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Bureau d'Audiences Publiques sur l'Environnement

BUREAU D'AUDIENCES PUBLIQUES SUR L'ENVIRONNEMENT

ÉTAIENT PRÉSENTS: M. CAMILLE GENEST, président
M. CHARLES CLOUTIER, commissaire
M. JEAN PARÉ, commissaire

AUDIENCE PUBLIQUE
SUR LE PROJET DE PROJET DE PROLONGEMENT
DU GAZODUC TQM
DE LACHENAIE a EAST HEREFORD
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ENGLISH VERSION

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DEUXIˆME PARTIE
VOLUME 2
Séance tenue le 30 juillet 1997, à19 h
Hôtel Le Castel
901, rue Principale
Granby

TABLE DES MATIèRES
SÉANCE DU 30 juillet 1997
MOT DU PRÉSIDENT
LE PRÉSIDENT:

PRÉSENTATION DES MÉMOIRES:
M. JEAN-GUY RAYMOND, M. MICHEL SAUCIER et M. RENÉ WALASZCZYK
M. JEAN-MARC SAINT-HILAIRE
MME DENIS BRODEUR-RIENDEAU
MME LUCETTE DEPADOVA et M. GIRARD DE LABADIE
MME DENISE SAVAGE
M. JEAN-CLAUDE CHAPLEAU
M. JEAN-SÉBASTIEN CHAPLEAU
M. LUCIEN RIENDEAU
M. NORMAND FORTIN

DROIT DE RECTIFICATION:

M. JEAN TRUDELLE

SOIRÉE DU 30 JUILLET 1997

MOT DU PRÉSIDENT

THE CHAIRMAN:

Good evening, ladies and gentlemen, welcome to the second portion of these public hearings on the extension of the TQM gas line from Lachenaie to East Hereford. My name is Camille Genest, Chair of this Commission. I'm assisted by Jean Paré and Mr. Charles Cloutier, members of the Bureau.

There are the members of the team: Mme. Danielle Paré, analyst; Mylène Savard, secretary; and Mme. France Carter, secretary also; the stenographers, Mme. Rinaldi for the English portion and the transcription. The interpretation services are under the responsibility of Mme. Debra Stoppel. The technical services are insured by the Ministry of Immigration and Intercultural Relations lead by Mr. Daniel Moisan and Mr. Jean Métivier.

The second portion of this BAPE consultation process covers the submission of briefs to the Commission. You can present your briefs verbally or by filing them with an explanation. Anybody from a municipality or group that wants to take a position on the project or on any element related to the file can do so. The participants can submit their briefs based on an order agreed upon with Mrs. France Carter beforehand.

All documents related to the second portion will be available at the consultation centres, as well as the transcripts as soon as possible. These consultation centres are located at the Coaticook library, Memphremagog library in Magog, municipal library in Ste- Julie, municipal library in Granby, the centre communauté Roussin reception, as well as at the office of the BAPE in Quebec City and Montreal, and in the central library of the University of Quebec in Montreal. The relevant documents will be available in the public hearings behind the room with the secretary of the Commission.

Just a reminder with respect to the impact assessment process and the role of the BAPE, the first portion of the hearings were the participants who wanted to were able to ask questions to the Commission, and these were then asked to the developers as well as different resource people who were available to the Commission. Additional questions were forwarded to the latter after the first portion of the hearings, and answers were filed at the consultation centres. A few answers are still being awaited, but most of the questions have been answered.

This evening, we are starting the second portion which has to do with the issue of notices and opinions on project. Once this is over, the Commission will analyze it and integrate into its own analysis on the project. The analysis and recommendations of the Commission will be filed in a report submitted to the Minister of Environment and Wildlife on November 9th. According to the regulations, the Minister has sixty (60) days to make the report public.

Now, with respect to the schedule for the second portion, it is as follows. We held a first session in Montreal on July 28th, Monday. This evening, we have a session here in Granby, the only one. There won't be any session tomorrow. The number of briefs doesn't justify it. We will hold another session at the Pub de la Gorge on Michaud Street in Coaticook on the 4th and 5th of August, and also at the Salle paroissiale, St-Jean de Bosco, 900 Sherbrooke Street in Magog on the 6th and 7th of August.

Before calling on the first participant, I would like to remind you about the rules as giving details for the second session. Once the participants present their briefs, the Commission will ask some questions to try to get a handle on all the arguments presented or to obtain additional information.

In addition, there is a right of rectification to correct facts or inaccurate facts issued during the session. Now, this right is available to everybody, and it could be used at the end of the session. Those who want to exercise this right should advise Mme. France Carter or Mylène Savard accordingly. They are at the back of the room.

At the end of each session, there will be a period allocated for the rectification of facts and data, if necessary. This right of rectification applies only to facts. It does not apply to opinions. And the right of rectification is available only to correct facts and erroneous data stated during the session.

I would like to remind you that the Commission is looking for a calm and serene environment. I wish all a good hearing for the second portion regarding the project extension of the gas line for TQM.

I would like to call on the representatives of the UPA St- Hyacinthe, Mr. Jean-Guy Raymond, Mr. Michel Saucier, and Mr. René Walaszczyk. Good evening, we have got twenty (20) minutes for you. You decide the time you want to take, and any time that is left over, it will depend on how long you take to present your brief, and the rest of the time will be taken up for discussions with members of the Commission.

MR. JEAN-GUY RAYMOND:

Good evening, the Commission and the BAPE .... for allowing us to present a brief at these hearings. We will try to summarize our brief. I have Mr. Michel Saucier who will summarize the brief. And then, we will follow up with the rest of the presentation.

MR. MICHEL SAUCIER:

I believe you have a copy of the brief. As a preamble, you have got a presentation of our organization, La Fédération de l'UPA de St- Hyacinthe. On page 2, you have got a description of the territory that we cover. That extends north...; south from Sorel to the U.S. border along the Richelieu River; from east to west, from Iberville to Waterloo. And the farming location, of course, is not in that. Eighty-five percent (85%) of our territories are in the green area and close to five thousand (5,000) farms and six thousand five hundred (6,500) operators. Most of them, major agricultural productions are carried out.

In our region, you have got commercial cultures, dairy, swine, cattle, grain, apples, produce, and other vegetables. There are about a hundred and fifty (150) companies involved in food processing and a few institutional jewels including the Food Development Research Centre, the Artificial Insemination Centre, and several other important organizations in the agri-food sector.

The Fédération de l'UPA works to enrich the region and improve the performance of our industry on the market. Our governments are reducing the assistance provided to the agricultural sector, and more and more producers have to take actions that would stimulate medium and long-term development of the agri-food sector.

The inclusion of the gas line in our sector is one of the measures to be taken, if we have to remain competitive. The producers in the other regions are ahead of us, but we are prepared to compete with them.

In terms of a preamble, you can see the purpose of our intervention. On the next page, you have got the reasons why we are here. First of all, with respect to the infrastructures, the gas infrastructures, there is a certain number of disadvantages or inconveniences related to the passage of this line or construction and maintenance work. There is a certain number of points we would raise with respect to this ... is concerned.

And, secondly, when the agricultural community sees the construction of gas lines passing through their land without their being able to use it, we would like to raise our voices in this regard considering that most of the clienteles for these lines are industrial and urban clienteles.

Among the disadvantages related to the servitude and the right of way, I'm going to be quite fast here on these points, because these are technical points. We have already sent them to the TQM, and the negotiating process is already underway, but we wanted the Commission to be aware of it also.

Article 3.1, what we want to do is amend this section. The developer should operate only one (1) gas line and not several potential products.

Article 4.5, we are asking that this article include now, with respect to all work regarding the cleaning of the right of way and so on, that these works should be done in keeping with environmental standards with respect to the products that would be used, and the method used should not harm the different products or harvests of the owner.

On the next page, article 5.1, what we are asking for is that this article be amended, so that it provides for the compensation for any contamination or pollution, and that that should be treated according to articles 19 and 20 of the Environmental Quality Act, and that a specific reference for any damage that could be caused, damage present or future resulting from the presence of the pipeline or any activities carried out by the developer. So, we want the Act to be modified in that regard.

Article 5.2, we are asking that they remove this article that deals with the construction of an additional pipeline and compensation equal to fifty percent (50%) of the market value, simply because before we had asked for only one (1) pipeline, one (1) project. So, that goes without saying that we should ask for all other pipelines not to be included in this contract.

Article 5.4, what we want to do is basically add the expression "or contiguous lands" after the word right of way, considering that this article deals with the burial and maintenance of the pipeline. Now, you could have overflows from other services. You could have other agricultural work that could be done around the right of way, but we should add the words "contiguous lands", because, in many cases, it goes without saying.

On the following page, during the period of work, we want to make sure that the company can install crosses over the trenches, as long as the work hasn't been completed, and that this soil has not been restored. They should do this to allow the owner to have access to their property on either side of the trench. So, that point is related to the previous article.

Now, 5.12, what we have is that, with the exception of article 5.3 then, we are asking that the company have no right to erect a fence around the right of way without the consent of the owner or unless such is ordered by the National Energy Board.

Article 6.2, what we want to do is add to this text, the text of this article, that the company should compensate the owner in conformity with article 5.1 already mentioned, if the company decides to reconstruct the pipeline, or change it, or remove it, or replace it, or whatever, or if there is any other work done, that should be done in conformity with article 5.1, which already talks about the terms of compensation, but also respecting the environmental laws.

6.3, we want to modify the abandonment clause, abandonment of the use of the right of way. What we want is that this should be interpreted as being the termination of the operation of the pipeline for a continuous period of three (3) years. Now, there should be a three (3) year prescription with the specification of measures that the company should take in the case or in the event that it leaves a pipeline there or decides to remove it.

Now, if it decides to remove it, the measures should be specified. If it decides to leave it there, a series of measures should also be specified. But basically if the company decides to leave the pipeline where it is, it should remain responsible for the pipeline. That is basically what we are talking about. As long as the pipeline is in the ground, the company should be responsible for it.

Article 8 is another point that was brought up during our meetings with the producers. There may be a situation where people are not satisfied with the compensation measures. The negotiating process or arbitration process is not always easy. So, we are asking that an arbitration method be set up, that there could be arbitration before, arbitrators selected by the parties, and the amounts would be no less than five thousand dollars ($5,000.00), the amounts involved.

Now, the purpose of this would be to avoid the procedure of arbitration process right now, which is quite complex, and that is based on the act respecting the National Energy Board. We want the owners to be able to select arbitrators from the Province of Quebec.

Now, the second point we want to draw attention to is on page 8. Well, let me read it to you. Our concern regarding our presence before the Commission has to do with the fact that the formulas used right now to determine the profitability of gas projects in urban areas to the detriment of rural and local areas, yet natural gas is an interesting alternative for farm producers.

You have got an example of savings of about five thousand dollars ($5,000.00) with respect to gas. For the entire Province of Quebec, there would be a decline of thirteen million four hundred and fifty thousand dollars ($13,450,000.00). Other significant savings could be carried out with respect to the heating of buildings in the sector of poultry and so on.

