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Follow-up petition on airport expansion in Dorval, Quebec

Petition

Office of the Auditor General
240 Spark Street
Ottawa, Ontario
K1A 0G6

ATTN: Mr. Ronald Thompson
Interim Commissioner of the Environment
January 4^th, 2008

Dear Mr. Thompson:

Please accept this as a petition under Section 22 of The Auditor General's Act. This is a follow-up to our Petition 212. We need the intervention of the responsible federal ministers to save Golf Dorval, from the would-be industrial land speculations of Aéroports de Montréal (ADM), for a development project that is not required for airport use. Appendix A shows highlights from the extract of a speech that Mr. James Cherry (President and CEO of ADM) delivered to the Board of Trade of Metropolitan Montreal on March 30, 2006, that confirms the speculative nature of this development and the fact that same is not required for airport use.

Golf Dorval is a municipally zoned green space with many thousands of trees, an abundance of migratory birds, (including blue herons, ducks, egrets and Canada geese) fauna (including red foxes which are on the "Watch list" of Endangered Species) and wetlands, including three major streams, a community jewel that until last year featured two 18 hole championship golf courses, located in the West Island of Montreal, Quebec. Effectively, 9 holes were bulldozed last summer and 27 holes remain.

We are petitioning that in the interest, the health and well being and the quality of life of the majority of the citizens in the western part of Montreal Island, that the plans to build industrial sites in the territory known as Golf Dorval, with all that it entails, be halted. We further request that a moratorium be imposed on any land speculation that is not necessary for airport operations, until such time as a thorough Environmental Assessment, with full public consultations, can be conducted.

According to the Aeronautics Act (see extract in Appendix B):

"The Minister is empowered to construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

"aerodrome" means any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith.

Q1—Given the statements made at the recent Climate Change Conference in Bali, will the Minister of Transport, Infrastructure and Communications explain how he can justify destroying a green space with "industrial land speculation", that is NOT required for airport operations, which is precisely what is planned for the remainder of the golf course?

Q2—Some Transport Canada (TC) officials had indicated to me that ADM, by virtue of its lease with TC, had the right to pursue a "commercial and industrial" project on the "non-hangar" Golf Dorval land (representing about 27 holes) in accordance with the lease's Land Use Plan (LUP). However, my understanding of the law is that ADM cannot have more powers than the Minister of Transport. Its lease is a commercial agreement and not legislation. In fact, the destruction of a green space that is zoned as such by the City of Dorval would be a violation of provincial and municipal laws. Given the above, as well as the Ministerial responsibilities outlined by the previously mentioned Aeronautics Act, what law(s) does the Minister of Transport believe will allow him to do that? In other words, if the City of Dorval refuses to modify its current Green Space/Parkland zoning bylaws for the 'non-hangar' portion of Golf Dorval what law(s) grant(s) ADM and/or the Minister of Transport the right to build a speculative real estate project, that is not required for airport operations, on said Golf Dorval land?

Q3—We have examined the 1992 lease (some 430 pages) between Transport Canada and ADM and have extracted several clauses pertaining to the Environment with which we have concerns about possible violations. Please refer to Appendix C, the table entitled "TABLEAU D'ANALYSE DES VIOLATIONS AUX CLAUSES ENVIRONNEMENTALES CONTENUES DANS LE BAIL SIGNÉ PAR LE MINISTRE DES TRANSPORTS DU CANADA ET AÉROPORTS DE MONTRÉAL LE 31 JUILLET 1992". Each time we will refer to a paragraph of the lease in the present letter, it will be called an ITEM and found in the first column of the table. We believe that ADM is not acting in "good faith" as stipulated right at the beginning of the lease (ITEM 1) and that its environmental behaviour in particular has not been properly monitored by Transport Canada. Specifically we request an explanation by the Minister of Transport of his "Airport Authorities Lease Monitoring Program" as outlined in his responses to Q3, Q9, Q14 & Q15 of Petition 212.

Q4—According to the responses to Petition 212—Q5, given by the Minister of Transport and echoed by the Minister of the Environment, "there are no colonies of migratory birds in the vicinity of the proposed activity, and no wetlands in the area in question". In point of fact, there are thousands of migratory birds that make their home on the golf course and they are attracted by the ponds, streams and wetlands in the area. See photos of herons, ducks and geese, ponds and wetlands under Appendix D entitled "Where is the Truth?" The Bertrand Stream is part of an ecoterritory, as can be seen in the photo and description from the City of Montreal's Urban Plan. The Bouchard Stream and Denis Stream also flow through the courses.

