Negotiations continue between lawyers from the Ministry of Transport and those representing the members of the class action who won their case following the flooding that occurred in the Sunny Bank district of Gaspé in December 2010.
The Sylvestre Painchaud firm which represents the members indicates that the file has moved slowly in recent months but it is progressing.
“Our negotiations with the ministry’s lawyers have progressed well in recent months. We are currently finalizing the terms of the claims process so that class members are compensated for damages suffered during the flood. We will come back to you soon on this subject,” the firm wrote to the members of the appeal in a note obtained by magaspesie.ca.
Furthermore, a hearing was held last Thursday where the agreement between the parties concerning the installation of level and flow measurement stations, the fees of our experts for their work since the 2022 judgment and to set the next step of the file, were debated.
In June 2022, the Sunny Bank Flood Committee won a class action against the Ministry of Transport (MTQ) and the court ordered it to carry out corrective work in order to maintain an adequate level of service for a flow of 600 cubic meters/second at over the next six years and to build a river flow measurement station within two years.
The ministry had already made a commitment during the pleadings to carry out work worth some $8 million on this road in order to improve the situation within six years.
In a project notice, the ministry aims in particular to replace the bridge with a current opening of 11 meters by a bridge with an opening of 60 meters as well as the digging and widening of a secondary arm of the York River over 200 meters long and 54 meters wide upstream of the planned bridge.
In addition, the widening of the road embankments over 300 meters in a watery environment is also planned due to the raising of the road by 0.5 meter and the reprofiling of the ditch over 400 meters along the east of the intersection. from Sunny Bank Street.
A 70 meter long canal outside the 0-2 year old and the construction of a new culvert with a six meter opening is also in the plans in addition to the replacement of four other culverts.
In its opinion, the MTQ also proposes three other solutions as part of the impact study.
The first is the complete removal of all embankments from the road and the relocation of the road four kilometers further upstream to a less dynamic part of the York River.
The second is the complete removal of all road embankments and construction of a multi-span bridge.
This is the last scenario that could have a considerable impact: the expropriation of all citizens in flood zones.
In the preliminary schedule for carrying out the project, the environmental impact study, a BAPE, and obtaining the environmental decree should be done by fall 2027.
The environmental impact study is the first milestone in the process.
Subsequently, the preliminary project study concomitant with the environmental impact study should be ready in spring 2028.
The final preliminary project study should be delivered in spring 2029.
The plans and specifications will then follow to release the rights-of-way between spring 2029 and spring 2032 to finally obtain the final authorizations in the spring of 2033.
The call for tenders and contract award process would take place in spring 2033 for construction between summer 2033 and fall 2034.
The ministry does not rule out completing the file in 2035 in this timetable.
Between the judgment rendered in June 2022 and the final work schedule, at least 12 years will pass.
From December 13 to 15, 2010, some 246 millimeters of rain fell on Gaspé.
The road rebuilt in 1977 which connects the Sunny Bank and Wakeham areas slows the flow of the York River.
Before, it was a path at water level and when it overflowed, the river invaded the roadway.
Raised by 1.5 meters in 1952, it was recognized that the road was partially blocking the flow of the river.
In 1977, the road was raised by two meters, making water assessment even more difficult.
The flood of 2010 was the straw that broke the camel’s back.
The citizens filed their appeal in 2013 and the court authorized it in 2015.
Since its reconstruction in 1977, floods have occurred in 1977, 1980, twice in 1981, 1983, 1997, 1998, 2004, 2009, 2010, 2011 and 2017.
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