wendat Nation and the W8banaki Nation provided comments and suggestions regarding certain mitigation measures. Transport Canada is keeping both Nations informed of the project's progress and continues to engage with them, particularly regarding the hydrological study, the archaeological update study and the First Nations' environmental requests.

Since 2019, and in order to respond more specifically to the concerns of the Huron-Wendat Nation and the W8banaki Nation regarding archaeology, Transport Canada has commissioned the firm Archéocène to carry out an archaeological potential study. This study was commented on by both Nations, and the comments were incorporated into the final report. In spring 2021, the firm Ethnoscop was awarded a mandate to carry out an archaeological inventory in the corridor of the future bypass road. Once again, both Nations were consulted in the drafting of the mandate for this inventory. The inventories will take place from late August 2021 to November 2021, and members of both Nations actively participated in the work, commenting on the inventory reports and the final report. Both Nations were very satisfied with the methodology, research results and numerous recommendations. A complementary dig has been scheduled for the summer of 2022. The final report indicates that further excavation would be superfluous. The two indigenous communities also expressed their agreement with this conclusion.

9. Canadian Transportation Agency (CTA) project approval

In general, the following points are intended to respond to the objections raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, Ms. Monique Lacroix and Mr. Kurt Lucas, Dr. Lucie Viau, the Coalition des Victimes Collatérales, Ms. Colette Rancourt, Ms. Yolande Vallée, Mr. Sylvain Côté, Mr. Donald Stewart and the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

Under Section 98 of the Canada Transportation Act, a railway company must obtain approval from the Canadian Transportation Agency (CTA) before building a new railway line. The CTA may then authorize construction if it determines that the location of the line is both suitable and reasonable. CTA approval is therefore required for construction of the Lac-Mégantic rail bypass. However, it should be noted that the project to acquire the land required for the bypass does not depend on the CTA's decision; a decision has been rendered on the authorizations required for the construction component of the project. Under the Expropriation Act, Her Majesty is under no obligation to retrocede the properties despite a favorable decision by the Minister of PSPCPSPC to confirm the expropriation. The federal government is committed to completing this project. However, should the CTA refuse to approve the construction project, the federal government will analyze the situation at the appropriate time, in accordance with the laws and directives governing federal real estate transactions.

For the CTA review and authorization, Transport Canada works directly with Central Maine and Quebec Railway(CMQR) and Canadian Pacific Kansas City (CPKC) to obtain the regulatory approval required for the project, for which CMQR is the applicant and ultimately responsible for implementing mitigation measures. However, given the unique nature of the file, Transport Canada plays a key role on behalf of the applicant. As part of this process, Transport Canada has conducted several public consultations, most recently on the hydrogeological report from October to November 2022. During the information sessions, municipal representatives and affected landowners had the opportunity to ask questions directly and share their concerns.

A consultation report outlining all the comments, concerns and suggestions made by members of the communities concerned is currently being prepared and will be submitted by CMQR and CPKC to the CTA as part of the project's application for regulatory approval. Transport Canada is currently working hard to finalize the environmental and hydrological consultation report required by the CTA. In fact, over the past several months, the process of obtaining the regulatory approval required by the CTA has progressed considerably. Once these key milestones have been achieved, the intention is to start the main construction initiatives as early as autumn 2023.

Finally, regarding the CTA's letter to CMQR (CPKC) dated December 13, 2022, Transport Canada would like to clarify that the CTA does not require new environmental studies, but rather an updated environmental effects assessment. Transport Canada is working closely with CMQR and CPKC to meet the new CTA requirements and finalize the application for approval.

Construction of the bypass can begin once the land acquisition process has been completed and all regulatory approvals have been obtained, including CTA approval. Nor is it atypical for projects of this scale for the CTA approval application to progress in parallel with the land acquisition process.

As mentioned, the CTA's decision is expected in the fall of 2023. In addition, once the Construction Contribution Agreement between Transport Canada and CMQR is concluded, CMQR will be able to issue the call for tenders to hire the general contractor, enabling construction to begin as early as fall 2023.

