PUBLIC MEETINGConsultation on the draft Order respecting

the declaration of a special planning zone (SPZ)to promote better management of flood zones

4 juillet 2019

OUTLINE OF THE PRESENTATION

1. Purpose of the meeting2. Organization and conditions governing participation3. Review of recent flooding in Québec4. Mapping of flood zones 2017 and 2019

5. The normative framework in flood-prone areas6. Presentation of the proposed special planning zone7. Government land-use planning action plan pertaining to flooding 8. Forthcoming phases9. Question period and comments

10. Conclusion of the meeting

1. PURPOSE OF THE MEETING

Receive comments from individuals and organizations concerned by the proposed special planning zone.

A consultation report will be published on the MAMH website at: www.mamh.gouv.qc.ca

2. ORGANIZATION AND CONDITIONS GOVERNING PARTICIPATION

The presentation should last roughly 30 minutes to afford participants as much time as possible to speak.

Three hours have been allotted for questions and comments.

Conditions governing participation: first, each individual or representative of an organization is entitled

to speak for not more than two minutes;

second, time permitting, individuals and the representatives of organizations can speak again.

3. REVIEW OF RECENT FLOODING IN QUÉBEC

2017 2019

293 municipalities affected in 15 regions

More than 5 300 homes flooded

More than 4 000 people evacuated

Roughly 500 homes sustained significant damage that made them uninhabitable

The scope of flooding was comparable to that in 2017

At least 250 municipalities affected in 16 regions

More than 7 000 homes flooded

More than 10 000 people evacuated

312 municipalities were affected by flooding in 2017 or in 2019.

4. MAPPING OF FLOOD ZONES 2017 AND 2019

In conjunction with the draft Order to establish a special planning zone (SPZ), the adjustment of flood mapping of the sectors flooded by the 2017 and 2019 spring freshets is under way to ensure that it is accurate. The adjusted version of the flood mapping will be made public when the Québec Government publishes the order respecting the SPZ.

Moreover, following the publication of the Order, the municipalities and individuals concerned may comment on the revised flood mapping. They will have until August 19, 2019 to submit their comments to zis2019@mamh.gouv.qc.ca.

This approach is in response to comments from certain municipalities, RCMs and individuals related to the accuracy of the maps representing the sectors flooded.

5. THE NORMATIVE FRAMEWORK IN FLOOD-PRONE AREASProtection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains

In Québec, the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains defines the rules applicable to works and constructions on lakeshores, riverbanks, littoral zones and floodplains, watercourses and lakes.

5. THE NORMATIVE FRAMEWORK IN FLOOD-PRONE AREAS Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains

Highlights Adopted in 1987 Amended in 1991, 1996, 2005, 2008,

2014 and 2017 Hybrid document

Key directions (management plan, exemption criteria, and so on)

Minimal normative content (definitions, shorelines, littoral zones, floodplains, flood-proofing measures)

Minimal standards must be integrated into municipal by-laws

5. THE NORMATIVE FRAMEWORK IN FLOOD-PRONE AREAS

6. PRESENTATION OF THE PROPOSED SPZ

Pursuant to the Act respecting land use planning and development, the Government may, by order, declare part of Québec’s territory a special planning zone.

An SPZ seeks to resolve a planning or environmental problem whose urgency or seriousness warrants intervention.

6. PRESENTATION OF THE PROPOSED SPZ

The spring freshet in 2019 caused major flooding in several municipalities, which significantly damaged numerous homes and other buildings.

This marks the second time in two years that major flooding has occurred.

The Government believes that it is a planning problem whose seriousness warrants its intervention.

To ensure the security of individuals and property in the future, the Cabinet adopted on June 10, 2019 a draft Order to establish an SPZ to promote better management of flood zones.

6. PRESENTATION OF THE PROPOSED SPZObjectives

Ensure the security of persons and property.

Promote stringent management of flood zones.

Impose a moratorium on construction and reconstruction for the period that precedes the elaboration by the Government of a new normative framework and its implementation by the municipalities.

Ensure the uniform application of the provisions in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains.

6. PRESENTATION OF THE PROPOSED SPZTerritory of application

Mapped 0-to-20-year flood-prone areas (or delimited by flood elevations) in land use planning and development plans and the interim control by-laws of the RCMs for Québec overall.

Sectors flooded in the spring freshet of 2017 and 2019 as the Government mapped them according to the information available.

All told, 813 municipalities are covered by the Government’s draft Order.

6. PRESENTATION OF THE PROPOSED SPZTerritory of application

Individuals must contact their municipality to ascertain whether their buildings are located in the territory of the SPZ.

Maps of the zones flooded in 2017 and 2019 can be consulted online at:www.cehq.gouv.qc.ca/zones-inond/carto-zones-inondees-2017-2019.htm

6. PRESENTATION OF THE PROPOSED SPZConstruction and reconstruction in flood zones

Reconstruction and new construction would be prohibited, except as stipulated in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains.

A building could be repaired if the damage represents less than 50% of its value.