We believe that the construction of the transmission line such as PNGTS should be accompanied by measures that allow at least for farmers, residing within the perimeters of reasonable distances of gas infrastructures, to be able to obtain a supply of natural gas. Methods to promote the distribution of natural gas in the agricultural community should be evaluated.

However, we are proposing methods for amending the rules of profitability when a project is planned. We believe that the agricultural sector creates jobs. It is in the middle of regional and local development. And gas distribution projects could have significant spin-offs for the community, and these are not taken into account in the construction of transmission lines. Yet, if we knew the economic benefits related to the installation of gas projects in the rural community, the extension of the gas system would be optimized for the benefit of the entire community.

So, obviously, well, this is the trigger, because, in our region, there are several significant gas projects or transmission lines basically going through agricultural communities. Now, seeing these, we want to be able to have access to gas, and we have had this desire for many years. And we have asked different authorities to come up with measures to help the agricultural community to have access to gas.

Thank you very much for listening to us.

THE CHAIRMAN:

Thank you, Mr. Saucier, now you are proposing a certain number of measures which are quite specific and very practical. I believe you read in the transcripts that the developer has made a commitment that there would only be one (1) conduit installed, and they have even answered they will withdraw article 5.2 of the contract.

You refer to certain articles in the Environmental Quality Act. Now, obviously, this creates a context when you think about certain legislative provisions in a contract.

Now, with respect to the crossings over trenches, now, based on your experience, do the land owners, now during this type of work, do they continue to move around? Isn't there a problem of safety that is involved here?

MR. JEAN-GUY RAYMOND:

On that point, I think you have to go to the end of the land. There has to be some method found to... If the farmers have to harvest, and if the work is going on, you have to find a way to continue to do your harvest, if it is possible to find a way to go in another means of transport. I mean it's possible. We've had cases, but we want this to be established in the contract, and they shouldn't say that, you know, there shouldn't be any harvest on any given piece of land. There should be crossings to allow us to do this, because sometimes even after it is done or even while it is going on, sometimes it is hard to go across. And so, we want that this should be stated very clearly.

THE CHAIRMAN:

Now, with respect to fences, the fact that you mentioned this, does that mean that you have had some experience with this, that your members have had unfortunate experiences in this regard? MR. JEAN-GUY RAYMOND:

Well, it doesn't happen often, but it can happen with certain producers. Sometimes we had a producer who wanted to do certain things, and they were prevented from going through. And often, we at the UPA, we put pressure, and sometimes they remove those, the blocks, but it should be done automatically.

There is all kinds of things, and sometimes we are able to come to an agreement, but these things should be clear from the word go. They should be in a contract right from the beginning. That's why we are saying this. There are isolated cases, but when it happens, the producer... It is unfortunate.

THE CHAIRMAN:

Did I pronounce your name correctly, René Walaszczyk?

MR. RENÉ WALASZCZYK:

Okay, good enough, I recognize that when we start having problems with the names, I know it is my name, but anyway the company has all kinds of powers with respect to the right of way.

They can prevent you from putting up trees or anything and such, but what we want to do is have assurances that they shouldn't do anything there without the producer giving their consent. Because when we sign off on something like this, there is very little protection.

In a pipeline clause, for example, at the end of three (3) years when they abandon the line, you become owner of the pipeline. And that's why we are saying - and that's in contracts. That's why we brought it up. Companies usually set up all the guarantees to protect themselves. That's why we have brought these points up.

THE CHAIRMAN:

Yes, that's an interesting observation of all the provisions. Now, some of your recommendations go without saying, but it is better to say them anyways.

MR. JEAN-GUY RAYMOND:

In principle, we are not against the passage of the line, as long as they come up with the best line possible, but, as an organization, if we did not get involved, there would be a tendency for them to go and see the producers. And when they are stuck and they have to sign, they sign, but we try to prevent this by forming committees and working as a group.

If we don't do this properly, I mean there are producers who would end up saying, well, we didn't know this was going to happen. So, we should have contracts, and they should apply equally to everybody before they start off. If we don't work together, we would end up in trouble, and that's what we are trying to avoid.

THE CHAIRMAN:

Okay, you talk about arbitration. You talk about local arbitrators. How do you see this happening, because this would be quite different from the current practice? Do you envisage a Quebec administrative tribunal to be responsible for this? What exactly are you thinking about?

MR. MICHEL SAUCIER:

Well, basically, the idea that was raised, we didn't go much further, but, to our knowledge, there has not been a lot of cases pleaded before the arbitrator or the National Energy Board, and it is because the developer said that the problems are always solved before. Well, I can understand that, but at the same time it is a very complex process, and it dissuades a lot of people.

Now, the amounts do not always justify such a procedure, such a large scale procedure. So, our comment was that: Couldn't we have our own small claims court when we have situations that don't require such measures?

I mean this is obviously an incredible power of negotiation that puts pressure on both parties. I know it is not easy, but we are putting this idea out there. Maybe this could allow us to solve certain problems very quickly.

THE CHAIRMAN:

Okay, now, I don't know if you have any comments on this point. Mr. Burcombe from yesterday pointed out that, in his mind, he thinks that the UPA has been bought out by the developer with their agricultural project.

MR. MICHEL SAUCIER:

No, on that, we don't agree at all. As I said, we agree that they should have the transmission lines, and the point we have trouble accepting is that they are passing on our lands, and we want to be served. What we are saying right now is that the line is -everything, a hundred percent (100%) of the gas is going to the U.S. Now, we are going to have trouble being served.

What we are saying is if we are able to agree and get some compensation, then we have no objections. In fact, we have always agreed to work with, for example, Hydro Quebec, but where we have trouble is being served. The lines go through our lands, and the product goes elsewhere.

I mean the costs are significant for the agricultural community. When we reduce our costs of production, the entire community benefits. That's why we don't have any objections, but there have always been promises and promises, but the lines keep going through, and they keep transmitting the product. There is a few of them, but I mean all the economic studies done to find the benefits or profits from these pipelines, gas pipelines, I mean, they take us back to the 1940's. They always say it is very expensive, very expensive.

So, I mean we have never been against any development. I mean this is... but the important thing is that we don't want the product to continue going elsewhere without us being able to use it. The problem has always existed.

THE CHAIRMAN:

Well, there is nothing that prevents you from being vigilant. I mean you could... when it comes to the construction.

MR. JEAN-GUY RAYMOND:

Well, on that, we have someone paid by the company to ensure that... There are all kinds of problems that we try to overcome before they occur.

THE CHAIRMAN:

Mr. Paré.

MR. JEAN PARÉ, Commissioner:

Thank you, Mr. Raymond, with respect to not the last recommendation, but the last request you make, i.e. having access to natural gas, well, first of all, you take an example, the example you give, the drying of corn. Is that something that is used elsewhere?

MR. JEAN-GUY RAYMOND:

Right now, we use propane and not natural gas. We have tried electricity and others, but natural gas would be more efficient than propane. We know that propane... Well, there is two (2) or three (3) companies, and the... If you use natural gas, the price would be quite different. We saw it last year and a few years ago. From time to time, the price of propane goes down, but the figures that we are giving you here are six dollars ($6.00) per ton. That's real.

When we serve the big lines, all the big companies use it, and they use natural gas. They say transportation is expensive, but we can help you to dry your corn. We know that if we don't have natural gas, we are going to use propane.

MR. JEAN PARÉ, Commissioner:

Okay, you just started answering my second question. Are there other areas where other drying companies have access to natural gas?

MR. JEAN-GUY RAYMOND:

Yes, some producers have some access, but the problem is when you look at the profitability of a project, you... We have seen that some work has been done, (inaudible), but some of the... We find it unfortunate when they start a project, they start a new project, they forget everything that has been done before, things that we find quite deplorable.

MR. RENÉ WALASZCZYK:

Well, we only give one (1) example here, but there are several other applications that could be done. We know that this is less polluting. Natural gas is less polluting than other hydrocarbons. Once we have access to it, there is no limit to what we can use it for: heating the buildings, engines, super engines, that use natural gas. We have got fridges. You have got stoves and all kinds of things. There is no limit to the use we can make of it, but the problem, as Mr. Raymond said, is having access to it.

And right now, what we see, a transmission line is not so much lines - we don't have lines that will be serving Quebec or Canada. These lines are going directly to the United States. Whether it is this line or other lines, it is they who have access. The lines are going through our lands, but we don't have access to the product for economic reasons.

Perhaps there are ways that could be explored. For example, why couldn't we have a percentage of the construction that these companies would deposit in a fund to help distribution in the rural or farming community? I mean that's one way, and there are others.

We are taking advantage of these hearings here today to try to push our ideas forward. We have been talking about this for years, but we always get the same answer. This is a transmission line. It has got nothing to do with distribution. Yet, in this particular case, Gaz Metropolitain, which distributes a product, is a partner.

There is no will. We don't feel that there is any will. There is a few producers who have access to this energy at a time when there is construction. They take advantage. We have put all kinds of pressure. I mean as somebody said, UPA has been involved. Well, it has provided a contract. We negotiated as much as we can, and we managed to get service to certain producers sometimes, but there is a limit to our patience.

And we know that, one way or the other, the further we go, the fewer farm producers have access to this, because only those that are profitable are interesting to the company. The rest of them are rejected. And the more we go this way, the less access most of the producers will have. That's what we wanted you to understand today.

MR. JEAN PARÉ, Commissioner:

Now, the formula that you are proposing, would that be sort of a pooling of producers that could buy the natural gas?

MR. JEAN-GUY RAYMOND:

There are several methods.

MR. JEAN PARÉ, Commissioner:

Well, we don't need details.

MR. JEAN-GUY RAYMOND:

There is another method. All the infrastructures have to be paid in five (5) years according to the law, but that doesn't make sense. There is very little that can be paid in five (5) years in the agricultural community. I mean why don't you put it over twenty (20) years, amortize it over twenty (20) years? I mean that - we don't really - I don't know. Maybe other industries can survive that way, but, in agricultural, it is impossible. For several large municipalities or large industries, maybe it works.

But as we said before, if they go through our areas, you can see there are buildings that can be heated with natural gas, but they don't come to our places, and it is like we are going around in circles. In the west, we have travelled a bit, and most of the tractors use propane. It is less polluting than diesel, but anyway it is about the same engine. They don't change a heck of a lot, the same tank, and they fill the tank. But if they don't go through, well, we are not going to get anything.

MR. RENÉ WALASZCZYK:

And I'll add to that. In the west provinces, a report that we had a few years ago, I don't know if it is still like that, but a few years ago they said when the companies went on farmland, they at least had laws talking about taking away the right of way at some point, that the companies had to take the right of way away at some point. Here, we don't have that in Quebec.

THE CHAIRMAN:

Thank you; Mr. Cloutier.

MR. CHARLES CLOUTIER, Commissioner:

In the presentation that you made in the beginning, in your document, we see that the territory that you represent includes dairy and cattle and chicken-raising farms.

MR. JEAN-GUY RAYMOND:

Yes, those are the main things. We do all kinds of production on our territory. We gave the most important ones, but we didn't give you an exhaustive list.