10. Project costs

In general, the following points are intended to respond to the objections raised by : Ms. Monique Lacroix and Mr. Kurt Lucas, Mr. Joël Chotte, Ms. Yolande Boulanger, Ms. Rita Boulanger and Mr. Raymond Savoie, the Coalition des Victimes Collatérales, Mr. Roger Venne and Mr. Joseph Vallée, Mr. Raymond Lafontaine for Les investissements Raypi inc, Mr. Daniel Poulin, Ms. Ann Élizabeth Veary, Mr. Gaétan Plante, Ms. Yolande Vallée, Ms. Geneviève Dallaire, Mr. Sylvain Côté, Ms. Sylvie Boucher, Mr. André Lefebvre, Mr. Marc Bédard, Mr. Emery Bélanger, Ms. Diane Laplante, Mr. Yvan Arsenault and the opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

It was on May 11, 2018, that the Prime Minister of Canada and the Premier of Quebec announced the launch of the Lac-Mégantic bypass project. At the time, the cost was estimated at $133 million. It was to be financed jointly by the federal government (60%) and the province (40%). At present, the total costs of the bypass project are being evaluated. They are therefore not available at this time. Total project costs will be finalized when the construction tendering process is completed.  While we would like to see this project completed as quickly as possible, we will be fiscally prudent, while exercising reasonable stewardship of public funds. Please note that revised costs will have to take into account recent engineering work, rising material costs, inflation, procurement issues, rising prices, particularly for labor, and many other factors. 

As mentioned above, current market conditions, such as rising material costs and supply chain issues, as well as the various project components, have changed considerably since the last estimate was made in 2018. It is therefore normal, in this context, to revise the project's construction costs upwards. The estimated budget will be used to finalize the plans and specifications, as well as the complete construction of the 12.5 km track. The budget will also cover work to raise the bridge over the Chaudière River, more extensive and imposing excavation work, as well as adjustments to certain private crossings (tunnel, level crossing, bridge), essentially to enable landowners to access their land on the other side of the bypass.

As part of the 2022 federal budget, $237.2 million was allocated to Transport Canada over five years, starting in 2022-2023, for the construction of the Lac-Mégantic bypass. As of April 2022, Transport Canada has spent approximately $19 million on the project. These costs include expenses related to the development of engineering plans, as well as environmental and technical studies carried out in the field. An order for materials, such as steel beams, of around $11 million has also already been placed.

It is important to mention that on December 20, 2022, the Prime Minister of Canada and the Prime Minister of Quebec agreed that, in the context of high inflation over the past several months, the increased risk of cost overruns, and significant changes to the scope of several infrastructure projects that will improve the lives of Quebecers and Canadians, the two governments would increase their planned funding for the construction of the Lac-Mégantic rail bypass, in the same ratios as initially announced in 2018. At the same time, the two premiers also reaffirmed their commitment to the construction of the bypass project.

In other words, the total costs of the bypass project are still being assessed in collaboration with Canadian Pacific Kansas City (CPKC) and are to be validated through a competitive bidding process. Revised costs will also consider recent engineering work, inflation, rising material costs and procurement issues, to name but a few factors that have increased significantly since 2018.

11. Railway safety

In general, the following points are intended to respond to the grounds for opposition raised by: the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec, Ms. Monique Lacroix and Mr. Kurt Lucas, Mr. Joël Chotte, Dr Lucie Viau, M. Jacques Boulet, Me Yolande Boulanger, Me Rita Boulanger et M. Raymond Savoie, M. Roger Venne et M. Joseph Vallée, M. Richard Hallé, Me Ann Élizabeth Veary, Mme Colette Rancourt, Me Yolande Vallée, M. René Boutin, Me Geneviève Dallaire, M. Sylvain Côté, Jean-Yves Fortin, Me Sylvie Boucher, M. André Lefebvre, M. Marc Bédard, M. Jean-Denis Cloutier, M. Emery Bélanger, Me Lise Grenier, M. Léonard Mason, Me Maude Lambert, Me Isabelle Boulanger, M. Daniel Poirier, Mr. Adrien Quirion, Mr. Richard Breton, Ms. Ginette Isabel and Mr. Daniel St-Pierre, Ms. Nicole Baron, Mr. Donald Stewart and opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