ITEM 6—Results of Environmental impact studies do not appear to have been carried out, or ADM and TC would not be stating that there are no migratory birds or wetlands at Golf Dorval. When I asked Dorval Mayor Edgar Rouleau his opinion on the matter during the November 2007 city council meeting, he stated, "There are thousands of birds there". See in Appendix E highlight from the front page of the West Island Chronicle November 28,  2007 article titled "Environmentalists cry foul at airport". Furthermore, ADM spokesperson, Christiane Beaulieu, stated in the same article that she was unaware of the presence of migratory birds.

Given that ADM is responsible for the Environment on the golf course, and given that the Minister of Transport checked with ADM prior to answering our question, how is it possible for the Minister to have been so badly misinformed and mislead? Either ADM is incompetent and not living up to its responsibilities to properly manage the environment or it is acting in bad faith. Will the Minister please investigate and advise us which it is? With this obvious error of fact, one must question the integrity of the entire process.

Environment Canada is responsible for the application of the Migratory Birds Convention Act, 1994 and regulations pertaining to environmental issues, including the Canadian Environmental Protection Act, 1999. Given that ADM has not implemented required measures to protect the environment, what measures will the Minister of the Environment take that will ensure compliance with acts and regulations for which it is responsible? When will this be done?

Q5—According to the Lease (ITEMS 2 & 3), ADM is responsible for all of the obligations that are incumbent upon the Transport Ministry and therefore must respect all applicable laws, including Sustainable Development which was enacted two years before the creation of ADM. ADM is responsible for assuming all obligations that would normally be assumed by TC, whether or not such obligation is expressly mentioned in the lease. How can the Transport Minister claim, as he does in his response to Q14, that ADM does not have to abide by the same laws, by-laws or any other act, because it is presumably a private company?

Q6—Further evidence of our concerns that ADM is acting in "Bad faith" stem from remarks made by ADM's vice president of public affairs when she claimed that there had been "documented public consultations". Would the Minister of Transport please provide us with a copy of those consultations? Contrary to the stipulations in the Lease (Item 4), ADM has not consulted with the various groups that are concerned about the demise of Golf Dorval, including the Green Coalition and SOS Dorval. In fact, contrary to stated policy, ADM has never even acknowledged receipt of the Green Coalition's letter requesting that we be included in the public consultations. Perhaps the Minister can explain how the audit is supposed to work to prevent such occurrences, because a follow up request was made directly to ADM's CEO at the AGM in May and the result was the same: no response. What will the Minister do to enforce policy (ITEM 16) and ensure that ADM complies with the undertakings in the ground lease, now that TC's regular audit through its annual Airport Authorities Lease Monitoring Program has shown itself to be ineffective?

Q7—(ITEM 5) Can the Minister investigate whether ADM had shown in its 10 year Airport Master Plan of 1995 that Golf Dorval would disappear to make room for airport expansion (instead of Mirabel) and that ADM would engage in speculative real estate development?

Q8—(ITEM 7) Did ADM ever produce a revised Airport Master Plan in 2003? Was there any indication that Golf Dorval would be destroyed to make room for airport expansion (instead of Mirabel) and engage in speculative real estate development?

Q9—(ITEM 9) The proper consultation with neighbouring municipalities and other interested parties, including the Green Coalition and SOS Dorval, has not taken place regarding the land use, even though the Minister of Transport has stated that he has signed off on the project. This is also a violation of ADM's ISO 14001 certification, which requires proper consultation with concerned groups. Will the Minister show tangible proof that ADM consulted with the government of Québec, the surrounding municipalities and the groups concerned with the future of Golf Dorval? Have all parties been made aware of ADM's real intent for future use?

The Minister stated (P212 - Q11) that "no public consultations are required on the part of TC", however, it is incumbent upon him to ensure that ADM meets the requirements outlined in its Lease, including public consultation. Proper consultation is also a condition of approval by the Quebec Environment Minister. Will the Minister acknowledge that he is ultimately responsible for the actions of his tenant and guarantee compliance?

Q10—(ITEM 11) Did the Land Use Plan provide sufficient details that would indicate the impending destruction of a migratory birds habitat, compromise important wetlands and destroy Golf Dorval?

(ITEMS 13 & 14) Golf Dorval was deemed to have been legally maintained on the premises the day before the Land Use Plan had been approved, which means that it cannot be considered incompatible with the objectives of a Major International Airport.

Q11—(ITEM 15) Did TC and ADM consider Dorval to be a better choice than Mirabel for airport expansion to adequately serve the users in a 75 km radius, given that the former's airport capacity could not be expanded without infringing upon the surrounding citizens' right to a minimum quality of life, without harming a major ecoterritory on the island of Montreal and without destroying a valuable sport recreation venue and community gathering place that is lauded by health authorities and citizens alike?

