Lac-Mégantic Bypass Project Proving Problematic (UPDATED Feb. 21)

Transportation Safety Board of Canada photo

Nearly 10 years after Lac-Mégantic, the crude-oil train wreck that claimed 47 lives and led to new tank car regulations in Canada and the U.S., problems persist in the efforts to build a bypass around the bucolic Quebec village—namely, land acquisition to construct the right-of-way, a joint effort of the Canadian federal and Quebec provincial governments and Canadian Pacific Railway, which now owns and operates the railroad. On Jan. 17, Canadian Minister of Transport Omar Alghabra said he had decided not to extend the “mutual negotiation period” with the remaining impacted landowners after doing so three times, so that the project can move forward. On Feb. 14, he delivered on his decision. However, on Feb. 19 residents of Frontenac, a neighboring town, voted down the bypass project.

“The completion of the Lac-Mégantic bypass remains a priority for our government,” said Alghabra in a Feb. 14 statement. “This will finally mean that no trains will travel through downtown Lac-Mégantic. Today, we are at a turning point in the advancement of this project. Important steps must be made now so that the rail bypass becomes a reality as soon as possible, including the acquisition of the necessary parcels of land for the project. These lands are essential to the construction of the bypass.”

Alghabra, stating that “as Minister, I have to make decisions, and sometimes they are very difficult decisions; the one I am announcing today was particularly challenging,” notified residents whose property is subject to what amounts to eminent domain that Canada’s federal government is taking legal steps to move the project forward.

Alghabra has “asked the Minister of Public Services and Procurement Canada, Helena Jaczek, to initiate the expropriation process in order to acquire the necessary lands for the construction of the Lac-Mégantic rail bypass. The request was accepted by Minister Jackzek, and a notice of intent to expropriate was published today in the Registre foncier du Québec (Quebec’s land registry) for the land parcels required for the project. Over the past few hours, Public Services and Procurement Canada has contacted landowners by e-mail or telephone to inform them of this notice. The landowners have also been made aware that they will receive an official notice by registered mail. This official notice will contain detailed information about the expropriation process and what it means for each landowner.”

Alghabra implied that the land acquisition process has been frustrating: “The Government of Canada was firmly committed to reach an agreement with all landowners affected by the acquisition process,” he said. “Since the beginning of negotiations in 2021, we have extended the negotiation period three times to allow landowners more time to properly evaluate their offer, to use the services of experts, and to obtain reports related to the value and sale of their property, if necessary, while fostering constructive exchanges during the negotiations. Unfortunately, for various reasons, the Government of Canada has not been able to finalize purchase and sale agreements with all the landowners.”

Alghabra added that he “understands that some of the landowners are angry, saddened or anxious about this decision. Believe me, it was not taken lightly. However, we must not lose sight of the project’s core objective, eliminating trains travelling through downtown Lac-Mégantic. To make this project a reality, we must move forward. I would like to assure the landowners that we will be at their side throughout this process. We will continue to answer their questions and work with them every step of the way. Our government remains committed to providing landowners with fair and equitable value for their properties.”

Alghabra recently visited Lac-Mégantic, Nantes and Frontenac, meeting with the mayors—Julie Morin, Daniel Gendron and Gaby Gendron—as well as with François Jacques, MNA (Member of the National Assembly)for Lac-Mégantic. “I heard the various perspectives and reiterated that we want to continue working together in a constructive manner,” he stated. “I also had a very emotional meeting with citizens who lived through the tragedy and who told me how much they are counting on our government to make this bypass a reality. The decision to proceed with the expropriation, as difficult as it is, is my commitment to the community members who want this project to move forward, especially as we mark the 10th anniversary of the tragedy in July of this year. Our government is fully committed to this project, and we will remain so until it is completed.”

According to The Canadian Press, via a CTV News report, “Frontenac—where some residents are facing having their land expropriated—confirmed that 92.5% of nearly 700 eligible residents opposed the Lac-Mégantic bypass project in a referendum held Sunday [Feb. 19].”

Frontenac Mayor Gaby Gendron “said his town’s residents feel the federal government has brushed aside their concerns over the rail bypass, which he said could cut some landowners’ territory in half and destroy large swaths of wetlands.”

“Given the results, ‘it’s absolutely certain the municipal council will oppose the project by all possible and legal means,’ Gendron said in a phone interview Monday.”

According to the Mayor, “many people are worried about the potential impact of construction on wells and the water table, and the government hasn’t provided satisfactory answers to ease those fears. He said his town was in favor of another route—one that would have gone around Frontenac and caused less disruption—but the government didn’t consider it,” CTV News reported.

In January, the town of Nantes also passed a resolution opposing the route, following a citizen survey and petition, according to CTV News.

While the impact of the Frontenac referendum is not clear, according to CTV News, “Gendron said he’ll meet with council to discuss future steps. But he noted that anyone can contest the notices of intent to expropriate sent out by the federal government, which should trigger a public hearing.”

Lac-Mégantic Mayor Julie Morin “said her town council does not wish to interfere in other towns’ choices,” CTV News reported. “‘The fact remains that for the population of Lac-Mégantic, the need for the construction of the railway bypass remains, both for the safety of citizens and for social recovery,’ she wrote in a statement. Morin said that while it is ‘impossible’ to reach total consensus on such a large project, she urged the federal government to put in place as many mitigation measures as possible to minimize the impact of the bypass on citizens from all the affected towns.”

Railway Age Executive Editor Marybeth Luczak contributed to this report.