The chosen route for the right-of-way will ensure that trains leave downtown Lac-Mégantic for good. This request was made by the Lac-Mégantic community and remains the main objective at the heart of this project. The new Lac-Mégantic rail bypass will be safe. It will be built in compliance with all regulatory requirements, including Transport Canada's Railway Track Safety Rules, as well as all applicable safety standards and standards for Class 3 track, i.e. a maximum permissible speed of 40 mph. However, trains will also be able to travel at lower speeds, as several factors can influence the actual speed of trains travelling on a track, including physical characteristics such as terrain, gradient, curvature and temperature. In the course of their work, drivers may also consider other operational factors, such as the density of rail traffic, to determine a train's speed. Rail operators are therefore responsible for the safety of their rail operations and must determine the safe operating speed at all points on the track.

The railway company is also required to maintain the bypass infrastructure to the level prescribed in the Railway Track Safety Rules of the Railway Safety Act. It must adhere to rigorous safety standards, including track inspections. However, regarding more specifically the rules related to rail safety in Canada since the tragedy of July 6, 2013, when 47 people sadly lost their lives in this terrible accident, not to mention the complete destruction of downtown Lac-Mégantic, Transport Canada has put several measures in place to limit rail accidents.

For example, hiring more specialized rail safety inspectors, from 107 in 2013 to 155 in 2023, while carrying out more inspections, from an average of 20,000 per year in 2013 to around 35,000 per year in recent years. We have also made the use of hand brakes and rollover protection compulsory, as well as reducing train speeds and setting stricter requirements for track inspections.

In this regard, Transport Canada will continue to carry out regular inspections to ensure that infrastructure and rail operations on the new bypass are compliant with regulations. Transport Canada has a rigorous monitoring program, and in the event of non-compliance or a safety issue, the department will not hesitate to take enforcement action, up to and including fines and prosecution.

From now on, it will also be mandatory to have two people present when shunting trains carrying dangerous goods. Not only has Transport Canada strengthened the requirements for securing unattended trains, it has also tightened safety requirements for tank cars carrying flammable liquids. What's more, when railways transport certain high-risk dangerous goods, Transport Canada now requires them to have emergency response plans in place.

Transport Canada does not regulate train lengths. However, TC does monitor the underlying factors that determine train length. According to these underlying safety rules, railway companies must ensure effective braking capacity for the length of their trains. Moreover, they must in no way block or obstruct level crossings for more than five minutes when pedestrians or vehicles are waiting to pass.

Railway companies must both ensure the safety of their rail operations and comply with all regulatory requirements. As for Transport Canada, we carry out regular inspections to ensure that railroad companies comply with the various rules in place across Canada.

12. Residents' health and safety

In general, the following points are intended to respond to the objections raised by : Ms Monique Lacroix and Mr Kurt Lucas, Dr Sébastien Raymond, Ph., D., Ing, Mr Joël Chotte, Dr Lucie Viau, Mr Jacques Boulet, Ms Yolande Boulanger, Ms Rita Boulanger and Mr Raymond Savoie, Mr Raoul Proteau, Ms Arianne Tremblay for Cabane à sucre Mégantic S.E.N.C., M. Renaud Martineau, M. Réjean Roy, Mme Linda Proteau, M. Léon Ducharme, M. René Boutin, Me Geneviève Dallaire, M. Sylvain Côté, Me Sylvie Boucher, M. Marc Bédard, M. Emery Bélanger, M. Léonard Mason, M. Richard Breton, Me Nicole Baron, M. Donald Stewart and opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

With regard to the health of residents affected by the bypass project when it is commissioned, Canadian Pacific Kansas City (CPKC) has carried out a noise impact study for construction activities in the various sensitive sectors, i.e. for residences located within 300 meters of the construction zone. In response to Mr. Sylvain Côté's objection to the possible absence of a vibration study, it should be mentioned that a noise and vibration study was carried out by the specialized firm Golder (now WSP Golder), validating the train's compliance with the Canadian Railway Safety Act.

