AGRICULTURAL ADVISORY COMMITTEE – MINUTES – 116th meeting / Monday, April 8, 2024 at 5:39 p.m.
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Presentation on the process for identifying territory incompatible with mining activity (TIAM) in agricultural zones – Information
The PowerPoint document "The process for identifying territory incompatible with mining activity (TIAM) in agricultural zones" was presented to the members. The presentation was broken down into the following sub-themes:
- Objective of the presentation;
- Contextualization;
- Current situation;
- Desired situation;
- Timeline.
Following the presentation, questions, answers, and comments were formulated, concerning among other things:
- The government does not authorize the identification of agricultural territory as 100% TIAM. However, a rate of 99.9% is acceptable;
- In the current proposal, two strips of territory with rural designation allow for compliance with the obligation not to identify 100% of the territory as TIAM;
- It is noted that the MRC Papineau is on its third request to the government in 7 years, and it had a request refused that would have identified 65% of its territory as TIAM. However, its constraints are not the same as those of the Ville de Gatineau;
- The administration exchanged with the MRC des Maskoutains. It was at this moment that the path of 'dynamic agricultural' designation was raised. In Gatineau, the entire agricultural designation in the Schéma d’aménagement et de développement (SAD) could potentially be 'dynamic agricultural';
- To include the agricultural zone in the TIAM, it must be proven that it is 'dynamic agricultural';
- The agricultural designation in the Gatineau SAD groups together several classes of agricultural potential, notably class 2 and 3 soils which are recognized as suitable for dynamic agriculture;
- The agricultural territory that is not part of the moratorium for the issuance of new claims is identified. The moratorium is renewable every six months;
- It is proposed to include 100% of the agricultural designation territory in the TIAM;
- The habitat zones of the muskrat and the western chorus frog are part of the analysis and will allow for increasing the percentage of 'conservation agricultural' designation to be included in the TIAM;
- A claim is an exploration right. A TIAM prevents the obtaining of new claims. An existing claim expires after 3 years. It is possible to renew a claim, but certain criteria must be met;
- A claim can contain several lots. The owner of a claim can therefore request access from several lot owners. It is sufficient for only one owner to grant access to their lot for a claim owner to start their exploration activities. A lot owner can grant access to the entirety or a part of their lot;
- It is believed that the territory identified in the moratorium cannot be modified during the TIAM identification process. This avenue is to be explored;
- It is specified that the fee for a claim with an area of 50 hectares is $75, and that a claim is valid for 3 years. A claim can be renewed if it is possible to prove expenses of $1,200 for exploration work. In the event that work has not begun, a claim can also be renewed, but at a fee of $2,400 and its renewal will be valid for 2 years. When in a TIAM, if there is no renewal, a claim expires. Furthermore, for a person who holds several claims, exploration costs can be transferable to other claims;
- The ministère des Affaires municipales et de l’Habitation (MAMH) acts as the spokesperson for all ministries to issue a notice of compliance in connection with the adoption by a council of a bylaw amending the SAD. It sends a request for an opinion to the involved ministries, and the latter send back to the MAMH a notice of compliance regarding their orientations. The MAMH subsequently communicates with the applicant, and mentions, if applicable, the nature of the expected modifications;
- Article 53.5 of the Loi sur l’aménagement et l’urbanisme requires the holding of a public consultation after the adoption of a draft bylaw amending the SAD. The Commission du développement du territoire et de l’habitation (CDTH) will likely also be consulted upstream;
- The number of public consultations held will not have an impact on the assessment of the request sent to the MAMH;
- In the event of a refusal by the MAMH, it could be considered to proceed with new public consultations;
- The analysis continues to attempt to include the two small strips of rural designation in the TIAM;
- The percentage of the agricultural zone that will be protected by a TIAM is requested. It is proposed to follow up at the next meeting;
- In general, it is rare that a claim belongs to the owner of a lot. However, several agricultural lot owners have purchased a claim on their property to protect themselves and to avoid someone else doing so;
- The purchase of claims by the City on the percentage of agricultural territory that will not be protected by TIAMs is proposed. This avenue has not been explored;
- The ratio of real claims compared to owner claims in the agricultural zone who wish to protect their property is unknown.