Q12—(ITEM 17) Precisely who among ADM's Board of Directors was deemed to be representative of the surrounding municipalities, that would have approved the destruction of Golf Dorval?

Q13—(ITEM 18) ADM is responsible for ensuring that no conflict of interest occurs, however, in the matter of Golf Dorval, we have some serious reservations concerning the process. The TM did not answer our question (P212 - Q6) concerning conflict of interest by ADM. Why not? Who stands to benefit from the creation of industrial sites on the northern part of Golf Dorval? Was there a conflict of interest involved with the decision makers in determining the fate of Golf Dorval? Are managerial bonuses tied to economic performance alone, rather than to the principles of Sustainable Development? If yes, why?

Q14—(ITEM 20) Why does ADM always hold its annual general assembly downtown, at 10:00 a.m. on a weekday, rather than on an evening in a room located on the airport premises, as the lease requires? Why was CEO James Cherry allowed to claim that the question period was our group's "public consultation"?

Q15—(ITEM 22) Has the Transport Minister ever been informed by ADM of any discrepancy between the provincial or municipal laws, by-laws or codes and similar federal laws, by-laws or codes? Has the Minister ever been given a chance to arbitrate such discrepancies for the protection of the citizens concerned?

Q16—(ITEM 23) Transport Canada has paid for an Environmental Report to analyze the soil and the water for dangerous substances. All interested parties should be given access to this Report. Was a copy of the report given to the City of Dorval? Why hasn't the Green Coalition been given access to this report?

Q17—(ITEMS 25 & 26) We request that TC conduct a proper inquiry into the manner in which Canada's and Quebec's Environmental Laws are being manipulated or ignored by its tenant, ADM. Why aren't Quebec's Environmental laws being respected?

Q18—(ITEM 28) How will the Minister remediate the harmful environmental situations created by ADM and delineated in previous questions and comments, because what's in place isn't functioning properly? What will the Minister do to ensure compliance with applicable acts and regulations by ADM when carrying out its project?

Finally, on the environmental front, despite the airport's best efforts to minimize its noise impact on the island, it will always remain a significant source of air and noise pollution for many neighboring residents because it's the "nature of the beast". Using a "Carbon Credit" concept, when some industries cannot fully comply with their objectives because of their type of operation, they can "purchase" carbon credits from sources that are below established norms. For example, former U.S. Vice President Al Gore (author and star of the movie "An Inconvenient Truth") purchased some "carbon credits" to offset the negative environmental footprint related to his Tennessee mansion. Conceptually, keeping a significant part of Golf Dorval in perpetuity would be like a "credit" in favour of the airport, to recognize the fact that it will always remain a significant source of noise and air pollution for neighboring residents. It would require initiative and leadership (such as the public system set up in Ontario), but is this not an outstanding way for the Transport Minister to promote one of ADM's three basic missions, namely, to "Coexist in harmony with the surrounding environment, particularly in matters of environmental protection"?

Ultimately, saving Golf Dorval is a vision thing. A major responsibility of elected officials is to establish a vision that balances, among other items, sustained economic development with quality of life for its current and future citizens. To paraphrase a saying, we are only borrowing the land that will be used by future generations. It would be truly unfortunate if the current generation did not exercise its full powers to preserve an amenity that clearly will benefit future citizens living on Montreal Island. Please take into consideration that once Golf Dorval disappears, the decision is irrevocable. Such a facility can never be replaced on Montreal Island.

In closing, I would like to quote Mr. Rajendra Pachauri, a scientist & economist who heads the IPCC, the panel which was awarded the Nobel Prize for Peace:

"What we do in the next two to three years will determine our future.
This is the defining moment."

Sincerely,

[Original signed by Paul Wilkinson]

Paul Wilkinson
For The Green Coalition
391 Touzin Avenue
Dorval, Quebec
H9S 2N3

Tel : (514) 636-9773

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Minister's Response: Environment Canada

12 June 2008

Mr. Paul Wilkinson
The Green Coalition
391 Touzin Avenue
Dorval, Quebec
H9S 2N3

Dear Mr. Wilkinson:

I am pleased to provide Environment Canada’s response to your Environmental Petition no. 212-B, to the Commissioner of the Environment and Sustainable Development, regarding potential impacts on Golf Dorval of local industrial development and expanded operations at Pierre Elliott Trudeau Airport. Your petition was received by the Department on February 15.

Please find enclosed Environment Canada’s response to your petition, which addresses the issues that fall under the Department’s mandate. I understand that the Minister of Transport, Infrastructure and Communities will be responding separately to questions that fall under Transport Canada’s mandate.

I appreciate this opportunity to respond to your petition and trust that you will find this information helpful.

