Report - Agence canadienne d'évaluation environnementale

Territorial context of the project
It is not the Panel’s responsibility to settle this dispute between the two municipal
administrations. This dispute will nonetheless have to be resolved in the case where the
project is authorized. As for the dispute regarding the project’s compliance with the
Lévis by-laws, it will be up to the courts to settle the matter, and not the Panel. This
being said, the Panel notes that these litigious issues bear witness to the opposition to
the project among the citizens living near the sector proposed for the project.
♦ Finding — The Panel found that the City of Lévis considers that the project respects
its land use planning and development by-laws, except for two modifications that it
qualifies as minor. The Panel notes however those citizens in Lévis and Beaumont
who live near the project site have taken legal action before the Superior Court to
declare the project not in conformance with Lévis’ zoning by-law.
♦ Finding — The Panel noted a dispute between the Municipality of Beaumont and the
City of Lévis regarding application of Beaumont by-law 523 prohibiting storage of
gaseous or liquid methane and liquefied natural gas in Beaumont and within a 1-km
radius beyond that land, which encompasses the sector in Lévis proposed for the
project.
Evolution of the land use framework
In its analysis, the Panel took into account the process of preparing and revising the
legal instruments which govern land use and development. This process was referred
to by both those who support the project and those who oppose it. The former submit
that the industrial and port vocation of the Ville-Guay sector was planned a long time
ago. The latter consider that, since industrial and port projects have not yet been
developed, Ville-Guay should be dedicated only to its existing uses.
In 1994 the former MRC of Desjardins had undertaken the revision of the 1987
development plan. A revised plan was proposed and adopted as a by-law on
November 28, 2001. However, since it never received ministerial approval, that
revised plan was never applied. After the January 2002 merger, the new City of Lévis
started the revision process again. Despite a proposal dated December 23, 2004, the
second revision process was interrupted in fall 2005 (DB61, p. v; DQ32.1; DC86.1,
p. 13).
With the Act to amend various legislative provisions concerning municipal affairs (S.Q.
2006, c. 60, s. 131 and 132; DB94.2), Lévis is now obliged to adopt a plan for its
entire territory by June 14, 2007 at the latest. In order to comply with this obligation,
on February 7, 2007, Lévis adopted a second proposed land use and development
plan, which it must submit to public consultations (DB105).
104 Rabaska Project – Implementation of an LNG Terminal and Related Infrastructure