Note to the reader — The content of this article is based on our understanding of the laws and interpretative documents issued by the Government of Quebec. It is presented for general informational purposes only and should not be considered legal advice, legal consultation, or a professional opinion.
By Luc Munier, Analyst – Municipal Regulations and Inspection, and Guillaume Gilbert, Urban Planner, Vice-President, Partner
Since February 2024, municipalities have had an exceptional tool to accelerate the realization of residential projects. Under Section 931 of Bill 31, which amends various legislative provisions concerning housing, they can authorize, by simple resolution, certain real estate projects that deviate from current urban planning regulations.
A temporary power set to last longer
This power, commonly referred to as the ‘superpower,’ targets projects of at least three dwellings, located within an urbanization perimeter. Initially granted for a period of three years, it is valid until February 21, 2027.
On February 18, the Minister Responsible for Housing, Ms. Caroline Proulx, announced her intention to extend this power until February 21, 2029, in order to maintain a sustained pace of real estate project completion in a context of housing shortages.
In which cases can this superpower be used?
The use of this power is strictly regulated and reserved for certain types of projects.
Social, affordable, or student housing
The superpower can be exercised for projects primarily composed of:
- social or affordable housing; or
- housing intended for students, as defined in Section 1979 of the Civil Code.
Municipalities of 10,000 inhabitants or more
In municipalities of 10,000 inhabitants or more, this power can be used for predominantly residential projects when the CMHC vacancy rate for the municipality or metropolitan area is below 3% between February 21, 2024, and February 21, 2027.
Municipalities with fewer than 10,000 inhabitants
For municipalities with fewer than 10,000 inhabitants, the power applies if the vacancy rate in Quebec, according to the CMHC, fell below 3% between March 25, 2025, and February 21, 2027.
Mixed-use projects: a permitted option
A project is considered predominantly residential when the floor area dedicated to housing is greater than that reserved for other uses.
👉 Mixed-use projects are therefore eligible, provided that the residential component remains dominant.
Possible derogations and conditions to be met
The municipal resolution may notably allow for:
- the demolition of a building located on the project site, despite current municipal regulations,
- with the exception of a building comprising a dwelling or a heritage building within the meaning of the Act respecting land use planning and urban development.
The municipal council may also impose specific conditions, including:
- the conclusion of an agreement with the developer;
- commitments ensuring, for a determined period, the social, affordable, or student nature of the housing.
A regulated and transparent procedure
Before adopting the resolution, the municipality must:
- submit a draft resolution for public consultation;
- hold a public meeting allowing citizens and organizations to express their views;
- publish a public notice at least seven days before the meeting.
The resolution must also be:
- consistent with the current development plan;
- adopted according to the conditions set out in Section 93 of Bill 31.
Clear limits on the use of the superpower
This power cannot be exercised for projects located:
- outside an urbanization perimeter;
- in areas subject to constraints related to road or rail infrastructure;
- in areas presenting risks to safety, public health, the environment, or general well-being;
- in areas where no residential use is authorized, unless compliance with the urban plan is demonstrated.
An accountability obligation
Municipalities that use this superpower must produce an annual report, ensuring monitoring and transparency regarding its use.
A powerful tool… that needs to be well mastered
The announced extension of this superpower confirms that it is a structuring lever for accelerating housing construction. However, its application remains complex, both legally, urbanistically, and procedurally.
👉 We can support municipalities and developers at all stages:
- analysis of project eligibility;
- regulatory and urban planning strategy;
- drafting and securing resolutions and agreements;
- support during public consultations;
- alignment with planning and social acceptability objectives.
The extension project is currently being published and could be adopted within a few weeks. This is the ideal time to prepare to take full advantage of this tool.
- Amended by Section 179 of Bill 57 and Section 92 of Bill 79. ↩︎