Sincerely,

[Original signed by John Baird, Minister of the Environment]

John Baird, P.C., M.P.

Enclosure

c.c.: The Honourable Lawrence Cannon, P.C., M.P.
Mr. Ronald C. Thompson, Interim Commissioner of the Environment and Sustainable Development

Environment Canada’s response to Environmental Petition no. 212-B,
pursuant to section 22 of the Auditor General Act,
regarding potential impacts on Golf Dorval of local industrial
development and expanded operations at Pierre Elliott Trudeau Airport.

Q4—According to the responses to Petition 212–Q5, given by the Minister of Transport and echoed by the Minister of the Environment, “there are no colonies of migratory birds in the vicinity of the proposed activity, and no wetlands in the area in question”. In point of fact, there are thousands of migratory birds that make their home on the golf course and they are attracted by the ponds, streams and wetlands in the area. See photos of herons, ducks and geese, ponds and wetlands under Appendix D entitled “Where is the Truth?” The Bertrand Stream is part of an ecoterritory, as can be seen in the photo and description from the City of Montreal’s Urban Plan. The Bouchard Stream and Denis Stream also flow through the courses.

ITEM. 6—Results of the Environmental impact studies do not appear to have been carried out, or ADM and TC would not be stating that there are no migratory birds or wetlands at Golf Dorval. When I asked Dorval Mayor Edgar Rouleau his opinion on the matter during the November 2007 city council meeting, he stated, “There are thousands of birds there”. See in Appendix E highlight from the front page of the West Island Chronicle November 28, 2007 article titled “Environmentalists cry foul at airport”. Furthermore, ADM spokesperson, Christiane Beaulieu, stated in the same article that she was unaware of the presence of migratory birds.

Given that ADM is responsible for the Environment on the golf course, and given that the Minister of Transport checked with ADM prior to answering our question, how is it possible for the Minister to have been so badly misinformed and mislead? Either ADMO is incompetent and not living up to its responsibilities to properly manage the environment or it is acting in bad faith. Will the Minister please investigate and advise us which it is? With this obvious error of fact, one must question the integrity of the entire process.

Environment Canada is responsible for the application of the Migratory Birds Convention Act, 1994 and regulations pertaining to environmental issues, including the Canadian Environmental Protection Act, 1999. Given that ADM has not implemented required measures to protect the environment, what measures will the Minister of the Environment take that will ensure compliance with acts and regulations for which it is responsible? When will this be done?

Environment Canada’s Canadian Wildlife Service indicated that the available data showed no colonies of migratory birds¹ in the vicinity of the project area. The data also indicated that there was no species considered at risk under the Species at Risk Act, or wetlands.²

The data used by the Department in providing this reply is the same data used for any environmental impact assessment. This data is gathered by departmental officials during inventories; from databases developed by Environment Canada or in partnership with other governmental agencies and non‑governmental organizations; and from databases provided by other organizations that use volunteers and amateur ornithologists, and that are supported financially by the Department. Environment Canada is confident that these data sources provide reliable information for this environmental assessment.

In this case, Environment Canada scientists consulted the following sources:

• Le Centre de données sur le patrimoine naturel du Québec: The Centre’s mission consists of gathering, storing, analysing and distributing data on elements of biodiversity, in particular those elements, and occurrences thereof, with the greatest conservation value. At present, the data management system contains more than 10,500 occurrences of various elements related mainly to threatened or vulnerable species, namely 375 vascular plants and 79 vertebrate animals. In future, certain groups of invertebrates (molluscs and insects), natural communities and animal assemblages will be added to the elements of biodiversity already being tracked. This information is updated annually.
• Étude des populations d’oiseaux du Québec database: The database (population studies of Quebec’s birds) contains an electronic version of recorded daily bird sightings in Quebec. For more than 50 years, several Quebec ornithologists have systematically recorded their daily observations on these records. To date, there is a bank of more than 450,000 records of daily bird‑watching outings, containing more than 6,300,000 sightings. This information is updated annually.
• Endangered birds in Quebec: The work performed by the Ministère des Ressources naturelles et de la Faune du Québec (Quebec Department of Natural Resources and Wildlife) and the Canadian Wildlife Service’s Regroupement QuébecOiseaux has resulted in a new list of species deemed to be at risk in Quebec. This project also includes a database (SOS-POP) on the location of the various species. This information is updated annually.
• Black Duck Joint Venture: This program provides data for tracking changes in the number of nesting black ducks by using an aerial inventory in the species’ primary nesting area. Although it was developed to optimize the counting of black ducks, this aerial inventory also provides trends regarding numbers and estimates of populations of other wildlife species nesting in the boreal forest. This information was updated in 2005 in the sector in question.
• Conservation Atlas of Wetlands in the St. Lawrence Valley: The primary objective of the Atlas is to provide an overview of wetlands in the St. Lawrence Valley using innovative methods for mapping, in order to promote the conservation of birds and biodiversity. This helps managers in their decision‑making with regard to the use of land and the conservation of natural environments. This information was last updated five years ago.
• The aquatic birds of the St. Lawrence: This information base provides an overview of the distribution, status and trends of the populations of seabirds and certain colonial aquatic birds nesting in Quebec. However, it is important to note that the information available is more comprehensive for seabirds in the St. Lawrence estuary and the Gulf of the St. Lawrence. This information is about three years old for the sector in question.
• Biodiversity Portrait of the St. Lawrence: The Portrait provides land planners with detailed information regarding the habitats and biota of sites requiring urgent or priority conservation, restoration or protection. It allows the biologists responsible for evaluating the environmental impacts of development to make more informed recommendations earlier regarding biodiversity in the Quebec portion of the St. Lawrence. This information is about ten years old.