MR. CHARLES CLOUTIER, Commissioner:

So, you have a rather diverse and complete animal-raising business.

MR. JEAN-GUY RAYMOND:

Yes, we are the second in dairy and the first in many other things: cattle and chicken and so on.

MR. CHARLES CLOUTIER, Commissioner:

Alright, so, it was mentioned earlier that there were some producers that were worried about the question of noise. Now, in your document here, you refer to article 4, where you talk about maintaining the right of way. Now, my question is the following. In managing this right of way, this servitude, was there any discussion in your organization about the noise that could happen through the corridor because of planes and so on? Were there any farmers that were worried about that?

MR. JEAN-GUY RAYMOND:

Well, really, the noise, unless it is all the time, it is not one of our main concerns. I mean it is not twenty-four (24) hours a day, seven (7) days a week. So, we are not that worried about the noise.

MR. RENÉ WALASZCZYK:

Yes, during the time of construction, when it was being built and when they were near the barns, there was more noise. I mean this, however, and what we know about our region, we didn't have this kind of problem later for maintenance and surveillance. We didn't have any reports like that from our producers.

MR. CHARLES CLOUTIER, Commissioner:

Okay, I have just one more question. On page 4, you say that you would like to add after the word easement "or contiguous fields". Could you explain what you mean by that?

MR. JEAN-GUY RAYMOND:

Well, when you have a trench, you don't just fill it up. A farmland has to drain properly. So, they have to clean it up properly, so that they have to put the farm back in the condition that it was before they came once the easement is over.

THE CHAIRMAN:

Okay, thank you for your presentation and thank you for those answers; now, I would like to call Mr. Jean-Marc Saint-Hilaire.

MR. JEAN-MARC SAINT-HILAIRE:

Mr. President and Commissioners, I am here on a personal level, but I wanted my intervention to be also of a more general use. So, I'm going to talk on my personal case first. And then, I'm going to talk about the problems of having several easements on a single field or on a single property. So, I have a slide that is going to illustrate this. Do you mind if I put it up?

THE CHAIRMAN:

Go right ahead.

MR. JEAN-MARC SAINT-HILAIRE:

First of all, to position the problem, I live in Stukely South on Chemin de la Diligence, which is located between the village of Stukely-Sud here and Waterloo here. So, this is the Chemin de la Diligence, this straight line right here. Now, I have lived here since 1971.

In 1983, they built a first pipeline. At that time, there was an old servitude from Hydro Quebec that even existed at the time of Southern Electric. So, there were two (2) servitudes at the time, and they wanted then to add a third.

So, the problem is located right here. Here is a pond. You can see the little buildings here near the road. So, this pond has been there since forever. It is on very, very old maps. It is a natural pond. It has always existed. When I came in 1971, there was a little brook, because here is some land that is a little hilly. So, the water drained down, went into a brook, and came into this pond. And then, the brook continued at the other side of the pond.

Then, in 1983, when they did their first set of work, the pond merely dried up. And then, once the pipeline went through, the pond filled up with sand. And right now, instead of six (6) or eight (8) feet of water, there is just one (1) foot of water. So, there is still a lot of ducks and wildlife who still use this pond.

In 1983, when the discussions took place, we were promised that they would come back and check after one (1) year, and come and check after five (5) years. I even consulted Bélanger Sauvé, a lawyer firm in Montreal, to help me taking these steps.

And now, the same developers who said they would look after this, and come and see the pond and make sure everything was in order, and see if the pond could continue the way it was, they never came. I insisted. I tried to find who was there. These people had sold the property. There was nobody who was responsible anymore.

So, I think that when you add another dam, a seventy-five (75) feet one, all of this drainage will disappear, and this pond will disappear. So, it is a particular problem, but still it is significant. So, there is one of the reasons why I object to this layout for the pipeline.

Now, I can maybe go back and sit down for the rest of my presentation.

There is also a problem with having several easements on the same land. On Chemin de la Diligence, the only reason I found in the whole document that I consulted at the University of Quebec, the only reason for going at this area here was the fact that there was already the 1983 pipeline there, and that there was a previous servitude for Hydro Quebec.

Now, maybe you would remember that, in the old hearings, it was brought up in Montreal what is the problem with multiple easements on the same property. And Mr. Delisle said that there were no other places considered, since there was already an easement right there. So, they just added up. So, this is going to be the third one, and this one is coming from the first one from Hydro Quebec.

And when you asked Mr. Delisle what were the reasons, what were the motivations that they had to use an old easement, and Mr. Delisle's answer was that, in the past, there was no environmental consideration, but that we simply took the shortest route. So, for the third easement, the only consideration basically is that, seventy- five (75) years ago, somebody decided it was the shortest route.

Now, in the future, each time there is an easement, if we don't stop this vicious cycle, owners will have their land cut in half. Their property will be devalued, and they will have no say in it, and all this because, seventy-five (75) years ago, somebody made an unrational decision. So, I think this is a second reason to refuse the layout, the proposed layout of the pipeline today.

And also, we should also consider what are the impacts of multiple easements. Well, I am not an expert, but I think you asked the question of Mr. Delisle, and nobody could answer. But, for me, as an owner and as a citizen, I notice that there will be many more easements in the future. So, if we accept the fact that there are already several easements and that you don't even consider any other layout, then you are simply going to continue on the same behaviour model without any logical reasoning.

Secondly, you should also consider that this considerably devalues the value of our land. If somebody knows, for example, there is already three (3) easements, and that a fourth and a fifth might be added, well, this is certainly going to modify the purchaser's attitude.

There is also the possibility of multiple environmental effects. The first pipeline nearly caused this natural pond to disappear, a pond which was there for hundreds of years. And the second pipeline will certainly make that pond disappear all together. And if, by some miracle, the pond were to survive the third easement, it certainly would not survive the fourth one. So, the environmental impacts multiply in proportion to the multiplication of the easements.

As a citizen, I am a bit concerned about this pipeline, because I do not think it is a public service. The first gas line, well, we were very much pressured to accept it, saying that there would be no damages and so on. And now that we have been through it, we know that it doesn't correspond to what they said at all. So, now, this is not even a public service. So, we shouldn't have to put up with the effects of it. It is simply a commercial undertaking, and the National Energy Board have not even granted authorization for it to date.

And then, these are the same developers who were there in 1983, and I do not trust these developers, because I had proof that they did not meet their commitments.

Finally, this pipeline will only be used to transport gas from Nova Scotia to the United States, and, therefore, the gas will only be transiting here. We have no control over the source. The source may be stopped or may have problems, and we have no say in it whatsoever.

So, now, I would be pleased to answer your questions.

THE CHAIRMAN:

Thank you, Mr. Saint-Hilaire, I recall our exchange about the pond in the first session. And at that time, the developer presented a possible solution. Did you analyze that?

MR. JEAN-MARC SAINT-HILAIRE:

Well, no solution, he said maybe we can do something. He didn't propose any solution. He says, oh, we can do something, but that's it. I had, in 1983, the same experience, and experts came. They came and saw the pond, and they guaranteed us that they would look after it. And if anything happened, that they would look after it, but never, never, never did they really follow up on it. Now, this promoter never proposed a solution. They said we would do something, when they never did anything, nothing that could be controlled by an expert.

THE CHAIRMAN:

So, you had no discussion with that person since then?

MR. JEAN-MARC SAINT-HILAIRE:

Yes, I met with Mr. Delisle, and he never proposed any solution. And, finally, and this is not the only reason why I'm opposed to it. It is not just the pond. The pond is just an illustration. I would like another layout to be considered, and that this one should simply not exist simply because other easements are there.

THE CHAIRMAN:

Okay, I understand this. I want to go into that, but first I would like to ask you to comment on the pond, which, I understand, is a particular case that you are presenting as an illustration of a broader issue. Now, the state of information on the subject is that there has been no solution proposed.

MR. JEAN-MARC SAINT-HILAIRE:

None.

THE CHAIRMAN:

Okay, now, for the multiplication of easements on a single property, I think you are right when you say that there is nothing automatic. It shouldn't be automatic. It is not because there is an easement there, that there should be a second and third easement added to it. And the proof is that we presented the fact that there was the current Montreal/Portland oil line, which shouldn't automatically be used insofar as there is a layout that exists since the 1940's, and it goes through some very precious wetlands.

So, the fact that an easement exists is not an automatic justification. There must be evaluation each time. So, on the principles of this thing, I agree that the experts have to agree.

And also, you mentioned that, the TQM project, that you have no benefit from it, but you did learn about the point of consolidation and alimentation in Quebec, especially in Coaticook, Montreal East, and a certain number of regions, Granby, that would be benefited by this pipeline.

MR. JEAN-MARC SAINT-HILAIRE:

Well, I understood that this line, as I see it, according to the documents I consulted, it is going from Montreal to the U.S. border. And from Montreal to the U.S. border, I didn't think it was going to go through any city for the citizens of Quebec. I thought it was a direct line that goes directly from Montreal to the U.S. border and to New England.

But the entire line that concerns me and this entire group is the part of the line, and I think even the people in St-Hyacinthe said it, that nobody will be connected to this gas line. I'm not talking about the first one where there was deviations to the main cities. This one is simply a main transport line, direct transport between Montreal and the States, unless I misunderstood something.

THE CHAIRMAN:

Yes, you did misunderstand something. The developer, at the rectification period, will be able to make the necessary comments. Alright, now, you made an analysis that appears to me to be a deep consideration of the phenomenon of multiple easements. Please comment further on the disadvantages and prejudices that the pipeline could create in terms of multiple easements.

MR. JEAN-MARC SAINT-HILAIRE:

Well, I brought up the point of devaluation. This is not a minor thing. I have a country house since 1971, and I did major improvements to that country home. And the evaluation of this home and the field was three hundred and fifty thousand dollars ($350,000.00), and the value doesn't come from farming obviously, because three-quarters of it is in the forest and a quarter of it is in unused land. So, it is just the area where it is located. In terms of the ecology of it, how it looks, it is a beautiful region with hills and valleys.

And the fact that there is an easement going through it and maybe other easements, it all devaluates the value of that property. And it is not the offer of a few thousand dollars which will compensate for the loss, for the devaluation. The devaluation is major because of the type of house that is there. I could show you photos. There is a tennis court, and a pool, and a lot of things. It is a house of a high quality, which loses a great deal of value.

And I think that, as a land owner, it is our right to worry about things like this. I don't think we should give way to these kinds of corporations, who devalue your property, and that we should sit there with no resistance.

Now, the fact that there is already easements, and then they use an argument that there is already easements, therefore we might as well just add another one, that's an argument that could continue in the future. Who says in five (5) years they won't say, well, since there is already easements, we will just put more easements. Because of that, they don't consider another line because of the fact that there is an easement there. That, in itself, is a disadvantage.

Then, there were the environmental effects. Every time you take seventy-five (75) feet of land right in the middle of a property, imagine the disorganization of the land that is added to that. And what we are also going through is that these are these kinds of trenches right through the forest. And because of that, it is a welt in our region, and it creates a lot of activity: four by four's in the summer, ski-doos in the winter. It is like an all terrain vehicle playground. So, these go right next to our house. And these are problems that we have every day, and there could be others.

