William Crooks
Sylviane Lavigne, director general, listens attentively as Mayor Nathalie Pelletier delivers her remarks during Tuesday’s press conference at Magog city hall

By William Crooks
Local Journalism Initiative

The City of Magog has cancelled plans to authorize an 18-unit community housing project on rue Desjardins after a new legal analysis confirmed a permanent non-construction servitude on the entire site.

Mayor Nathalie Pelletier made the announcement during a press conference on Aug. 26, stating that the decision will be formalized at the next municipal council meeting on Sept. 2. “This morning, we announced the end of the steps aimed at authorizing the project of 18 community housing on Desjardins Street,” she said.

The reversal follows a third external legal opinion that contradicted two previous assessments obtained during the project analysis phase. “We requested this additional review on June 26 after concerns were raised during a public information meeting,” Pelletier explained. “On Aug. 21, we received the results, and this recent report confirms the existence of a servitude of non-construction on the entire site.”

According to Pelletier, the city had acted “in good faith” based on earlier advice. “At no time did the opinions we received suggest there might be an obstacle on the targeted portion of the land,” she said. “We regret deeply that this divergence comes at such an advanced stage of the file. We assure you that we have acted with rigour and transparency throughout the process.”

Apologies and next steps

The mayor issued an apology to residents and community partners affected by the outcome. “On behalf of the council and the entire municipal administration, we extend our sincere apologies to the residents of the area, as well as to the organization Habitations l’Équerre,” she said. Pelletier acknowledged the project was significant given the “obvious need for affordable and community housing in Magog,” adding, “We will look at the possibility that it be carried out elsewhere, but no municipal land is currently available and ready to build in the short term.”

She invited private landowners to collaborate: “If any landowners have a site that could accommodate such a project, we invite you to contact us. We have seen this before, such as the Wilcox Street housing project, where land was donated by a private donor.”

How the decision unfolded

The city initially commissioned two legal opinions—one in 2022 and another in 2025—to clarify whether any servitude applied to the property. Both opinions concluded that the restriction affected surrounding areas but not the proposed site. The third review, however, revealed the servitude covers the entire lot, making construction impossible without the consent of affected property holders.

Pelletier confirmed the restriction is permanent. “It will be for life unless the rights holders renounce them, which they have no obligation to do. The law does not allow us to violate citizens’ rights, and we will respect them,” she said. Asked why the servitude had not been detected earlier, the mayor cited the complexity of historic property records. “These are old technical descriptions with changing lot numbers and water boundaries. It is far from simple research, and that is why we do not have the expertise internally.”

The mayor declined to disclose the cost of legal consultations, noting the matter is under review by the city clerk and could involve questions of liability. “We will not comment on that portion because as soon as it comes to insurance responsibility, we can’t comment,” she said.

Densification policy and pause on new projects

The announcement comes as Magog works on a new densification policy launched earlier this summer. Combined with the city’s urban plan, the policy will establish criteria for evaluating projects based on factors such as living environment, proximity to services, mobility, environmental impact, heritage integration, and infrastructure capacity.

“The population will be invited to take part in the reflection surrounding this guide over the coming months,” Pelletier said. Until the policy is completed, the city will not initiate any new authorizations for projects requiring regulatory amendments. “We are very solicited by promoters who wish to establish themselves in Magog, and we are grateful for that. But we need to take a step back to refine our tools and ensure successful densification and coherent development of our territory.”