As examples of mitigation measures, we can mention that noisy work should preferably be carried out between 7 a.m. and 7 p.m., Monday to Saturday. Authorities and residents will also be notified of noisy activities (such as blasting), and the noisiest equipment will be located as far away from residential areas as possible. All motorized and hydraulic equipment will have to be fitted with silencers, sound enclosures or noise suppression devices, while back-up alarms will have to be of variable intensity with white noise and strobe light. The use of engine brakes will be prohibited, while engine shutdown will be required for waiting vehicles, depending on outside temperature and season. Other noise abatement measures will also be implemented before and during construction. In addition, to control air pollution, a dust abatement system will be deployed in areas where dust could become a nuisance for residents.

After construction, noise barriers will reduce the noise and vibration caused by passing trains. Acoustic experts determined the location of the noise barriers to ensure that all Health Canada (HC) guidelines for acceptable noise levels were met. In response to the objection raised by Mr. Raoul Proteau, noise barriers or walls will be installed along the track near sensitive areas.

In terms of public safety, please note that the bypass project will deliver some significant safety improvements over the existing roadway. In particular, the project will significantly reduce the number of level crossings and the number of residences, businesses, and buildings in the vicinity of the track, from 258 to 18 within 100 meters of the railway right-of-way. It should also be noted that the bypass track will be designed to Class 3 standards, i.e. the maximum permissible speed will be 40 mph. However, trains will also be able to run at lower speeds. In addition, the rail operator will have to comply with all applicable laws and regulations associated with maintaining rail safety on Canadian territory (for more information, see the section on Selection of the right-of-way location).

Then, to ensure that local road safety is respected during construction, traffic management schemes and plans will be drawn up.  Project mitigation measures are also designed to ensure compliance with these plans. For example, adequate and clear signage will be established during construction, in conjunction with the Sûreté du Québec (SQ), and the Ministère des Transports et de la Mobilité durable (MTMD) will also be informed. Temporary road closures will be kept to a minimum, and appropriate measures will be taken to direct users and emergency vehicles to bypass routes. Through newsletters, e-mails and the local media, people living near the construction site will be kept informed of the work schedule, possible changes in planning and progress, and traffic constraints.  Finally, the general public will also be informed of the progress of the work, not forgetting the schedule, which will be planned to avoid work during rush hours as much as possible, and thus minimize disruption to local traffic. Similarly, during construction of the bypass, any damage to the road network caused by trucks using the roads will be both repaired and restored to their original condition.

In addition, some of the rock excavation work will be carried out using a blasting method. This work will generate a certain level of vibration in the ground, as well as a drawdown of groundwater that may, in some cases, lead to soil compaction. Considering the potential impact of these two effects on existing buildings, mitigation measure #119 calls for a building inspection to be carried out in areas deemed to be at risk prior to the start of blasting operations, and for the use of a maximum quantity of explosives depending on the distance from the buildings. A plan to this effect, approved by an engineer, must be submitted to Transport Canada before work begins. In the exceptional event of damage to buildings as a result of the work, a process will be implemented to compensate the owners affected.

Instruments to measure wave propagation velocities during detonations must also be installed. The vibration monitoring method and frequency calculation must be approved by a specialist engineer. The Government of Canada will also engage the services of a vibration consultant to determine the need for vibration mitigation measures to protect the two Pie-XI Street residences located within 75 meters of the bypass.

With regards to the mental health of people living near the construction work or the bypass, recurring annual funding will be granted to the psychosocial team, which was set up in 2013 by the Direction de santé publique de l'Estrie (DSPu), notably to support the mental health of the local population. This funding ensures the continued hiring of a professional. In addition, non-recurring funding of $365,000 is to be granted to the Direction de santé publique (DSPu) de l'Estrie for a follow-up study of the psychological and social impacts, to be carried out jointly with the Institut national de santé publique du Québec under the coordination of the DSPu Estrie.