THE CHAIRMAN:

Mr. Paré.

MR. JEAN PARÉ, Commissioner:

Mr. Saint-Hilaire, I understand what you are saying when you say that you want to resist something that you feel is against you, and that there is also a monetary compensation mechanism in our society, which is governed by the rules of law.

So, what I want to ask you is that, given the principle that seems to be recognized in many areas and that the Commission will examine very attentively and with a critical eye, and which consists in putting in parallel, insofar as possible, a new infrastructure where one already exists, so that if the gazoduc could be put in the same easement with a minimum width, this would be the case in the United States, but anyway it's a hypothesis that I'm talking about, would the gas line be more acceptable?

MR. JEAN-MARC SAINT-HILAIRE:

No.

MR. JEAN PARÉ, Commissioner:

Why?

MR. JEAN-MARC SAINT-HILAIRE:

Well, for the simple reason that you know that a gazoduc - I lived an entire year with a gas line right near my house. You can't live there. You can't go there. I have a tennis court there. It is a hundred (100) feet from the line. It is like a highway, a highway of bulldozers, of trucks, with dust, and especially where we live, because it is on rocks. So, they are dynamiting all summer.

Imagine, they were telling us two (2) summers ruined. Now, this house that I keep just for my vacation time, the only reason I pay for this whole place is to have it for the summer. Now, if I can't have it for two (2) summers, that's too much, a lot of money lost, a lot of money that I invested that I can't lose.

MR. JEAN PARÉ, Commissioner:

Okay, Mr. Saint-Hilaire, excuse me for interrupting you, you are telling me that the first summer's work lasted two (2) years?

MR. JEAN-MARC SAINT-HILAIRE:

No, it lasted one (1) summer from spring to fall. And then, they did readjustments the next year. There was work that was still carried out the following summer. The first summer was continual, because they circulate by the line. This is also their highway. I mean it is like a highway of enormous trucks with dynamite. I mean, listen, it was not livable. There was dust all over the place. It was unlivable, unhabitable. I felt I couldn't even live in that house for the entire summer.

MR. JEAN PARÉ, Commissioner:

Okay, are these questions that you spoke to the representatives about?

MR. JEAN-MARC SAINT-HILAIRE:

Yes, and they offered me three thousand dollars ($3,000.00) for the land and three thousand dollars ($3,000.00) for the wood they are cutting down. That's all they offer.

MR. JEAN PARÉ, Commissioner:

Have you talked with them about different procedures, different construction procedures?

MR. JEAN-MARC SAINT-HILAIRE:

No, I, first of all, would like to see another line proposed or tell me that it is impossible to go in any other direction for --

MR. JEAN PARÉ, Commissioner:

You mean on your own property?

MR. JEAN-MARC SAINT-HILAIRE:

No, elsewhere, I don't know where.

MR. JEAN PARÉ, Commissioner:

You mean a few hundred feet elsewhere or what? Are you talking about another region?

MR. JEAN-MARC SAINT-HILAIRE:

Well, in another region or on a land that is next to mine, but not on mine, because I want to break this vicious circle of irrational multiple easements.

THE CHAIRMAN:

Thank you, Mr. Saint-Hilaire, for your presentation; now, Mme. Denise Brodeur-Riendeau for the UPA Union, Farmers Union, good evening.

MRS. DENISE BRODEUR-RIENDEAU:

Good evening, Mr. President and Commissioners, I believe you have the copies of the documents. I would like to read them, a brief of the UPA Provençal Union. The UPA Provençal Union wishes to give their opinion on the environmental impacts which, in our opinion, would be minimal on the proposed line that was... and I added the north Saint-Ange Gardien section. I have added that to the brief here.

First of all, I want to talk to you about the disadvantages of the original line. The line is proposed integrally. It is located lot 6 in the Saint-Ange Gardien parish from lot 51 of the same cadastre. It goes along the electric lines and cuts in half all existing drainage systems. At lot 35, you get close to farm buildings such as pig barns and chicken barns. In some cases, the pipeline goes in-between the barns, thereby affecting the development of farm buildings, because you therefore can no longer even add on to your existing buildings.

Also, noise becomes a major disadvantage, because helicopters go over the pipeline regularly, and this stresses the animals inside the barns.

This, therefore, for all these reasons, is why we believe that the line should be moved to the perimeter of the land.

Second, the advantages of the line proposed by the UPA Union, given that the most part of the land is wooded, and because the producers who have these lots need to use the soil in order to spread lizier(?), because Saint-Ange Gardien already has a surplus of lizier(?). Also, the little wooded area that remains is mostly a poor quality and has no value or attraction to be able to get any benefit from it. And the small amount of the woods that has maple trees is not being exploited.

Farmlands are, in our opinion, not all identified on the map, because there was some land that was cleared for farming, and these do not appear on the maps. There is number 40 and 41, for example. In the original line, there are point three (.3) kilometres of orchard, which is very well exploited, while the wooded area includes a small part of maples which are being operated. And the rest, well, it is just a question of time.

For the drainage, there is almost no system that is affected contrary to the original line. Now, this was a handicap for sure. And then, there is an advantage to consider. It is on the original land line. The black soil band is very wide and very deep. And then, in case there was a fire, the environmental impact would be more catastrophic since black earth is more combustible.

Conclusion, in conclusion, we are aware that the pipelines must go over farmland, but we believe that they should go in areas where there are the least disadvantages. We are the guardians of the earth, and we are very proud of the resources that we hold. We highly esteem its value. And since it is our job, we know it's our needs and our richness.

So, that's it, and I have some enclosures, a table, a table of the soil. I'm looking for it in order here. You have two (2) petitions. I'll be able to find it in a moment. Here it is. And then, you have the support letter from our MRC, a support letter from our parish, Saint-Ange Gardien, from the town council, and then, a table describing the soil that is on the line that is - the new proposed line, black earth, and a petition of the producers that ask for the line to be changed.

THE CHAIRMAN:

The Commission has read your proposal and the new line you proposed, and we will take into account - well, we will try to ask for the developer's reaction to the line, but I would like to check with you based on your experience, because that's what is important to us, the experience of people who live on the land, and who are closest to the problems created by such a project.

Now, under the buildings, what, in your view, would be the acceptable distance from the line to the buildings?

MRS. DENISE BRODEUR-RIENDEAU:

Well, right now, I followed from the beginning, I followed the deliberations, they are saying that the gas line could be about a hundred (100) feet, I believe. The gas line could be about a hundred (100) feet from the buildings. A hundred (100) feet is too close to the buildings, because as I said before, there have been some changes made. The farms around here are going to grow, and we are too limited. If we have the gas lines too close to the buildings, that would restrict us even more. We would require at least a thousand (1,000) feet, in my view.

THE CHAIRMAN:

A thousand (1,000) feet?

MRS. DENISE BRODEUR-RIENDEAU:

Well, it is a suggestion. Maybe we can talk to the producers. I represent the farmers of four (4) parishes. Three (3) parishes are affected: St-Césaire, Rougemont, and Saint-Ange Gardien. Saint-Ange Gardien is a small parish. It is a place that has a big integrated firm.

We have lots of pig barns. There is lots of pig barns and chicken farms that were developed. Maybe we should ask for their opinion. I know that I have been informed that the lines were too close, and that they were inconvenienced also by the noise.

THE CHAIRMAN:

Now, with respect to the noise, apart from the fact that there is the assumption that the noise would stress the animals, do you have any access to documents or studies on this, on the specific measurements?

MRS. DENISE BRODEUR-RIENDEAU:

Well, I read something sent to you by one of my producers, something regarding a study in this regard. The animals in terms of the dairy and cattle, well, a cow could actually calve earlier because of the noise. In my sector, I live in St. Paul d'Abbotsford close to Yamaska. In my area, we have got delta planes. I don't know if you know what that is. And the delta planes don't make any noise, but sometimes they land on a farm. And the animals head toward the fences, or automatically the animals, their instinct is to go closer to the fences. They get nervous, the same way as when there is too much wind or a storm. The animals, you see them all - well, perhaps I'm not using the correct words, but anyway they all rush to hide in the counter direction of the wind.

THE CHAIRMAN:

Well, I'm asking you, because Mr. Jean-Guy Raymond told us earlier on that the little noise from (inaudible) is not too bad.

MRS. DENISE BRODEUR-RIENDEAU:

Well, perhaps he hasn't had any problem in his area in thar regard, but we, with the Hydro Quebec lines that we have for the pylons, you know, these are quite high, these pylons. It is not something that is on the ground, and it bothers the animals.

Now, if you take the example of Hydro Quebec lines, perhaps what I'm saying now is off topic, but respect to the line, I know there is an agreement between Hydro and UPA that, in the future of the new lines, Hydro Quebec, well, I mean this doesn't - it's a bit off topic, but anyway it is similar. In the situation of new lines, they will place new lines where it has the least impact on agriculture. And I learned this from good sources, and that there is a big document that says that passing lands right in the middle of lands is not very good, so...

THE CHAIRMAN:

Okay, we have understood that, your outlines, you prefer the line to go around on the periphery of the lands. Now, the producers that you represent, are they interested in obtaining a natural gas supply?

MRS. DENISE BRODEUR-RIENDEAU:

Well, I can confirm to you that, right now, a representative of Gaz Metropolitain came and met our union in our area. And our producers have already been visited by two (2) engineers or representatives from Gaz Metro to determine their needs in terms of natural gas, and the producers are quite interested. And one of the producers told me that - a major chicken producer told me that they would require natural gas, and that they had done some surveys. And I agree wholeheartedly with the Federation of the UPA Ste-Hyacinthe that this is a need. The farmers actually need natural gas.

THE CHAIRMAN:

Thank you very much; Mr. Paré, no more questions; Mr. Cloutier, no questions.

MRS. DENISE BRODEUR-RIENDEAU:

Thank you very much.

THE CHAIRMAN:

Now, I would like to call on Mrs. Lucette Depadova and Mr. Girard De Labadie.

MRS. LUCETTE DEPADOVA:

Good evening, Mr. Chair, Mr. Commissioners, we would like to present our concerns, because we are not in agreement with the line proposed. You have some documents in your possession. I believe you have as follows. You have a letter dated July 9th sent to Mr. Richard Daigle, in which we ask a certain number of questions. Some of these questions will be answered tonight. However, there are certain points that we would like to present to you.

Now, we bought our property, which is a ten (10) hectare property because it is not too far from Montreal, St. Mathias. We were working there at the time. Now, since July 1st, we have been on retirement, and we were hoping to take advantage of what we had sown over the past five (5) years.

Now, the passage of a gas line is not - the line is not right on the edges of the land, but right through the middle of our land. And why? Well, Mr. Saint-Hilaire talked about this earlier on. He was also a lawyer. Because there is a multiplication of servitudes and rights of ways that we are going to have on our land.