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Minister's Response: Transport Canada

2 May 2008

Mr. Paul Wilkinson
For the Green Coalition
391 Touzin Avenue
Dorval (Quebec) H9S 2N3

Dear Mr. Wilkinson:

I am pleased to provide the response of Transport Canada to your petition (petition #212B) submitted to the Commissioner of the Environment and Sustainable Development in regards to the Montreal‑Trudeau Airport expansion project in Dorval. I understand that the Minister of Environment will be responding separately to the question that fall under Environment Canada’s mandate.

Q1 – Given the statements made at the recent Climate Change Conference in Bali, will the Minister of Transport, Infrastructure and Communications explain how he can justify destroying a green space with "industrial land speculation", that is NOT required for airport operations, which is precisely what is planned for the remainder of the golf course?

The Government of Canada recognizes the importance of taking action on climate change. Last year, it adopted an action plan called Turning the Corner and established a number of ecoACTION program initiatives.

Concerning ADM’s plans, the land at issue in the petition still belongs to Her Majesty the Queen in right of Canada and no land will be sold. As you know, this land was leased to Aéroports de Montréal (ADM) on a 60-year lease and ADM has the mandate to manage, operate and develop Montreal’s international airports.

ADM plans to subdivide the land and to lease out parcels on a long-term basis for light manufacturing, aeronautics, logistics and distribution. The commercial development ADM is planning for this project complies with the Montréal-Trudeau approved Land Use Plan (LUP) and with ADM’s mandate. Furthermore, ADM requires that it be informed of the proposed use of the parcels of land in order to ensure that the LUP is applied, and the stated use will be stipulated in the lease as the use permitted to the tenant. None of the leased land can therefore be used for speculative purposes.

Q2 - Some Transport Canada (TC) officials had indicated to me that ADM, by virtue of its lease with TC, had the right to pursue a "commercial and industrial" project on the "non-hangar" Golf Dorval land (representing about 27 holes) in accordance with the lease’s Land Use Plan (LUP). However, my understanding of the law is that ADM cannot have more powers than the Minister of Transport. Its lease is a commercial agreement and not legislation. In fact, the destruction of a green space that is zoned as such by the City of Dorval would be a violation of provincial and municipal laws. Given the above, as well as the Ministerial responsibilities outlined by the previously mentioned Aeronautics Act, what law(s) does the Minister of Transport believe will allow him to do that?

In other words, if the City of Dorval refuses to modify its current Green Space/Parkland bylaws for the “non-hangar” portion of Golf Dorval what law(s) grant(s) ADM and/or the Minister of Transport the right to build a speculative real estate project, that is not required for airport operations, on said Golf Dorval land?

Parliament has full jurisdiction over the subjects of aeronautics and public debt and property. A municipal zoning by-law does not impinge on Parliament’s jurisdiction in these matters.

Responsibility for the management, operation and development of the Montréal-Trudeau and Montréal-Mirabel airports was transferred to ADM through a lease authorized under the Public Lands Grants Act. This act was superseded by the Federal Real Property and Federal Immovables Act, which came into force on September 15, 1992.

Q3 - We have examined the 1992 lease (some 430 pages) between Transport Canada and ADM and have extracted several clauses pertaining to the Environment with which we have concerns about possible violations. We believe that ADM is not acting in “good faith” as stipulated right at the beginning of the lease and that its environmental behaviour in particular has not been properly monitored by Transport Canada. Specifically we request an explanation by the Minister of Transport of his “Airport Authorities Lease Monitoring Program” as outlined in his responses to Q3, Q9, Q14 & Q15 of Petition 212.