The Lac-Mégantic bypass project will generate a number of changes to local roads and traffic. Indeed, with regard to the grounds for opposition concerning possible road safety issues related to the closure of 11th Rang, the increase in traffic on 10th Rang and the intersection with Route 161, not to mention the response time of emergency services, raised by Ms. Rita Boulanger and Mr. Raymond Savoie, Mr. Réjean Roy, Ms. Linda Proteau, Mr. Sylvain Côté and Mr. Marc Bédard, it is necessary to mention that these road closures are the result of several studies. For example, the decision to close rue Pie XI was made by the City of Lac-Mégantic during the development of the bypass project. What's more, a traffic and road safety study was carried out for the 10th Rang traffic and for the Pie-XI closure, to confirm the proposed new configuration. This study was shared with and accepted by the road authorities concerned.

Regarding the grounds for opposition related to civil security, such as forest fires or the situation in the Lac-Mégantic industrial park, more specifically for the Tafisa company's facilities, raised by Mr. Joël Chotte, Ms. Rita Boulanger and Mr. Raymond Savoie, Ms. Sylvie Boucher and Mr. Emery Bélanger, we would like to point out that the safety of rail transport in Canada is of paramount importance to Transport Canada. Considerable progress has been made since 2013. The safety of transporting dangerous goods such as crude oil has been transformed. For example, new tank cars are more resistant and old ones have been phased out. Transport Canada has also doubled the number of rail safety inspectors and tripled the number of dangerous goods inspectors.

13. Communicating with the public and responding to concerns

In general, the following points are intended to respond to the grounds for opposition raised by : Ms. Monique Lacroix and Mr. Kurt Lucas, Dr. Lucie Viau, Mr. Jacques Boulet, Ms. Yolande Boulanger, Ms. Rita Boulanger and Mr. Raymond Savoie, Ms. Arianne Tremblay for Cabane à sucre Mégantic S.E.N.C., Mr. Roger Venne and Mr. Joseph Vallée, Mr. Raymond Lafontaine for Les Investissements Raypi inc, Mr. Renaud Martineau, Mr. Richard Hallé, Mr. Daniel Poulin, Mr. Gaétan Plante, Mr. Sylvain Côté, Mr. Magella Roy, Mr. Emery Bélanger, Ms. Josée Morin, Ms. Maude Lambert, Mr. Daniel Poirier, Ms. Ginette Isabel and Mr. Daniel St-Pierre, Ms. Nicole Baron, Mr. Donald Stewart and opposing citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin.

Transport Canada is committed to transparency and to keeping the residents of Lac-Mégantic, Nantes and Frontenac informed of the various stages of the project. Transport Canada made sure to maintain direct communication with the various stakeholders, community organizations and municipal representatives, not to mention the landowners directly affected by the project and citizens in general.

To ensure the best possible integration of the project within the various communities, Transport Canada has always made and will continue to make every effort to respond to questions and concerns from the general public. To this end, Transport Canada has put in place several initiatives to ensure the best possible social integration of the project, and to solidify its communication efforts with communities, particularly in response to the need expressed by citizens and local elected officials to be better informed about the evolution and progress of the bypass project.

First of all, Transport Canada has developed a "Questions and Answers" section on its website that is essentially dedicated to the bypass project. This section provides clear, direct answers to the questions most frequently asked by the public. The website provides information to keep the community informed on a regular basis of the project's progress and next steps. The website is updated regularly. It is available at the following address: https://tc.canada.ca/en/rail-transportation/lac-megantic-rail-bypass. A generic e-mail address has also been created to enable the public to ask questions directly to Transport Canada, or to request copies of project documents (TC.InfoLacMegantic.TC@tc.gc.ca). In addition, since the beginning of the project, Public Services and Procurement  Canada (PSPC) has made available to landowners a generic mailbox (TPSGC.RQMegantic-QRMegantic.PWGSC@tpsgc-pwgsc.gc.ca) and a toll-free number, 1-833-381-1630, to answer questions about land acquisition.

Then, to ensure transparency and information sharing at all times, Transport Canada publishes and distributes newsletters to all residents of Lac-Mégantic, Nantes and Frontenac. The purpose of these newsletters is to inform the public of upcoming activities and the next steps in the project: public meetings, consultation sessions, important dates, updates on land acquisition, drinking water well maintenance, local announcements, land studies and any other relevant information. Newsletters are distributed on a regular basis. Transport Canada aims to incorporate community feedback as much as possible in order to improve its communication tools.