Now, there is a first servitude which is a right of way for a property that was located above ours which, at the beginning, was enclaved. Right now, it isn't, because, with the right of way, we have to maintain it, if it is used, and which we have done. That cut off part of a service, part of our property, part of our area, and we got nothing in return for that. We also have Hydro Quebec lines going through our land. So, we have got three (3) servitudes.

Now, if you add the one that TQM wants to impose on us, fifty percent (50%) of our property would be under servitude, and I find that's too much. Fifty percent (50%) is enough. Mr. Saint-Hilaire said it before. If you add a servitude, because there is another one already, which was more or less well installed at the beginning, that's ridiculous. And I agree with him, and I support him in his approach; fifty percent (50%) with all kinds of inconveniences, no.

So, I don't know if you have any other document, but that's a document where we ask for a modification of the line, and that is presented in the form of a table. I mean it is not out of ill will that we are saying we don't want it in our neighbourhood, but it is just that the new line, the line that is proposed, would cause less damage both to the owners and for everybody who uses these lands.

Now, in terms of the length, it is identical in both cases. That's an advantage. The initial line affects two (2) owners. In our proposal, there is only one (1) owner who will be affected.

The third point with respect to the landscaping, we have had this property since 1991. We have planted all kinds of trees on it. So, the visual impact of the pylons and electric lines would be diminished. So, we have had trees on there for a few years, and most of the trees go up about a metre and a half. And with the right of way of the gas line, we would not have any right to plant any more trees. And, obvious, the visual impact would be affected.

Anther point is that a passage is very narrow. They are going right through the middle of our property, so much so that a passageway which is twenty-three (23) metres, it will now go down to eighteen (18) metres, because the line is eighteen (18) metres from our house. And the lady before us said, in the case of animals, it is a thousand (1,000) feet. In our case, it is twenty (20) feet. So, we are somewhere between the chicken and the pigs, but, anyway, twenty (20) feet is very, very close.

Now, we had already had a problem with respect to the first servitude, which is a right of way for some certain gas lines where tractors and so on had to go through, a lot of heavy equipment. Now, they were going through near our house, pretty much where the gas line is going to go through. Now, with all the vibrations, I can tell you that it was hell. Now, the line was moved around, but now we wind up with major inconveniences, with fissures and all kinds of things. The house is what, a hundred (100) years old or so, so...

The next point is that it is going six (6) metres from the house. That's what I mentioned. In the other case, the closest house is a hundred (100) metres away. We have a photograph that we can present to you, showing that the gas line would be equi-distant between both houses or both properties. Do you want to see the photograph right now?

THE CHAIRMAN:

Yes, if you don't mind.

MRS. LUCETTE DEPADOVA:

So, we are talking about vibrations. I think everybody agrees, everybody knows what we are talking about. I am not going to expand on that. The trees along the road should be protected, but that's done. We do what we call - what do they call it -directional drilling. So, we start from our land. We protect the trees. We go through the road, on the other side, on a hill. Then, it goes along the river. Everything goes below. And we are told that, technically, everything is fine, but they start at six (6) metres from our house. That's very, very close.

Now, we are talking about this famous river. Why? Well, because we feel that going below the river, in this case, and at that particular location, would be very, very expensive and complex. In our proposal, there is no hill over the river. So, the passage would be much easier with lower costs.

I already talked about, if you add multiple servitudes, fifty percent (50%) of our surface area, five (5) hectares out of ten (10) hectares. Ten (10) hectares, that's not a lot. It is a small farm. I mean we will only end up with five (5) hectares. We don't have any right to plant anything, to create any roads. We have given up everything.

Talking about resale, if you add all kinds of problems on the land, you are not facilitating its resale value. When we purchased it, by the way, there were two (2) servitudes already on there. Now, our notary told us to think about this very seriously, and she said, "Look, think about it before signing, because that's a handicap". Now, they are adding a third servitude on it. I mean it is going to be impossible to resell this house.

And for these reasons, well, we are asking that the line be modified, and that it should go along the next lot, and that would be on the edge of the lot, not through the middle of a property.

Now, the neighbour in question doesn't live there. These are agricultural lands. And when they explained to us the way they are going to go about burying the gas line, we think it is quite interesting. They are going to remove arable land and so on. And I think they are going to do the same thing for the neighbour. So, I don't think there should be any problem there.

So, these are our suggestions. That's a backdrop anyway.

Now, going through the neighbouring lot, the owner has already been approached, because the Hydro Quebec lines already go through his land. So, he has already been contacted, and this would continue to go along through the edge of his land, not in the middle. It is not a major deviation. It is about what? It would be a lot less drainage to be cut. That's something that is important.

And since we are talking about evaluation, we have been explained that there will be some compensation. That's fine, but what we suggest is that our neighbour should benefit from it.

Now, if our properties don't lose any value, if we can't resell the property easily, that's our final suggestion, then we would ask the gas line or the gas company to buy it from us and to give us maybe two (2) years to try to find another place to live and to continue our retirement, which, you know, we have been retired for a month or so.

We have no interest whatsoever in moving. We have invested a lot in this place, a lot of emotions in there, too. We have got neighbours. We have got our friends. We don't feel like moving, but if we really had to move, well, we will move. And I can tell you that reselling this house with this major handicap, we would be kidding ourselves if we think it is going to be easy. I mean if it is that easy, let them buy it to prove that it is easy.

That's it.

THE CHAIRMAN:

Thank you, so, the Commission has read your proposal. We will analyze it. Have you discussed this proposal with the developer?

MRS. LUCETTE DEPADOVA:

Yes, I discussed it once with a person who came to tell us that the initial line would be modified to take into account certain things. Now, during the discussion, I said, "Listen, look at the neighbouring lot". And the gentleman said, "Yes, our eyes are wide open. We will do this". The next day following this discussion, two (2) photographers came to the house. They wanted to take photographs on our land and not on the land of the neighbour.

THE CHAIRMAN:

And to your knowledge, there hasn't been anything --

MRS. LUCETTE DEPADOVA:

No, this evening, we received an answer to some of our questions with the modified line, which starts about twenty-three (23) metres, and it ends at eighteen (18) metres, because it is very close to the house. So, they had to narrow it to eighteen (18) metres. They have said they are going to avoid certain trees. Fine, but the major items for us are fifty percent (50%) of the land and the servitude sixteen (16) metres from the house. That doesn't change. And the resale value is completely non-existent. So, it's impossible.

THE CHAIRMAN:

Mr. Paré.

MR. JEAN PARÉ, Commissioner:

Well, for the time being, what the Commission has in hand is your request for a modification of the line that you presented to us as a table. I also understand that you filed other documents. It is very difficult for us to understand everything, where your proposal stands, but have you - did you also submit a sketch showing where you are suggesting that the line go through?

MRS. LUCETTE DEPADOVA:

No, but we were saying that, in the neighbouring lot, it really should be somewhere between the two (2) lots. We have it at the top. Go through around line 184 and 86.

MR. JEAN PARÉ, Commissioner:

We are going to try to get some documents that would give us a visual impact, so that we can see what you are proposing. You are going to have to - when you talk about changing the lines, we are going to --

MRS. LUCETTE DEPADOVA:

Well, the line already goes through the gentleman, the neighbour. It goes through the edge of his land. So, it will continue, because the original line sort of deviates to come through our land, our territory. So, they could deviate it slightly along his lot and go all the way to the road straight.

MR. JEAN PARÉ, Commissioner:

So, going through the line between the St. Baptiste and St. Mathias parish?

MRS. LUCETTE DEPADOVA:

No, it is still in St. Mathias. We are the last, and he is the last penultimate.

MR. JEAN PARÉ, Commissioner:

Well, we are going to have to see this. We need a photograph or a sketch to see this. Do you have a plan of the line here?

MR. GIRARD DE LABADIE:

We have an aerial photograph. It is LG-3. That's the line. That's on the plan presented by TQM.

MR. JEAN PARÉ, Commissioner:

You are saying LG-3?

MR. GIRARD DE LABADIE:

LG-3 corresponds to the area we are talking about.

MR. JEAN PARÉ, Commissioner:

The various lines? What we want is the piece of line that shows - what we can see on the picture, but it is very hard for us to figure out exactly which area you are talking about, because the photograph is not complete. We are sort of in the dark right here. It is a little hazy. I don't have any objections, but, listening to you, I have trouble visualizing what you are telling me, because we don't have any plans or maps or photographs that illustrate where the line could go through.

MRS. LUCETTE DEPADOVA:

Could we send you a sketch?

MR. JEAN PARÉ, Commissioner:

Well, anything you can send us as a sketch, very simple, just to give us an idea of where you are suggesting that the line go through.

MRS. LUCETTE DEPADOVA:

Could we do the sketch this evening? Because we could do it. We have got photographs right here. We could do it very quickly and hand it to you this evening.

MR. JEAN PARÉ, Commissioner:

That's fine.

MRS. LUCETTE DEPADOVA:

Okay, thank you.

THE CHAIRMAN:

Okay, thank you very much for your testimony, and the Commission will consider all your comments, thank you; Mrs. Denise Savage.

MRS. DENISE SAVAGE:

Good evening, Mr. Chair, Mr. Commissioners, ladies and gentlemen, I own a wooded lot over one hundred and seventy-five (175) acres near the municipality of Stukely South registered under a company number 90234899 Quebec Inc. I'm from Montreal. I have decided to live in the Eastern Townships to carry out my second career, because of the quality of life in the region, the countryside, the landscape, and the respect for nature that the people have.

I have been a forest producer since 1990. In addition to the selective cutting of my wood, I also do reforestation. More than seventeen thousand five hundred (17,500) trees have been planted over the past five (5) years. The conservation of our forest heritage is one of the major concerns of my family since the region of the Eastern Townships is a touristic area with abundant forests and very, very important area.

I live on the Chemin de la Diligence, a route that is called a panoramic route declared by the MRC Memphremagog in January, 1987. My land is at the top of this panoramic road. Those who have the opportunity to go there would be able to admire a breathtaking view. You have got a view of a hundred and eighty (180) degrees. At the top, you can see Mount Orford, and Bromont, and Sutton, Owl Head, Jay Peak, and several others. This is a magnificent forestry landscape.

My interest, I am directly concerned by other TQM project, because TQM goes through my land over four hundred and twenty-five (425) metres and cuts twenty-three (23) metres, plus ten (10) metres of working area in my mature woodlands and in a part of my reforested area that has been reforested for the past five (5) years.

I already incurred two (2) servitudes: one of about thirty-three (33) metres for Hydro Quebec and another of eighteen (18) metres for Gaz Metropolitain. By taking away another thirty-three (33) metres next to the two (2) existing servitudes, we will be creating a corridor of a width of more or less eighty-four (84) metres, representing more than two hundred and fifty (250) feet in a forest territory. The impact would be major and difficult to correct, once the trees are cut.

My opinion, I am completely opposed to this project. I understand that there is a lot of stake in terms of monetarily and politically, but we are going to have to stop destroying our trees, but not everything is allowed in the name of progress. We have to consider the human being, their property, and their quality of life.