As explained in the reply to the first petition, ADM, as an airport authority, is responsible for obeying applicable legislation in its undertakings. Through its annual Lease Monitoring Program, Transport Canada ensures that ADM has the necessary procedures in place to ensure proper environmental management. Environmental auditing is based on a set of very specific themes selected from among previous outcomes and concerns that may have arisen during the year. The Department’s environmental officers conduct the audits, and they must ensure that the environmental requirements of the lease are met. So far, the Transport Canada audits have shown that ADM’s environmental management is in compliance with the requirements of the ground lease.

Q4 - According to the responses to Petition 212 – Q5, given by the Minister of Transport and echoed by the Minister of the Environment, « there are no colonies of migratory birds in the vicinity of the proposed activity, and no wetlands in the area in question ». In point of fact, there are thousands of migratory birds that make their home on the golf course and they are attracted by the ponds, streams and wetlands in the area. See photos of herons, ducks and geese, ponds and wetlands under Appendix D entitled “Where is the Truth?”. The Bertrand Stream is part of an ecoterritory, as can be seen in the photo and description from the City of Montreal’s Urban Plan. The Bouchard and Stream Denis Stream also flow through the courses.

ITEM 6 - Results of Environmental impact studies do not appear to have been carried out, or ADM and TC would not be stating that there are no migratory birds or wetlands at Golf Dorval. When I asked Dorval Mayor Edgar Rouleau his opinion on the matter during the November 2007 city council meeting, he stated, “There are thousands of birds there”. See in Appendix E highlight from the front page of the West Island Chronicle November 28, 2007 article titled “Environmentalists cry foul at airport”. Furthermore, ADM spokesperson Christiane Beaulieu, stated in the same article that she was unaware of the presence of migratory birds.

Given that ADM is responsible for the Environment on the golf course, and given that the Minister of Transport checked with ADM prior to answering our questions, how is it possible for the Minister to have been so badly misinformed and mislead? Either ADM is incompetent and not living up to its responsibilities to properly manage the environment or it is acting in bad faith. Will the Minister please investigate and advise us which it is? With this obvious error of fact, one must question the integrity of the entire process.

I would refer you to the Canadian Wildlife Service for more information on the subject of migratory birds and wetlands. I repeat that birds are not encouraged on airport property because they can compromise safety if they collide with aircraft using the airport. Safety is naturally a priority for my Department.

Q5 - According to the Lease (ITEMS 2 & 3), ADM is responsible for all of the obligations that are incumbent upon the Transport Ministry and therefore must respect all applicable laws, including Sustainable Development which was enacted two years before the creation of ADM.

ADM is responsible for assuming all obligations that would normally be assumed by TC, whether or not such obligation is expressly mentioned in the lease. How can the Transport Minister claim, as he does in his response to Q14, that ADM does not have to abide by the same laws, by-laws or any other act, because it is presumably a private company?

I would like to specify that Transport Canada’s Sustainable Development Strategy is neither an act nor a regulation and is particular to Transport Canada. As far as laws, regulations and by-laws are concerned, their texts determine the area of application and who is subject to them.

Q6 - Further evidence of our concerns that ADM is acting in “Bad faith” stem from remarks made by ADM’s vice president of public affairs when she claimed that there had been “documented public consultations”. Would the Minister of Transport please provide us with a copy of those consultations? Contrary to the stipulations in the Lease, ADM has not consulted with the various groups that are concerned about the demise of Golf Dorval, including the Green Coalition and SOS Dorval. In fact, contrary to stated policy, ADM has never even acknowledged receipt of the Green Coalition’s letter requesting that we be included in the public consultations. Perhaps the Minister can explain how the audit is supposed to work to prevent such occurrences, because a follow up request was made directly to ADM’s CEO at the AGM in May and the result was the same: no response. What will the Minister do to enforce policy (ITEM 16) and ensure that ADM complies with the undertakings in the ground lease, now that TC’s regular audit through its annual Airport Authorities Lease Monitoring Program has shown itself to be ineffective?

In accordance with the lease requirements, ADM conducted consultations in late 2002 and early 2003 with respect to changing the Land Use Plan (LUP) and producing its 2003–2023 Master Plan. The following authorities were consulted: Transport Canada, the Government of Quebec, the Board of Trade of Metropolitan Montreal, NavCanada, the City of Montreal, Air Canada and Air Transat, the Airline Consultative Committee and the Community Advisory Committee. The committee comprises 15 representatives of organizations concerned with airport development and representing various regions of Greater Montreal.

Ground leases with airport authorities do not require that the airport authorities conduct public consultations to modify their plans (Master Plans and LUPs). I am attaching the April 30, 2001 agreement to change the ground lease in which ADM subscribed to the Public Accountability Principles of Canadian Airport Authorities. Precisions on the groups targeted by the required consultations have been added. Also, I am attaching a copy of the Accountability Principles adopted in the amendment to ADM’s lease.