Transport Canada also shares important information and updates with members of the community through its social media accounts (Facebook, Twitter). At the same time, Transport Canada works closely with local mayors to ensure they have the information they need to keep their websites and social media pages up to date.

As previously mentioned, regular updates will continue to be provided to keep citizens informed of progress. The main tools for keeping affected communities informed will continue to be the bypass website, which also includes a Q&A section, the newsletter that Transport Canada is mailing directly to the mailboxes of the population of the three municipalities concerned (Lac-Mégantic, Nantes and Frontenac), and the various social media accounts. This sharing of information is particularly important for responding to questions and concerns from the public. In addition, public events by Canada's Minister of Transport and ministerial statements are recommended to announce key next steps in the project, such as the start and end of construction of the bypass, for example.

At this stage, Transport Canada is still assessing communication needs during this phase, as well as during the construction phase. Transport Canada is looking at options for keeping residents informed, as effectively as possible. For example, Transport Canada could hire a specialized communications firm to help organize regular information sessions for the public, develop strategies, and develop targeted communications products to keep the community well-informed about the progress of the project (website, local newsletter, social networking page).

In the fall of 2021, at the request of the three communities, Transport Canada and Public Services and Supply Canada (PSPC) increased their presence in Lac-Mégantic itself. Representatives of both departments were present, on a regular basis, at the Service Canada offices in Lac-Mégantic. Landowners affected by the land acquisition project can still request face-to-face meetings to have their questions and concerns addressed.

In addition, Transport Canada is in constant communication with the mayors of the surrounding municipalities (Lac-Mégantic, Frontenac and Nantes), to put in place targeted mitigation measures to address the various concerns of their respective communities.

Throughout the project, Transport Canada prioritized community engagement with stakeholders, representatives of community members and local organizations. Public consultations, community meetings, coordination activities and local newsletters were organized and developed to keep communities informed. Representatives of Public Services and Procurement Canada (PSPC) also visited Lac-Mégantic on a regular basis to meet with individual landowners and discuss the progress of the land acquisition process. As mentioned, Transport Canada will maintain a PSPCe in the Service Canada offices in Lac-Mégantic, notably to facilitate meetings with members of the community, as required and requested, until construction of the bypass is completed.

Since 2017, several public consultations have also been held to inform people in the community about the various facets of the Lac-Mégantic bypass project. Here is a non-exhaustive list of the public consultations held since 2017:

• May 2017: The Bureau d'audiences publiques sur l'environnement (BAPE) holds its first public hearing on the project. BAPE submitted its report two months later, in July 2017, which presented the social, economic, and environmental benefits and advantages of the future bypass.  
• June 2019: Start of Transport Canada's consultation process with Aboriginal nations: Huron-Wendat Nation and W8banaki Nation.  
• July 2019: The Bureau d'audiences publiques sur l'environnement (BAPE) holds a public hearing on the project, based on the pre-project study report and the environmental impact study by infrastructure consulting firm AECOM.  
• January-February 2022: Transport Canada organized a public consultation on the project, including two virtual information sessions.  
• October-November 2022: Transport Canada invited members of the public to comment in writing not only on the mitigation and monitoring measures proposed in the hydrogeological report, but also on the environmental impact assessment report, which outlined the project's potential impacts on the region's groundwater, environment, and wetlands.

Transport Canada meets frequently with the three mayors of the municipalities affected by the project (Lac-Mégantic, Frontenac and Nantes), in addition to meeting with Lac-Mégantic representatives every two weeks to discuss technical issues. The main purpose of these meetings is to discuss community concerns and potential solutions, as well as the next steps in the project. In short, all the communication activities that Transport Canada has put in place over the past few years will ensure that the public is kept informed of the project's progress in a responsible and effective manner. These communication activities are carried out in collaboration with the various partners, while ensuring the safety of the citizens affected, the security of rail transport and the protection of the environment, not forgetting the community, social and even economic reconstruction of Lac-Mégantic and the surrounding area.

It is important to add that Transport Canada also maintains communications with the Fédération de l'UPA-Estrie (UPA-Estrie). For example, Transport Canada meets with representatives of the UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec (SPFSQ) every six weeks or so, in particular to keep them informed of the major stages of the project and to gather the concerns of their members.