The information that TQM has given us is still fragmentary. Everything is beautiful. There is no risk. You will be compensated for your troubles, and we pay well. However, all the problems, all the inconveniences, and particularly the hazards have not been mentioned. They have been completely overlooked. It is only all the questions of the citizens, who are concerned, that have enabled us to learn more, but we still don't have specific answers from the developer.

I have several concerns. I have got environmental concerns, safety concerns, concerns about compensation, and also about execution.

Environmental concerns, they are creating an immense deforested corridor in an incomparable green zone. TQM will create visual environmental impacts associated with the creation of these vast corridors. You expect such corridors along the highway, but not right in the forest, especially in a recreational and touristic area, which is highly dense. This would be an environmental disaster. Now, cutting the forested area in two (2), what will be the value for this? They are doing clear cutting for a few dollars. The government is asking us to avoid these steps, destroying the flora and the wildlife.

Given all the major problems on the source of supply, water supply, from Stukely South, due to dynamite operations during the installation of Gaz Metropolitain's line in 1983 and particularly given the problems that are still around, what would happen with the underground sources that supply my three (3) current lakes and my two (2) drinking water wells?

Now, safety concerns, according to minimal environmental standards, there should be no residents or building inhabited or not within a perimeter of one hundred (100) metres of a gas line. According to the topography of my land, the buildings that we were going to put up in 1998 will be within this security perimeter. So, what should we do for our security?

Also, low-flying helicopters will not only disturb our peace and quiet, but will certainly disturb our sheep.

They are going to be dynamiting all along the length of my land. Since there is already a gas line near there, what will be the consequences on the stability and dependability on the infrastructure of the first gas line? What are the concrete emergency measures in case of an accident that will be put in place, and who is going to pay for the cost of incidents, TQM or the municipality? Nobody knows.

Mr. Saint-Laurent in Magog declared that the local frontline stakeholders will be used without, however, delivering any concrete emergency measures. What are these concrete emergency measures? We still don't know. What are the real concrete and written measures for mitigating the problems related to dynamiting? Once again, we don't know. What are going to be the consequences on the supply of water to my lakes following the dynamiting? Still the same answer, we don't know.

When I asked the question to Mr. Trudelle in Magog at the first part of the hearing, where are you going to install your machines, because you mentioned that, in the wooded areas, you were going to avoid using the working area when you are in a hill with two (2) easements, one for gas and another for hydro, the answer that I received was most difficult to understand, just like everything else. I have included a copy of the verbatims, including Mr. Trudelle's response.

The execution, this perhaps is the point where I have the most fears. I would like to table and file, if you'll permit me to do so, a letter that I sent to Mr. Urgel Delisle at TQM last week, showing once again that you can't trust these people, and you can't trust what they tell us. Mr. Delisle and TQM demonstrate once again they do not respect ownership, that what they say and what they do is completely different. Mr. Delisle in Magog was apologizing before the Commission for the nthiem time for the same problem, saying that this isn't going to happen again. Why don't we judge this ourselves? They keep on telling us one thing and doing the opposite.

I would like to know what kind of guarantees I can have on the integral application of all security maintenance measures to be taken after the construction and regarding surveillance that is low-flying helicopters, and monetary compensation that is fair and equitable on the real value of my wooded lot.

And what kind of guarantee can I have on all of that, when ever since the beginning of the project they never respected any of their words? No authorization to penetrate on our land was asked for. Our land was surveyed, marked, and so forth without any written or oral authorization. So, between what is said and what is done by TQM, there is an immense difference.

In the execution of the project of the TQM, these people affirm to us that everything is going to be done according to their procedures, when there is no communication before the work even begins. We have had enough excuses. We have plenty of fears. Nothing works the way they tell it is going to work. I have serious questions about the future.

Now, with regard to compensation, they tell us that they pay for everything or almost everything. It is not money that we want from TQM. It is the quality of life that includes our peace and quiet, our animals, our wooded lots, and certainly it includes no pipeline on our land. Since money can't buy happiness, it certainly cannot reassure us for our security.

Suggestions and recommendations, the main impacts that will persist after the construction, according to what the developer has said, will be the immense corridors that will be opened through the wooded lands and the impossibility of installing any permanent structures there.

Given that, between Granby and Eastman, it will be easy to use part of private lots along Autoroute 10, why divide our land in two (2)? Maybe it would be a good idea to revise the geographical data and study this solution. It is normal to have major open spaces along highways. You expect to find such corridors for autoroutes, but not right in the middle of our wooded lots and in a recreational touristic zone. This is a real ecological disaster.

I will ask TQM to please revise and especially to reconsider another line, another layout, for the pipeline. A possible option would be to use the line of the least impact, that of Montreal Pipeline or from Montreal to Highwater. The next option would be the Maritimes and northeast pipeline which goes through New Brunswick.

In spite of the information sessions that I have attended, I am still waiting for clear and frank answers to all the questions that have been brought up. To TQM, I will tell you I have enough gas on my land, and I do not want more; no to TQM, no to the destruction of the wooded areas in the Eastern Townships, thank you.

THE CHAIRMAN:

Thank you, if I understand, you don't want the pipeline.

MRS. DENISE SAVAGE:

Absolutely not.

THE CHAIRMAN:

Well, I want to make sure with you that the questions that you have asked, that you are referring to in the end of your brief, that you get answers, perhaps not the satisfactory answer that you like, but at least answers. So, I would like to find out were there questions that you asked that you did not get an answer to, and I will make sure that you get an answer to those questions. I cannot guarantee that you will like the answers, but at least I can guarantee that you will get answers to your questions.

Now, the Commission will take note of your opposition. You, I believe, live not far from Mr. Saint-Hilaire.

MRS. DENISE SAVAGE:

I think Mr. Saint-Hilaire lives on the other side of the Highway 112.

THE CHAIRMAN:

Okay, because he talked a lot about Chemin de la Diligence. I think I should go see it.

MRS. DENISE SAVAGE:

Yes, you should. It is a really magnificent area. He has about the same problem as I do, because I have three (3) artificial lakes already. So, the same problem happens. It is always a question of the underwater source of supply.

THE CHAIRMAN:

Okay, and as a producer, you are not interested in natural gas?

MRS. DENISE SAVAGE:

Well, I would appreciate it, but you can't just plug into a line like that. We are not served by this gas. I could use the gas for my granges, for my sheep barn, and for my house, but nobody talked to us about that. There is just Mr. Guay who came in with a questionnaire.

THE CHAIRMAN:

Mr. Paré.

MR. JEAN PARÉ, Commissioner:

Mme. Savage, you talk about two (2) easements on your land: one which is Hydro Quebec and the other which is the existing Gaz Metropolitain pipeline. Are these parallel or in different areas?

MRS. DENISE SAVAGE:

No, they are parallel. The TQM one would expand what already exists.

MR. JEAN PARÉ, Commissioner:

Okay, so, this would be a length with three (3) easements.

MRS. DENISE SAVAGE:

Yes.

MR. JEAN PARÉ, Commissioner:

You alluded to some behaviours that you deplore by the developers. However, there already is a Gaz Metropolitain pipeline. In terms of your relationship with Gaz Metropolitain regarding the maintenance and surveillance of the existing pipeline, has this caused you a problem up to date?

MRS. DENISE SAVAGE:

No, with Gaz Metropolitain, they came through two (2) or three (3) times, but they always told me ahead of time that they were coming through, but, for maintenance, I can't say.

MR. JEAN PARÉ, Commissioner:

In other words, you haven't had any difficulties.

MRS. DENISE SAVAGE:

No, because I purchased in 1990. So, that was already built before that time, but I know that my neighbours had problems, Mr. Boisvert among others.

MR. JEAN PARÉ, Commissioner:

Okay, thank you.

THE CHAIRMAN:

Mme. Savage, please don't leave yet. Mr. Cloutier has a couple of questions.

MR. CHARLES CLOUTIER, Commissioner:

Yes, just one question, Mme. Savage, here you say - I'll just read a phrase, that, according to minimal environmental standards, there should be no building, whether inhabited or not, within a hundred (100) metres of the gas line. What I am interested to know is that environmental standard, minimal environmental standard, what's that?

MRS. DENISE SAVAGE:

Well, it was during a meeting in Magog that you asked the question from somebody at the Environment Ministry, and he said that, that, within one hundred (100) metres of a gazoduc, there should be no building, whether inhabited or not. And you asked that person at the time to respond to the question what were the minimal environmental standards.

MR. CHARLES CLOUTIER, Commissioner:

Okay, well, I just would like to make a rectification then here. This was a representative of the Ministry of Public Security.

MRS. DENISE SAVAGE:

Well, anyway, it was the last guy on the end. I don't remember his name.

MR. CHARLES CLOUTIER, Commissioner:

Yes, I think it was Mr. Lapalme.

MRS. DENISE SAVAGE:

That's possible.

MR. CHARLES CLOUTIER, Commissioner:

Okay, and then, the distance that he gave on that hundred (100) metres there was not a standard. It was a security distance that is an estimate, not a standard or set provision.

MRS. DENISE SAVAGE:

Oh, well, I'm sorry, I had taken it as a standard. MR. CHARLES CLOUTIER, Commissioner:

Okay, I just wanted to clear that up.

THE CHAIRMAN:

Well, thank you very much, Mme. Savage, for your presentation; we will now have a break until ten after nine (9:10).

SHORT ADJOURNMENT

THE CHAIRMAN:

So, we will get back in session with Mr. Jean-Claude Chapleau.

MR. JEAN-CLAUDE CHAPLEAU:

Good evening, Mr. President, Commissioners, ladies and gentlemen, my concern, I'm very concerned by the proposed layout of the TQM pipeline, because it goes through my land and divides it in two (2). In addition, TQM takes away some of my mature wooded areas, in which you find a cedar stand and several very large trees, and also they are going to cut part of my five (5) year old plantation of three thousand (3,000) spruce trees.

I'm concerned by this project, because I have three (3) lakes with trout and five (5) which will be sourced by natural springs and underwater tables. If I look at the problems with the municipality of Stukely South since they went through in 1983 for the Gaz Metropolitain pipeline, what is going to happen to my water supply? What is going to happen to my lakes? TQM tells us they are going to put the water back and make sure that there is a flow from the wells, but how can they rebuild natural springs and water tables after dynamiting the land?

My opinion on the entire project, well, since the beginning, they haven't been frank with us, and it leaves us a bitter taste and a real fear for our security. We are sure that they are hiding something, and that once we sign on the dotted line for TQM, that we will then only know the truth on all the negative impacts of the project, when it is too late.

From one meeting to the next, we were discovering new negative impacts of the project not from the developer, but from concerned citizens who took the time and trouble to do the necessary research and to ask the necessary questions to the people responsible for the project. We have never had clear and precise answers. How can we trust TQM?

So, my concerns are as follows. We are visually destroying a very touristic region. We are destroying mature woodlands. We are destroying wildlife habitat. We are destroying the estrian flora. We are interrupting people's peace and quiet. We are devaluating private property. We are disturbing domesticated and other animals. We are cutting into natural springs and underwater tables. All of this only for what? For money, for a pipeline.

