Quebec Ag. Commission to reconsider decision to reject Quebecor build

The Commission for the Protection of Quebec’s Agricultural Territory will reconsider its July 2021 move to reject an application made by Quebecor Inc.’s Videotron to build a freestanding telecommunications tower and a power line in Mascouche, Que. In a French-language decision issued Wednesday, the commission ordered a new review for Videotron’s request after it found that it erred in basing its decision off Article 6.1 in the Act Respecting the Protection of Agricultural Territory and Activities. The article of the act states that it may reject applications on the sole ground that there are available and suitable spaces to build on outside an agricultural zone. In July, the commission received a request by Videotron to authorize the construction and operation of a 76 metre-high freestanding telecommunications tower and a power line, all covering an area of approximately 1,144 square metres. During a preliminary meeting before the July decision was issued, the municipality of Mascouche told the commission that “there is no suitable space available on municipal territory and outside the agricultural zone to allow the expansion of telecommunications network coverage in the sector in question,” according to a translation. However, the commission later found that there was a site outside the agricultural zone which “would have been preferable and that the owner has consented to the construction of the tower since 2012, but for which the municipality of Mascouche did not give its approval,” according to a translation of the commission documents. The municipality allegedly opposed the use of the property because it “would be targeted for future development.” The commission also found during that time that there was a second site, outside the agricultural zone, which would have been preferable to Videotron, however, the second site's owner did not want the presence of a tower. “The mere fact that the owner does not want this new use on his property does not constitute a reason that goes beyond the provisions and criteria of the Act; the latter being in the public interest, it outweighs the private interest,” the commission wrote in its initial July decision, according to a translation. In August Videotron requested a review of the decision arguing there was in fact an absence of appropriate spaces available due to prohibitions imposed by the zoning by-laws of Mascouche. “The concept of ‘appropriate available space’ must take into account the regulatory and factual context specific to telecommunications companies,” Videotron argued to the commission. The commission, in its Wednesday decision found that Mascouche's zoning by-laws do not authorize the construction and operation of the tower sought by Videotron. As a result, the two potential sites outside of the agricultural zone “cannot constitute ‘appropriate available spaces’” as described in the agricultural act – spaces which would have prevented Videotron from building inside the agricultural zone. The commission therefore granted Videotron's request for review. A new hearing will take place at a later date. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

Quebec Ag. Commission to reconsider decision to reject Quebecor build

News | January 21, 2022

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Quebec Ag. Commission to reconsider decision to reject Quebecor build

News | January 21, 2022

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