During the public hearings, Mr. Sylvain Côté, Mr. Daniel Poulin, Ms. Josée Morin and the citizens' objections represented by Mr. Daniel Larochelle, Mr. Frédéric Paré and Mr. Jean-Claude Boutin, mentioned grounds for objection concerning the advance notice given to landowners during tests carried out by experts, and the failure of the latter to restore the land following these same tests. Transport Canada sends letters to the owners concerned the week before the tests, and a telephone call is sent out 48 hours beforehand, in particular to warn owners of the experts' possible visit to their land. And for those who wish, the engineering firms Englobe or WSP can contact them directly to set up an appointment for a specific date and time, if required. In other words, written notices are sent to affected owners, in addition to a telephone call prior to the expert's visit. As for the restoration of land damaged as a result of these tests, Transport Canada has taken note of the complaints of certain owners and is committed to rectifying the situation, by improving its communication protocol with the various players involved in the project, among other things.

The following paragraph responds to the objections raised by Mr. Sylvain Côté, Mr. Emery Bélanger, Ms. Monique Lacroix and Mr. Kurt Lucas, Arianne Tremblay, Raymond Fontaine, Ms. Josée Morin and the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin with regard to the mutual agreement negotiations, the government tabled the first compensation offers to affected landowners in October 2021. The negotiation period was extended three times to give affected owners more time to analyze their offers, obtain expert advice and obtain appraisals for the sale of their property. Following the submission of offers, the government contacted each landowner to set up meetings and address any questions and/or concerns. In addition, government representatives were present at a Lac-Mégantic office on a regular basis and upon request, to meet with owners and discuss the offers submitted.

In response to the grounds raised by the Fédération de l'UPA-Estrie and the Syndicat des Producteurs forestiers du Sud du Québec and the objections of citizens represented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin to the effect that the decision of the Commission sur la protection du territoire agricole du Québec (CPTAQ) had still not been confirmed, and the impact of this on the negotiated and accepted offers to purchase : Several lots are located in agricultural zones and are therefore subject to the agricultural land protection regime instituted by the Act respecting the preservation of agricultural land and agricultural activities in Quebec (CQLR, c. P-41.1). Very early in the project, a request for authorization to allow alienation and use for purposes other than agriculture was made to the Commission sur la protection du territoire agricole du Québec (CPTAQ). The CPTAQ issued a favorable decision on November 4, 2020, authorizing the disposal and non-agricultural use of the land required for the Lac-Mégantic rail bypass project. However, on December 4, 2020, the Fédération de l'UPA-Estrie (UPA-Estrie) filed a motion with the Tribunal administratif du Québec (TAQ) to contest the CPTAQ's decision, thereby suspending the execution of the favorable decision. It wasn't until April 11, 2023 that the TAQ issued a decision rejecting UPA-Estrie's challenge, stating that a difference of opinion between UPA-Estrie and the CPTAQ does not result in an error of law. The CPTAQ's November 4, 2020 decision was then upheld by the TAQ. UPA-Estrie had until May 11, 2023, to request permission to appeal the TAQ's decision to the Court of Quebec, which it did not do. The Government of Canada had no control over the effects, timing or outcome of this challenge by UPA-Estrie.

In response to Me Paré's, Me Boutin's and Me Larochelle's objections concerning delays in the expropriation process: The expropriation process is indeed a very rigorous and expeditious one. The deadlines, stages and procedures are all entirely determined by the Expropriation Act (Act). In carrying out this process, the Minister and the Department of Public Services and Procurement Canada (PSPC) have no room for maneuver. In this case, the process as established by the Act was followed to the letter.

In response to the grounds of opposition presented by Me Daniel Larochelle, Me Frédéric Paré and Me Jean-Claude Boutin to the effect that it is not specified under which legislative process the expropriation was initiated: The railway bypass project is a project of the Government of Canada and not a project emanating from a railway company as defined in section 4.1 of the Expropriation Act (Act). This section applies only when a railway company has been unable to purchase a property it needs for a railroad. When the railway company is unable to acquire the property for its own needs, it can request that Transport Canada (TC) apply to have the Crown expropriate the property. However, the Government of Canada hereby confirms that the request to initiate an expropriation process for the construction and operation of the Lac-Mégantic rail bypass stems from subsection 4(1) of the Act and not from subsection 4.1(1). Consequently, the process under section 4.1 of the Act did not have to be followed.