What about common sense? What about a quality of life in Estrie? What about human beings? What about the safety of people and animals? What about animals, trees, and plants? What about nature? All of these questions are still without an answer.

My comments are that we feel like David standing in front of Goliath. We do not have the monetary resources, the experience, the time nor the expertise that TQM has, but we have common sense. It says no to a third easement, which creates an immense corridor in the middle of the forest; no to the non-respect of our rights and especially to non-respect to property, and no to TQM. Go back to the drawing board, TQM. There are other possible layouts with less impact.

My suggestions and recommendations, I suggest TQM go back to the drawing board and reconsider a less impactful layout, which would go around wooded areas. I recommend the Commission to take into consideration the idea that you could use private lots along autoroutes. What difference would there be to use cultivated land along autoroutes, which is open space, or cut through trees twenty- three (23) metres further down the way? We expect to see spaces near highways, but not through the forest.

I recommend that we think of using the Maritimes and northeast layout which goes through New Brunswick, and which would avoid negative impacts for the Eastern Townships. I recommend to use another alternative, the first project, which was from Montreal to Highwater.

Ladies and gentlemen, please, think of the ecological disturbance that such a pipeline would have for the Eastern Townships, and please change your plans.

THE CHAIRMAN:

Thank you, Mr. Chapleau, if I understand, you are completely opposed to the project.

MR. JEAN-CLAUDE CHAPLEAU:

Yes, I am.

THE CHAIRMAN:

Could you please comment on the reasons why you say that they weren't frank with you, and that you are sure that they are hiding something?

MR. JEAN-CLAUDE CHAPLEAU:

Well, it is easy, because each time we went to meetings and we asked questions, we never got the right answer. For example, Mr. Delisle, I think that he was the first of the developers. You ask him a question. He doesn't answer.

Then, he says, oh, we always have to ask for permission to get on your land. Then, last week, I had two (2) people walking on my land and that I put out. They said that they had called, and that they had had telephone authorization to come on my land. I am sorry. Nobody called me, nobody at all. And then, another one, Mr. Delisle, was full of apologies, bowing to everyone, saying, oh, I'm sorry, but this will never happen again. Well, how can you trust a company like that?

For the time being, everything is nice and everything is rosy, but when you go to have authorizations to do anything whatsoever, are they going to leave our land the way they found it? Are they going to observe the contracts that we signed with them, or are we going to have to look for them after and try to get them to adhere to their commitments? My answer is that they won't adhere to their commitments.

THE CHAIRMAN:

Okay, you have some water in underwater tables that concern you. Do you have any objective reasons to fear that dynamiting in your sector will affect the subterranean tables?

MR. JEAN-CLAUDE CHAPLEAU:

Yes, I looked at the village of Stukely South when the Metropolitain went through, and they dynamited there. And there wasn't enough water left to even supply the village. So, just as you said, it is the same line. It is the same route. So, I'm really worried.

Look at Mr. Saint-Hilaire, who spoke earlier. He says that his lake dried up since they went through the Gaz Metropolitain pipeline. What's going to happen with mine? What's going to happen to my ten thousand (10,000) trout? This is what I'm worried about. Are they going to ensure my water flow? If they break the underwater table, I'm finished.

THE CHAIRMAN:

Okay, Mr. Paré.

MR. JEAN PARÉ, Commissioner:

Yes, you talked about an alternative to use the Maritime northeast line. Now, for you, does this mean that the disadvantages of this project are superior to the economic advantages for Quebec?

MR. JEAN-CLAUDE CHAPLEAU:

Well, if you talk about Quebec, if you talk about economic advantages for the country, first of all, this gas is going to the United States, first of all. So, it gives me nothing.

MR. JEAN PARÉ, Commissioner:

Yes, but the price of the gas is going to be paid to Canadians.

MR. JEAN-CLAUDE CHAPLEAU:

Well, I was never offered shares in a company for that.

MR. JEAN PARÉ, Commissioner:

Yes, but it is going to be in taxes.

MR. JEAN-CLAUDE CHAPLEAU:

Oh, yes, right, you still lower the value of my property, because when you have this wide servitude on my property, let me tell you one thing. The two hundred and fifty (250) feet wide, a quarter of a mile long, a third easement on my land, it is a big impact.

MR. JEAN PARÉ, Commissioner:

Okay, my question is: Does this project not have economic fall- out for Quebec?

MR. JEAN-CLAUDE CHAPLEAU:

Well, it is of no interest to me and no advantage to me. They can go from New Brunswick to the States, to the Portland, and that's the same for me. It won't bother me at all.

MR. JEAN PARÉ, Commissioner:

Okay, elsewhere, you say there is another outlay that you can consider. Why do you like this one?

MR. JEAN-CLAUDE CHAPLEAU:

Well, because it doesn't go through our land. It doesn't go through my land.

THE CHAIRMAN:

Okay, thank you, Mr. Chapleau, we take note of your opposition and your motives. Now, I would like to call Mr. Jean-Sébastien Chapleau.

MR. JEAN-SÉBASTIEN CHAPLEAU:

Good evening, Mr. President and Commissioners, my name is Jean- Sébastien Chapleau. I'm twenty (20) years old, and I'm part of the next generation. I will be soon finishing a course in operating bovine corporations in the spring of 1998. And then, I will start my sheep-raising company after that. My future is the land, the land of my parents.

Right now, TQM is going to cut three thousand (3,000) trees in five (5) years in our plantation and a very large quantity of the mature trees in our wooded land. The trees are my salary for the future. My parents have taught me the respect for others and the property, but it seems that TQM didn't learn that from anyone. They want to impose something dangerous for ourselves and our animals, something that will devalue our property, and especially which will tear down a forest land that is so important for the Eastern Townships region.

Maybe I'm young, but I'm very aware that all the trees that you are going to cut on our land, I will never be old enough to see them grow back. Several trees are easily twenty (20) and thirty (30) inches and more in diameter. So, I'm talking for us. The negative impacts are the same for all of the Eastern Township region.

What's going to happen to my sheep when the helicopters are going to be low-flying? And what is going to happen when the snowmobiles are going to come through and break down the fences? Because thirty (30) metres of unwooded land near two (2) easements will open a big highway right through the woods. This is unacceptable for the environment.

What's going to happen to my water supply for my sheep once they finish dynamiting? The water tables, will they still be there? Nobody can guarantee that. My buildings will be relatively close to the pipeline because of the configuration of our land. What's going to happen to our security with a problem caused by the pipeline? Nobody knows.

Even if I have not participated actively in the TQM meetings and the BAPE meetings, I did want to come in and give my opinion. I disagree with the current layout for the TQM pipeline. Please study and look at the other solutions that could have less impact on our region. Stop the forest destruction of such a magnificent region. I am sure you will find a better solution, something more logical and less destructive for the beautiful region of the Eastern Townships. Please, Mr. President and Commissioners, see to the future, thank you.

THE CHAIRMAN:

Thank you, Mr. Chapleau, you say that they want to impose something that is dangerous for you and your animals. What do you mean by dangerous?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, I mean that, with the pipeline that is going to go through, myself and my animals are going to have to eat somewhere. And so, if there is ever a leak or anything like that, I don't feel safe.

THE CHAIRMAN:

So, do you think that there is a danger of leakage?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Yes.

THE CHAIRMAN:

Okay, concerning low-flying helicopters, if there is some guarantee regarding altitude and those are respected, would this reassure you?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, not really, because still the animals are very nervous, and even if they stay at a higher altitude, I think that the animals are very nervous, and it is more difficult to control that, and it can have effects on the animals as such.

THE CHAIRMAN:

And you, as a sheep farmer, is natural gas of interest to you? Is it a resource you could use some day?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Yes, possibly.

THE CHAIRMAN:

Okay, Mr. Cloutier.

MR. CHARLES CLOUTIER, Commissioner:

On point number 4, you talked about your future buildings for 1998. You say that they are going to be relatively close to the pipeline because of the configuration of your land. Is it possible for you to tell us in terms of distance in metres or feet what you mean by relatively close?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, less than a hundred and fifteen (115) metres, a lot less.

MR. CHARLES CLOUTIER, Commissioner:

And these would be buildings --

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, it is a sheep barn.

THE CHAIRMAN:

Okay, Mr. Paré.

MR. JEAN PARÉ, Commissioner:

I'm going to ask you the question. Right now, you live near two (2) servitudes, rights of way. What sort of inconveniences do you face right now due to the presence of the Hydro Quebec and Gaz Metropolitain servitudes?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, first of all, there are ski-doos that go through our land in the winter. Right now, there are two (2) fences. Eventually, I'm going to have to build up another fence for grazing. I imagine that those will go through with their ski-doos. If they are able to do so, they will go through my grazing land.

MR. JEAN PARÉ, Commissioner:

Have they done so in the past?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Yes, they do so all the time, go through the fences. I mean we have to redo the fences all the time.

MR. JEAN PARÉ, Commissioner:

What are you doing to prevent this?

MR. JEAN-SÉBASTIEN CHAPLEAU:

Well, we keep blocking the fence.

MR. JEAN PARÉ, Commissioner:

Okay, thank you.

THE CHAIRMAN:

Thank you very much, Mr. Chapleau; Mr. Lucien Riendeau.

MR. LUCIEN RIENDEAU:

Good evening, Mr. Chair, Mr. Commissioners, further to the project for the gas line of TQM, here are a few facts. Among the people who have signed the petition that the gas line has to be changed, so that it can go around towards the periphery of farmlands, the major inconveniences are as follows: noise and shading.

According to a study done, I think it is attached. I don't know if you have it. It was done by German vets. Noise has a direct impact on cattle. There is a factor of stress, which could lead to early calving or premature calving. It affects the HRV system.

The three (3) producers are Arthur Riendeau, Alain Trottier, Lucien Riendeau, myself, cattle producers. We are dairy producers, and we expect to get a significant compensation from Trans Quebec Maritimes, because each time that the helicopter goes over our lands, our cows will - they go nuts for a period of thirty (30) to a hundred and twenty (120) minutes. As a result, the producer will have to leave the rings within the buildings, and that would result in much more significant costs to feed the animals. So, it is in your interest to get the pipeline going toward the periphery of the lands for the welfare of the animals.

This is signed Arthur Riendeau, Alain Robert, and Lucien Riendeau.

THE CHAIRMAN:

Thank you very much, Mr. Riendeau, the Commission will examine the data you have presented. We will examine what you have just said and the studies you have submitted for our examination; Mr. Cloutier.

MR. CHARLES CLOUTIER, Commissioner:

The references you have given us are quite interesting. There are different methods that could be used to reduce the impact of noise on animals. This could involve the time of year or when the helicopter or the airplane flies over the land, and it could also involve the height of the flight. Now, based on scientific studies, if specifications with respect to the time of flight and the height, if those studies showed that the impact would be minimal, would you be prepared to see flights over your farms?

MR. LUCIEN RIENDEAU:

Well, for the time being, I have experience with Hydro Quebec, and I have got problems. So, that's why I am afraid. I've got some really bad experiences with Hydro Quebec.