The flood-proofing measures stipulated by the Protection Policy would apply.

Enhanced flood-proofing measures should be implemented during major work carried out on a home.

In the littoral zone, additional constraints would apply, in particular reconstruction and embankments would be prohibited.

6. PRESENTATION OF THE PROPOSED SPZDamage assessment

An assessment is necessary if the building displays any of the following characteristics: Water reached the first floor;

The foundations of the building must be replaced;

Work to stabilize the building must be carried out.

• In such cases, a professional who possesses expertise in damage assessment should assess the damages.

6. PRESENTATION OF THE PROPOSED SPZDamage assessment

6. PRESENTATION OF THE PROPOSED SPZFlood-proofing measures

To the conditions stipulated in the Protection Policy would be added enhanced flood-proofing measures when major work is carried out on a residential building: no inhabitable room in the basement;

no major component of a mechanical system such as an electrical, plumbing, heating or ventilation system may be installed in a basement, unless it must necessarily by its nature be located there;

a basement must, where applicable be finished with water-resistant materials.

6. PRESENTATION OF THE PROPOSED SPZSpecial provisions for Sainte-Marthe-sur-le-Lac

The specific situation of Sainte-Marthe-sur-le-Lac requires the adoption of adapted measures.

The draft Order authorizes the reconstruction of buildings destroyed by flooding in Sainte-Marthe-sur-le-Lac.

Construction is prohibited on lots that were vacant as of June 10, 2019 located in the zone flooded in 2019, until the Government has elaborated the new normative framework governing flood-prone areas and it has been integrated into municipal by-laws.

6. PRESENTATION OF THE PROPOSED SPZFreeze

Section 162 of the Act respecting land use planning and development stipulates, in particular, that construction is prohibited as of the date of publication of the draft Order in the Gazette officielle du Québec. All new constructions, alterations, additions or installations therein would be prohibited as well as any new use of the land, except for agricultural purposes.

However, the Government has adopted an order such that the freeze does not cover certain works and structures authorized by the Protection Policy, in particular the repair, maintenance and modernization of existing buildings, without expansion.

The freeze ceases when the order comes into force.

6. PRESENTATION OF THE PROPOSED SPZApplication of and follow-up to the SPZ

The municipalities would be responsible for the application of the provisions in the SPZ.

Compatible municipal by-laws would still be applicable, including the by-laws that are more stringent than the provisions in the SPZ.

Local municipalities must submit to their RCMs the construction permits granted, the damage assessments, and violations detected of the regulations stipulated in the SPZ.

Every year, the RCMs should submit to the Minister of Municipal Affairs and Housing information on the permits issued and the violations detected as long as the SPZ is in force.

6. PRESENTATION OF THE PROPOSED SPZAdjustment

The SPZ would stipulate a power to enable the Minister of Municipal Affairs and Housing to amend, revise or abrogate by order the regulations applicable to a municipality.

Such a power would make it possible to take into consideration certain specific situations in certain municipalities in order to establish specific, adapted regulations.

6. PRESENTATION OF THE PROPOSED SPZDuration of the SPZ

The SPZ would remain in force until the Government’s new normative framework to manage flood-prone areas is fully integrated into the land use planning and development plans of local municipalities and the RCMs accountability reflects the sound administration of the SPZ.

A power would allow the Minister of Municipal Affairs and Housing to lift the application of the SPZ by the RCM when such conditions are fulfilled.

7. GOVERNMENT LAND-USE PLANNING ACTION PLAN PERTAINING TO FLOODING

Spring freshets in 2017 and 2019 also highlighted the need to engage in comprehensive action that must quickly lead to the implementation of longstanding measures to ensure the security of individuals and property in flood-prone areas in Québec.

In this context, the Government intends to elaborate a land-use planning action plan pertaining to flooding in Québec. The plan will be completed in December 2019.

One measure in the plan will review the land-use planning normative framework applicable to flood-prone areas.

8. IMPENDING PHASES

1. Submission to the authorities of comments and amendment of the draft Order, if warranted.

2. Adoption of the order and coming into force of the SPZ (mid-July).

3. Elaboration of the land-use planning action plan pertaining to flooding (December 2019).

4. Elaboration of a new normative framework governing land-use planning applicable to flood-prone areas.

9. QUESTION PERIOD AND COMMENTS

Reminder of the procedure: Participants should address questions to the chair,

who will direct them to the appropriate interveners.

One intervention per person lasting not more than two minutes.

Time permitting, a person may intervene a second time.

TO OBTAIN ADDITIONAL INFORMATION

On the SPZ: www.mamh.gouv.qc.ca

On the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains: www.environnement.gouv.qc.ca

On the maps of the sectors flooded in 2017 and 2019 covered by the draft Order: www.cehq.gouv.qc.ca/zones-inond/carto-zones-inondees-2017-2019.htm

On the financial assistance program: www.securitepublique.gouv.qc.ca

THANK YOU TO ALL OF THE PARTICIPANTS!