Interim Control By-laws
Section 38 of the Planning Act (Ont.) permits a municipality to pass an interim control by-law prohibiting the use of land, buildings or structures for such purposes as set out in the by-law (i.e. effectively “freezing” development on the land) for up to a year (with the right to extend the by-law for a further year). In order to enact such a by-law, a municipality must direct that a review or study be undertaken in respect of land use policies in the municipality (or a defined part of the municipality).
The Planning Act provides that interim control by-laws may be appealed to the Ontario Municipal Board. At the Ontario Municipal Board hearing, the municipality is required to justify the enactment of the interim control by-law.
Wood Bull has advised and represented a number of clients who have been adversely affected by interim control by-laws. We achieved the repeal of an interim control by-law in one of the leading cases before the Ontario Municipal Board.