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Quebec Government in legal proceedings with Mont-Sainte-Anne

Determined to support the development and enhancement of Mont-Sainte-Anne, a national infrastructure that represents significant recreational and tourism potential for the Côte-de-Beaupré and the region of the Capitale-Nationale, the government of Quebec is now starting legal proceedings aimed at temporarily regaining ownership of the land around the mountain that has not been acquired. These lands are used in particular for cross-country skiing, mountain biking and camping.

The Société des establishments de plein air du Québec (Sépaq) considers that the additional agreement signed in 2008 with Station Mont-Ste-Anne inc. (Station MSA), whose main shareholder is Resorts of the Canadian Rockies (RCR), was not respected. This agreement stipulates that Station MSA undertakes to acquire the subsurface rights from Sépaq, according to a completion schedule of 15 years.

In order to minimize the consequences of this procedure on employees and customers, the government intends to work with local stakeholders to achieve a transition as smooth as possible and to promote the implementation of a strategic development plan for recreational tourism activities that responds to the expectations of the population.

Historical facts:

– Sépaq has owned Mont-Sainte-Anne since 1985.
– In 1994, to promote development that would attract an international clientele, the government decided to privatize Mont-Sainte-Anne. Thus, he anticipated investments of around $ 150 million from the private sector to develop the station’s infrastructure.
– The real estate solution at the time was to create surface property for the benefit of the purchaser by means of two agreements, one lasting 99 years for the alpine ski resort and the other, 35 years, for the peripheral lands.
– Following a call for proposals, Station MSA was selected to acquire the two surface properties, the ski resort and the surrounding land.
– On 1st October 2001, CPR has become the majority shareholder station MSA.
– In the agreements signed in 1994, Station MSA in particular undertook, by promise to purchase, to acquire subsurface rights from Sépaq (decree 377-2008) within ten years following the signing of the agreements, i.e. before August 31. 2004. However, the parties had a dispute over the interpretation of the legal scope of Station MSA’s obligations, which led to the conclusion of the additional agreement of 2008. This agreement imposed on Station MSA a new deadline for the acquisition. land funds, divided into 4 stages and spread over 15 years, to be completed before April 18, 2023.
– As of April 18, 2021 (step 3 of 4 of the agreement), Station MSA (RCR) has not fulfilled the commitments and is in default against Sépaq. This is why the government is intervening to terminate the surface property rights of Station MSA for the land peripheral to the mountain.

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SOURCE Capitale-Nationale Secretariat

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