MR. CHARLES CLOUTIER, Commissioner:

So, have you incurred any losses already?

MR. LUCIEN RIENDEAU:

Yes.

MR. CHARLES CLOUTIER, Commissioner:

Were these losses compensated? Were you compensated by Hydro Quebec for these losses?

MR. LUCIEN RIENDEAU:

No.

MR. CHARLES CLOUTIER, Commissioner:

Why? Did Hydro Quebec recognize or deny this deed?

MR. LUCIEN RIENDEAU:

Well, I tried to do something, but to no avail. It is through the maintenance of the Hydro Quebec line that we have had problems. They have gone through with a four-wheel vehicle. They opened the fence and left it open. The animals, it took a week before the animals saw the hole. Now, once they saw the hole, within a week, they were all out of there, and there is a vehicle that struck fifteen (15) of them. Four (4) died. The vehicle was scrapped, and the guy was injured.

I contacted Hydro Quebec to find out when they passed through my land, and they said they did it seven (7) days ago, but at the end of seven (7) days, I reported it to the insurance company, and the insurance company responded, but I don't know. Maybe it hasn't been solved yet, but it has been two (2) years since this happened.

MR. CHARLES CLOUTIER, Commissioner:

I understand. Earlier on, I was talking about noise and impacts that you have had with your grazing, but what you are talking about is more with respect to the management or the maintenance of the corridor.

MR. LUCIEN RIENDEAU:

Well, as for the noise, I have had some experiences on that, too, with animals jumping over the fence as a result of the noise from helicopters.

MR. CHARLES CLOUTIER, Commissioner:

Have you had any loss of animals?

MR. LUCIEN RIENDEAU:

No, not caused by noise, but I have had some segments of my building torn.

MR. CHARLES CLOUTIER, Commissioner:

How about the three (3) others?

MR. LUCIEN RIENDEAU:

Well, the three others, it is the same thing.

MR. CHARLES CLOUTIER, Commissioner:

In other words, there haven't been any deaths. There have just been some injuries, if you like, to the animals.

MR. LUCIEN RIENDEAU:

Yes.

MR. CHARLES CLOUTIER, Commissioner:

Okay, thank you.

THE CHAIRMAN:

Now, you talked about shading as well, in addition to the noise.

MR. LUCIEN RIENDEAU:

Yes, when the cows are lying down and they see the shading coming down, that frightens them.

THE CHAIRMAN:

Now, if there is no noise and just a shadow, for example, if we are talking about delta planing, that doesn't make any noise. Would they still have a problem?

MR. LUCIEN RIENDEAU:

Yes, they would still have a problem with the shading or the shadows that they see.

THE CHAIRMAN:

So, if the flight is at a certain height, and if you can solve the problem of the shadowing, that problem would be solved. The noise is something else; Mr. Cloutier.

MR. CHARLES CLOUTIER, Commissioner:

Just a supplemental question, now, among the measures used to minimize the noise and the impact on animals, there is also, for example, the possibility of painting the roof of your farmhouse, so that the pilot can avoid flying over certain areas. This type of measure, is this something that could allay some of your fears?

MR. LUCIEN RIENDEAU:

The farmhouse is about five (5) acres away. That's a bit hard. It is only when the animals are lying in the grazing area.

MR. CHARLES CLOUTIER, Commissioner:

Okay, thank you very much.

THE CHAIRMAN:

Mr. Riendeau, thank you very much for your testimony; Mr. Normand Fortin.

MR. NORMAND FORTIN:

Good evening everyone. I haven't had the time to really prepare on this. I am just going to summarize, because I just came in this week. I own the Rosemont Golf Club, which has a surface area of thirty (30) acres. I already have two (2) servitudes on the land over six (6) acres. So, I don't really have any space left for any more servitudes. Where they want to go through is not close to the other servitudes. It is right in the middle of the golf club. So, I can see all kinds of inconveniences and problems with this, particularly since the work will be done during the golfing season.

Also, I don't particularly like the way TQM is going about its business, the way they have started. I mean I have thrown them out of my land three (3) times. And three (3) times they have come in with no permission at all. I mean everything has been done already, I mean. They are acting like savages. I don't really have any trust in them.

So, I'm opposed to their project. In fact, I am going to do more than that. I'm going to prevent them from going ahead with it through my land. I invite all those who -I urge everybody who is against this to take other means other than the BAPE. You know, whether it is Hydro Quebec, Gaz Metro, it is all the same, same gang. They are all paid by the government. So, I would like to be heard by a Judge independent from your gang to decide my case.

I made it clear to TQM that they could go through the edge of the land through Hydro Quebec's servitude, and they said they can't do that. Hydro Quebec doesn't give any rights in that regard. I called Hydro Quebec, and they said that's not true. They are a bunch of liars. We can give them the right. They said call such and such, and it is doable. It is really doable, but they never contacted.

Their business is already decided beforehand. They are consulting us just to make fun of us. And that is what is going to happen. They are going to laugh at us. I mean they are well on their way. That's all I had to say.

THE CHAIRMAN:

Thank you very much, Mr. Fortin, I would like to point out that you are putting, you know, the BAPE together with a very funny group. Obviously, they are paid by the government, and it is true that the Courts are different from the BAPE, but you know that the BAPE is an administrative tribunal. And it is governed by the Environmental Quality Act, and it has its own code of ethics. And what you are claiming, you are asking for neutrality and independence, and that is exactly what we are, but anyway it is up to you. If you want to go before a Judge, that's fine.

MR. NORMAND FORTIN:

Well, I am not requesting it. I demand it.

THE CHAIRMAN:

That's fine.

MR. NORMAND FORTIN:

Who is paying you guys?

THE CHAIRMAN:

Well, like the Judges, we are paid by the consolidated fund of the Quebec Government.

MR. NORMAND FORTIN:

Well, that's what I said. You guys are all in the same gang. The government, Hydro Quebec, it is false democracy. I mean you are making fun of us. I mean you are making fun of all the farmers, who don't have the time to - you know, some of them had to be up this morning at four (4:00) a.m.

THE CHAIRMAN:

Are you a farmer?

MR. NORMAND FORTIN:

No, I'm a golf owner.

THE CHAIRMAN:

But no farmer has told us that we were making fun of them, wasting their time.

MR. NORMAND FORTIN:

Well, several of them told me that this is not the time to do these kinds of public hearings.

THE CHAIRMAN:

Well, we have never heard that during all our hearings. I haven't heard that.

MR. NORMAND FORTIN:

Anyway, I'm telling you.

THE CHAIRMAN:

Thank you very much for your testimony, Mr. Fortin, that has been recorded in the transcripts, thank you.

MR. NORMAND FORTIN:

It is going to be the same. Like everybody goes home, and things will stay the same way, right?

THE CHAIRMAN:

Well, the BAPE will do its analysis, and you will see in our report if it produces anything. This brings us to the rectifications. Mr. Jean Trudelle has asked for a rectification.

MR. JEAN TRUDELLE:

Mr. Chair, Mr. Commissioners, I have a rectification to the second brief presented by Mr. Jean-Marc Saint-Hilaire. I would like to point that, on his land, he (inaudible) by the sector all together. There is an alternative line that has been studied, and that's along Highway 10, and that, in our minds, presents more environmental impacts.

I would also like to point out that, still in Mr. Saint- Hilaire's brief, that the gas line will not transmit gas strictly from Nova Scotia, but gas from western Canada, and it is on this basis that it was presented. And we know that the reserves from western Canada have been around for forty (40) years and more, and they are verified every year by the National Energy Board. So, it is a resource that is there, and that will be there for a long time.

I would also like to rectify the fact that the gas line doesn't benefit Quebec, as he said. On the contrary, we have indicated, I have pointed out many times and even in our opening statement, that the gas line will benefit Quebec significantly. By reinforcing the existing systems, it would increase the potential gas consumption. And already two (2) companies are already interested in picking up this extra gas: GM Asbestos and Magnolia, and many others will be interested in natural gas.

There is also the possibility of drawing certain products, as certain federations said. We are discussing with St-Hyacinthe to see if we could provide service to certain farms, and there is also some possibilities in the area of Coaticook.

Also to clarify the question regarding the duration of construction, when we talk about construction the second year, this would be final restoration work, surface restoration work, and this would be done generally speaking using lighter equipment than during the primary construction of the pipeline.

The last rectification having to do with the distance of the tennis court, Mr. Saint-Hilaire said the tennis courts are a hundred (100) feet from the gas line, but I want to rectify that to say that it is a hundred (100) metres from the gas line according to our plans and not a hundred (100) feet.

A rectification to the third brief from Mrs. Denise Brodeur, UPA Provençal, with respect to the line, we have already indicated that the regulatory authorities, CPATQ MF, have no objections to the line that goes through Ange-Gardien, but as indicated previously, in our opinion, we presented the line that presents the least impact.

The fourth brief, Mrs. Depadova, Mrs. Depadova asked us to rectify our line, and we are presently analyzing that.

The fifth brief, Mrs. Denise Savage, I would like to point out that the width is not twenty-three (23) plus ten (10), but eighteen (18) in width, considering that we are going to pick up some of the width from Gaz Metropolitain's right of way. Also with respect to the problem of water, I would like to point out that these problems have been there since 1972, as reflected in document DB-12, and there is no indication that these problems were caused by the gas line.

That's it for my rectifications.

THE CHAIRMAN:

Thank you very much; Mr Cloutier.

MR. CHARLES CLOUTIER, Commissioner:

I would have one question, just a clarification. In Mr. Saint- Hilaire's presentation, it was pointed out that, during the construction period, the right of way would become a route that is highly used. That is a lot of traffic, trucks, and tractors. There is a lot of traffic, significant traffic, along that. Can you give us some clarifications in this regard?

MR. JEAN TRUDELLE:

Well, the construction work is done in several construction segments. It is almost like an assembly line. Now, if it is a farmland, there would be a team to cut out the arable land, and you have equipment to cut off the arable land. And then, you have another team that would do the digging. And then --

MR. CHARLES CLOUTIER, Commissioner:

I'm sorry, we have already talked about this, I think, but what I want to know is what about the traffic, the trucks. Now, during the summer, even if the work is not done on a property or even if the work has been finished on a property, this property would still - that you will still have trucks going through this property.

MR. JEAN TRUDELLE:

Generally speaking, the heavy equipment would be located with the different teams doing the different work, the different types of work. Now, service teams, whether we are talking inspectors or foremen, they would be able to use the servitude to go from one team to another, one sector to another, and that time maybe there will be traffic with light trucks throughout the servitude.

MR. CHARLES CLOUTIER, Commissioner:

Thank you very much.

THE CHAIRMAN:

Thank you very much, this brings to a close our session. The Commission will continue its work next Monday in Coaticook; thank you very much, good evening, everyone.

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I, the undersigned, Official Court Reporter, do hereby certify that the foregoing is a true transcription of the proceedings translated into English, to the best of my knowledge and ability.

AND I HAVE SIGNED:

____________________________

Annagret Rinaldi

Official Court Reporter