To obtain all of the documents involved in ADM’s consultations, you must contact my Department’s Access to Information and Privacy Division, since many of the documents come from third parties and must be handled by the Division’s analysts.

With regard to Transport Canada’s Lease Monitoring Program, in February 2005, the Auditor General of Canada stated that “the Department has found the right balance between a passive approach and interfering in the airports' activities; it exercises due diligence and tries to minimize the impact its monitoring has on the authorities.”

Q7 – (ITEM 5) Can the Minister investigate whether ADM had shown in its 10 year Airport Master Plan of 1995 that Golf Dorval would disappear to make room for airport expansion (instead of Mirabel) and that ADM would engage in speculative real estate development?

The 1995 Master Plan for the Dorval and Mirabel airport facilities is no longer in effect. It was replaced by a separate Master Plan for each airport. Both plans run from 2003 to 2023.

For your information, we are attaching the current 2003–2023 Montréal-Dorval master plan sent to Transport Canada in accordance with the ground lease as well as the approved Land Use Plan now in effect, dated March 2006, which I approved in May 2006.

As indicated in answer number 1, the land at issue in this petition still belongs to Her Majesty the Queen in right of Canada. It is not subject to speculation; it will be leased by ADM on a long-term basis.

Q8 – (ITEM 7) Did ADM ever produce a revised Airport Master Plan in 2003? Was there any indication that Golf Dorval would be destroyed to make room for airport expansion (instead of Mirabel) and engage in speculative real estate development?

This question was answered under the previous question.

Q9 – (ITEM 9) The proper consultation with neighbouring municipalities and other interested parties including the Green Coalition and SOS Dorval, has not taken place regarding the land use, even though the Minister of Transport has stated that he has signed off on the project.

This is also a violation of ADM’s ISO 14001 certification, which requires proper consultation with concerned groups. Will the Minister show tangible proof that ADM consulted with the government of Quebec, the surrounding municipalities and the groups concerned with the future of Golf Dorval? Have all parties been made aware of ADM’s real intent for future use?

The Minister stated (P212-Q11) that “no public consultations are required on the part of TC”, however, it is incumbent upon him to ensure that ADM meets the requirements outlined in its Lease, including public consultation. Proper consultation is also a condition of approval by the Quebec Environment Minister. Will the Minister acknowledge that he is ultimately responsible for the actions of its tenant and guarantee compliance?

My responsibility is to ensure compliance with the ground lease. It is my opinion that the consultations required for the 2003–2023 Master Plan and the amendment of the Land Use Plan were conducted in accordance with the ground lease. I must point out, however, that the land at issue in the petition has always been zoned commercial.

Under the ISO 14001 process, organizations strive to continuously improve environmental management. ISO 14001 principles do not involve defining consultation processes that may or must take place. As for the requirements of the ground lease with respect to consultations, as indicated in answer 6, public consultations are not required.

Q10 – (ITEM 11) Did the Land Use Plan provide sufficient details that would indicate the impending destruction of a migratory birds habitat, compromise important wetlands and destroy Golf Dorval?

(ITEMS 13 & 14) Golf Dorval was deemed to have been legally maintained on the premises the day before the Land Use Plan had been approved, which means that it cannot be considered incompatible with the objectives of a Major International Airport.

The approved Montréal-Trudeau Land Use Plan divides airport sites into zones, including roads and parking, railway right-of-way, operations support, aviation land, commercial and industrial, and airport terminal reserve.

I would like to point out that section 7.02.09 of the ground lease to which you are referring does not apply to Golf Dorval, since this paragraph covers cases where a Land Use Plan changes the use according to the above definitions. The City of Dorval’s rights with respect to Golf Dorval’s land are limited to those granted by ADM for the term of the City’s lease.

Q11 – (ITEM 15) Did TC and ADM consider Dorval to be a better choice than Mirabel for airport expansion to adequately serve the users in a 75 km radius, given that the former’s airport capacity could not be expanded without infringing upon the surrounding citizens’ right to a minimum quality of life, without harming a major ecoterritory on the island of Montreal and without destroying a valuable sport recreation venue and community gathering place that is lauded by health authorities and citizens alike?

According to its mandate, ADM decides the strategic orientations of both airports.

Q12 – (ITEM 17) Precisely who among ADM’s Board of Directors was deemed to be representative of the surrounding municipalities, that would have approved the destruction of Golf Dorval?

ADM’s board of directors is comprised of 14 directors, 13 of whom are appointed by agencies identified in the corporation’s letters patent: the Government of Canada (2), the Government of Quebec (1), the Communauté Métropolitaine de Montréal (5), the Board of Trade of Metropolitan Montreal (3), the ADM board of directors in consultation with Montréal International and the chambers of commerce of Greater Montreal (2), the fourteenth director being the CEO of ADM.

