The CMM (Greater Montreal’s Planning authority) adopted June 16, 2022, an interim control by-law 2022-97 concerning sectors with potential for conversion into green space or natural environment (hereinafter “Interim Control By-law“). It is awaiting approval from the Minister of Municipal Affairs and Housing.

This Interim Control By-law temporarily freezes any development of the targeted golf courses, six in all for the time being, by prohibiting any subdivision, and bans any new uses and constructions, works or activities.

According to the CMM,

“Several golf courses in Greater Montreal are under pressure for residential, commercial or industrial development;

The PMAD (Metropolitan Development Plan) identifies the increase in the area of ​​green spaces in residential, commercial sites and employment centers as a measure contributing to adaptation to climate change;

Golf courses that have ceased or will cease to host the practice of golf represent significant areas for the creation of green spaces and ecological restoration;

As part of the revision of the Metropolitan Development Plan, it is necessary to prohibit the development of certain sectors such as golf courses in order not to compromise their possible conversion into green space or a natural environment and, if necessary, other sectors could be added”(Our translation).

Of the 42 golf courses (closed or in operation) on its territory, only the following 6 golf courses are targeted for the moment:

• Beloeil
• Candiac
• Mascouche
• Rosemère
• Le Boisé (Terrebonne)
• Chambly

Only Golf de Beloeil is still in operation. You can view the maps of the targeted properties here.

Exceptions are provided for, but of little help to their owners. The operation of a golf course and its complementary activities, without adding or expanding constructions, structures and works, existing on the date of entry into force of this Interim Control By-law, is permitted. Several other exceptions are provided for, but they concern work, such as ecological restoration work or the creation of a natural environment, the carrying out of a wildlife development for a native species, the cutting of trees under certain conditions, and also even without a permit or certificate being necessary especially for maintenance, but also for sampling.

One has to wonder if the CMM has only development concerns by targeting a few golf courses, knowing that at the very least, the mayors of 4 of the municipalities where the targeted golf courses are located (Candiac, Mascouche, Rosemère and Terrebonne ) are actively lobbying for the Expropriation Act’s reform, as soon as possible so that the calculation of compensation paid to expropriated owners is based on the “most reasonable fair market value, of a property and taking into account the real limitations of its development and zoning currently in force”… to ensure budgetary predictability for the expropriating party.

Do not hesitate to contact Beauregard Avocats for any questions related to the adoption of this Interim Control By-law and its impact on your proper