14. Insurance issues

In general, the following points are intended to respond to the objections raised by: Ms Pauline Roy, Me Paré, Fédération de l'UPA-Estrie, Syndicat des Producteurs forestiers du Sud du Québec and M. Raoul Proteau.

The Government of Canada has provided the eight owners involved in a crossing (representing five crossings, either at-grade, tunnel, or bridge) with a draft crossing agreement to enable them to share the document with the insurance companies, in order to fully understand the insurance requirements. This document was also shared to enable owners to obtain compliant insurance premium quotes, and then share them with the government, which will compensate the owner in perpetuity for the additional costs incurred by this new insurance. The Government of Canada is aware that several insurers have refused to insure owners but has not provided reasons for their refusal. Transport Canada is actively working with the owners concerned to find solutions.

In addition, it is important to protect affected landowners in the event that they cause damage to the infrastructure of Chemins de fer du Centre du Maine et du Québec Canada Inc (CMQR), whose majority shareholder is Canadian Pacific Kansas City (CPKC). The Government of Canada wants to ensure that landowners will not be financially burdened by the insurance coverage required to use the private crossings. The level of insurance required is $2 million, which is standard practice for civil liability. If homeowners' insurance coverage increases, the increase will be borne by the Government of Canada, and compensation will be offered to homeowners.

15. Economic impacts

In response to the objection raised by the Municipality of Frontenac concerning a potential drop in municipal tax revenues, properties located along the current corridor could theoretically see the market value of their property increase as a result of the track's dismantling, which in turn could generate higher taxes for municipalities. Moreover, it should not be overlooked that the properties located near the current corridor, that will become inactive, are closer to downtown, and so the gain in value will essentially be greater than the loss generated by the development of the new track, which is located in a rather forested and agricultural area. In addition, although the Crown is exempt from the municipal taxes, it should be noted that the land will quickly be transferred to Central Maine and Quebec Railway (CMQR). CMQR will have to pay the municipal taxes relating to the use of the land. Therefore, municipalities will be able to continue to collect revenues from the land required for the rail bypass.

16. Compensations

In general, the following points are intended to respond to the objections raised by Ms. Ariane Tremblay, Mr. Raymond Lafontaine, Mr. Michel Dallaire, Mr. Sylvain Côté, Mr. Roger Venne, Mr. Renaud Martineau and Mr. Daniel Poirier.

Offers of compensation are prepared by an independent chartered appraiser and paid for by the Government of Canada. In addition, the offers are based on information gathered from landowners, appraisers, surveyors and even forest engineers. Compensation offers consider the market, which already encompasses all the elements influencing a property's market value.

Offers of compensation to owners are governed by a strict legal framework in accordance with the Expropriation Act. Unfortunately, this compensation framework does not allow compensation for moral damages to be offered to owners. However, the government can offer compensation for costs, expenses and losses incurred by the owner, including relocation. In addition, compensation may be paid when the damage is caused directly by the acquisition of the parcel of land (loss of residual land value, loss of access to a building, loss of rental income, etc.).

Each offer of compensation is made based on the specific situation of each owner and right holder. In this way, the government ensures that it offers adequate compensation within the framework of the Act, considering the specific characteristics of each owner and right holder.

In accordance with the Expropriation Act, compensation is intended to compensate only those owners and rights holders directly affected by the acquisition of the land required for the bypass route.

17. Tafisa Canada Inc.

Although Tafisa Canada Inc. made no representation at the public hearing, it submitted a written objection. In response to its grounds for opposition, alleging a procedural defect in which no negotiations were possible prior to the notices of intent to expropriate: The Expropriation Act does not presume that any negotiations whatsoever must be made with the concerned landowners prior to the registration of a notice of intent to expropriate. Consequently, there was no procedural defect, as mentioned by Tafisa Canada Inc.