Q13 – (ITEM 18) ADM is responsible for ensuring that no conflict of interest occurs, however, in the matter of Golf Dorval, we have some serious reservations concerning the process. The TM did not answer our question (P212-Q6) concerning conflict of interest by ADM. Why not?

Who stands to benefit from the creation of industrial sites on the northern part of Golf Dorval? Was there a conflict of interest involved with the decision makers in determining the fate of Golf Dorval? Are managerial bonuses tied to economic performance alone, rather than to the principles of Sustainable Development ? If yes, why?

The point raised in the first petition concerning conflicts of interest was viewed more as a statement than a question. That being said, in 2002, ADM conducted an in-depth review of its corporate governance practices following the adoption by the Board of Directors of Bylaws 2001-1 and 2001-2 amending the letters patent, the General Bylaws and certain articles of the ground lease in order to incorporate the Public Accountability Principles of Canadian Airport Authorities, enacted by Transport Canada. 
Although not subject to the governance rules that regulate public companies, ADM complies with the practices required of public companies, adapting them to its status of corporation without share capital. In fact, the practices currently being used by ADM comply with the guidelines of the Toronto Stock Exchange (TSX) and the standards set out in National Instrument 58-101 and in National Policy 58-201, which require companies to disclose their corporate governance practices.
All matters concerning the governance of ADM are well documented in the corporation’s annual report. The Corporate Governance and Human Resources Committee, composed exclusively of external directors, makes recommendations to the Board of Directors regarding employee and executive compensation.

There is nothing that would indicate to Transport Canada that the rules and practices to which ADM has subscribed, which are generally recognized by public companies, have been violated.

Q14 – (ITEM 20) Why does ADM always hold its annual general assembly downtown, at 10:00 a.m. on a weekday, rather than on an evening in a room located on the airport premises, as the lease requires? Why was CEO James Cherry allowed to claim that the question period was our group’s “public consultation”?

ADM’s Bylaws state that the assembly should be held in a location close to either Montréal – Dorval or Montréal – Mirabel International Airport.

Since 1992, ADM has held its public general assemblies downtown, a location accessible to all, so that neither site is favoured. Transport Canada has always considered that this location complies with the requirements of the lease.

Q15 – (ITEM 22) Has the Transport Minister ever been informed by ADM of any discrepancy between the provincial or municipal laws, by-laws or codes and similar federal laws, by-laws or codes?

Has the Minister ever been given a chance to arbitrate such discrepancies for the protection of the citizens concerned?
 
Each level of government adopts laws and regulations in accordance with its jurisdiction. In cases where questions of interpretation give rise to disputes or litigation, it is up to the courts to rule.

Q16 – (ITEM 23) Transport Canada has paid for an Environmental Report to analyze the soil and the water for dangerous substances. All interested parties should be given access to this Report. Was a copy of the report given to the City of Dorval? Why hasn’t the Green Coalition been given access to this report?

The purpose of the Environmental Audit Report to which you are referring was to describe the environmental situation and pinpoint the contractual liability of the parties to the ground lease (ADM and Transport Canada) at the time it was signed. One of the obligations of the ground lease was to submit this report to ADM as soon as it was received, which was done, and this was Transport Canada’s sole obligation with respect to distribution of the report.

Q17 – (ITEMS 25 & 26) We request that TC conduct a proper inquiry into the manner in which Canada’s and Quebec’s Environmental Laws are being manipulated or ignored by its tenant, ADM. Why aren’t Quebec’s Environmental laws being respected?

As explained before, ADM, as the airport authority, is responsible for obeying the applicable laws, by-laws and regulations in its undertakings. Through its annual Lease Monitoring Program, Transport Canada monitors ADM’s environmental management system. Thus far, Transport Canada has not found any reason to conduct a more thorough investigation.

Q18 – (ITEM 28) How will the Minister remediate the harmful environmental situations created by ADM and delineated in previous questions and comments, because what’s in place isn’t functioning properly? What will the Minister do to ensure compliance with applicable acts and regulations by ADM when carrying out its project?

This question was answered above.

Thank you for bringing your concerns to the attention of the Commissioner of the Environment and Sustainable Development. I hope that you will find this information useful.

Yours truly,

[Original signed by Lawrence Cannon, Minister of Transport, Infrastructure and Communities]

The Honourable Lawrence Cannon, P.C., M.P.

Enclosures

c.c.: Commissioner of the Environment and Sustainable Development
The Honourable John Baird, P.C., M.P., Minister of the Environment