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Follow-up on regulatory amendment projects 501-72-2024 and 532-38-2024 presented during the municipal council meeting held on March 19, 2024:
a) 501-72-2024 – Notice of motion and filing of Bylaw number 501-72-2024 amending the Règlement d’administration des règlements d’urbanisme number 501-2005 with the goal of removing the requirement to obtain an authorization certificate for the exploitation of topsoil
b) 532-38-2024 – Draft Bylaw number 532-2020 with the goal of updating the provisions relating to additional uses to the main uses of the categories "agriculture without livestock (A1)" and "agriculture with livestock (A2)"
Questions, answers, and comments were formulated, concerning among other things:
- The final adoption of these two draft bylaws is scheduled for June 25, 2024;
- The holding of a public consultation assembly after the filing of the first draft bylaw is mandatory;
- The process for adopting a draft bylaw is specified;
- The objective is to align with the requirements of the Loi sur la protection du territoire et des activités agricoles (LPTAA);
- A problem is raised regarding the standards concerning tree cutting in agricultural environments, which are the same as in residential environments. It is asked if these standards have already been modified to adhere to the requirements of the LPTAA. A follow-up will be done at the next meeting;
- It is noted that several producers in the agricultural zone wish to start repellent livestock farming such as pig, poultry, or mink farming. It is requested to verify if this type of farming is authorized in Gatineau.
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Presentation on the inventory of municipal lands in agricultural zones – Information
The PowerPoint document "Inventory of municipal lands in agricultural zones" was presented to the members. The presentation was broken down into the following sub-themes:
- Objective of the presentation;
- General portrait;
- Preliminary analysis;
- Next steps.
Following the presentation, questions, answers, and comments were formulated, concerning among other things:
- The aéroparc (airport park) alone constitutes 82% of the surface area of municipal lands in the agricultural zone. Several leases are in effect at this location. They are managed by the aéroparc, and not by the City;
- The inventory includes 45 municipal lands;
- It is asked which lands are exploited, exploitable, leasable, and the types of activities that are wished to be developed there. It is answered that this analysis will follow in a second phase;
- 4 or 5 landowners within the limits of the aéroparc lease their land;
- Unexploited lands around the airport and in the health safety zone could accommodate greenhouse agriculture;
- It is suggested to lease agricultural land before selling it. The tenant will take the time to develop the land. The land will therefore be developed at the time of sale;
- For now, the City does not have a management strategy for its lands in the agricultural zone. It proceeds on a case-by-case basis, according to demand. A strategy could be studied;
- The Comité consultatif agricole (CCA) is informed of transactions affecting municipal lands in the agricultural zone;
- An agricultural cluster could help develop the aéroparc land, with the collaboration of ID Gatineau;
- Most lands have constraints. The challenge is to imagine how to promote their development;
- The mandates of the CCA and the PDZAA monitoring committee are specified. The CCA does not handle the regular monitoring of the implementation of the PDZAA;
- The next step that will follow the inventory of municipal lands in the agricultural zone will fall under the PDZAA and its monitoring committee. The monitoring committee will evaluate the prioritization of future actions. A timeline on this subject should be presented shortly;
- The contract with Arterre, if not renewed, will expire in December 2024;
- The addition of a resource at the City dedicated 100% to the agricultural zone is essential;
- Arterre, in collaboration with the administration, has developed filters to determine the lots most suitable for agriculture. The City's strategy to showcase these lands remains to be developed before these lots are registered with Arterre. Subsequently, the matching process can begin;
- In the event that the strategy is not only at the level of leasing, but of setting up an incubator, the CREDÉTAO could be involved to evaluate the possibilities.