Plateau-Mont-Royal noise bylaw will be changed, but where does that leave La Tulipe?

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Plateau-Mont-Royal mayor Luc Rabouin says the borough will move swiftly to change the noise bylaw that led to the Quebec Court of Appeal judgment against concert hall La Tulipe on Monday. 

La Tulipe announced Tuesday that it is temporarily ceasing operations in response to the judgment, which is the latest development in a saga between the popular music venue and a neighbour who moved in next door in 2016. 

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Speaking to media on Wednesday, Rabouin said a special borough council meeting will be held Thursday to revise Article 9 of the bylaw, cited by the judge in Monday’s decision, which states that no noise emitted by a “sound apparatus” (in this case, a speaker) may be audible next door. The judge went further, stating that La Tulipe must ensure that no noise is audible on its neighbour’s balcony. 

“We’re going to revise the bylaw to remove bars, restaurants, cultural centres and other venues from the application of Article 9, which says you can’t hear any noise made by your neighbour,” Rabouin said, adding that the article is not meant to refer to concert halls.

“Article 9 essentially serves to settle disputes between neighbours — someone in their home whose neighbour is making noise that’s too loud.” 

Rabouin and Ericka Alneus, executive committee member responsible for culture, heritage, gastronomy and nightlife, also announced an initiative by the city to sponsor soundproofing for venues with a capacity of more than 400 people. (The city already sponsors soundproofing for smaller venues.) 

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Monday’s judgment partially annulled a decision rendered in Quebec Superior Court in May 2023. That judgment cited Article 8, which establishes decibel limits venues must adhere to. Rabouin said Article 8 is more sensible and appropriate as a way to control noise made by concert halls, bars and other venues. 

“How can any concert hall continue if no noise is permitted to be heard next door?” he asked. “This is the Plateau-Mont-Royal, in Quebec’s cultural metropolis. A concert hall that is five kilometres away (from everything else) and has no neighbours doesn’t exist. So obviously this judgment is concerning.” 

Following Thursday’s council meeting, the changes to the article will be ratified at the next borough council meeting in October. Those changes won’t automatically affect the judgment rendered against La Tulipe on Monday, Rabouin acknowledged, though he hoped they may have an influence on the case. 

Rabouin said he met Tuesday with other borough mayors to discuss how their bylaws may affect venues in their area, and whether similar changes are necessary. 

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La Tulipe’s troubles began after the building directly to the south was sold to real estate investor Pierre-Yves Beaudoin in 2016. An error by a city employee granted a request by Beaudoin for the building’s zoning to be changed from commercial to residential. 

“A borough employee made an error,” Rabouin said Wednesday. “It’s unfortunate, but I don’t think many people have never made a mistake in their profession. We acknowledged it.” 

The city is in litigation against Beaudoin to correct the error by having the building’s zoning returned to commercial. 

“We’re working on making him cease his illegal usage (of the premises),” Rabouin said, noting that Beaudoin is “not very collaborative. It’s a legal battle with someone who is not talking to us and who is there by mistake.” 

Mayor Valérie Plante said Wednesday that the city wants to find solutions to save La Tulipe and support Montreal’s cultural venues. 

“Yes to being good neighbours, but no to the dictatorship of one neighbour,” she said. “When that happens, the whole ecosystem is threatened.” 

Rabouin and his team met with La Tulipe’s owners Wednesday afternoon to share the borough’s plan to change Article 9 of the noise bylaw. 

“We told them, ‘That’s good, but what’s next?’” said Claude Larivée of La Tribu, the company that owns La Tulipe. “It’s not the end of the problem. We can’t operate.” 

Larivée called Monday’s decision “a nightmare” that threatens the future of La Tulipe. 

“We have a concert hall that can’t hold concerts,” he said. “It’s absurd. “For years, we’ve stretched ourselves to the limit to fight this and defend ourselves legally. Now the city has to take action. 

“The bylaw is not the end of the problem. It remains to be seen whether (the bylaw change) has an impact on the judgment. For us, it’s one step; but like everyone else, we’ll be watching what follows as spectators.”  

tdunlevy@postmedia.com

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