PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Interim control by-law
38 (1) Where the council of a local municipality has, by by-law or resolution, directed that a review or study be undertaken in respect of land use planning policies in the municipality or in any defined area or areas thereof, the council of the municipality may pass a by-law (hereinafter referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law. R.S.O. 1990, c. P.13, s. 38 (1). Extension of period by-law in effect (2) The council of the municipality may amend an interim control by-law to extend the period of time during which it will be in effect, provided the total period of time does not exceed two years from the date of the passing of the interim control by-law.  R.S.O. 1990, c. P.13, s. 38 (2). Notice of passing of by-law (3) No notice or hearing is required prior to the passing of a by-law under subsection (1) or (2) but the clerk of the municipality shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of a by-law passed under subsection (1) or (2) within 20 days of the passing thereof.  R.S.O. 1990, c. P.13, s. 38 (3); 1994, c. 23, s. 23 (1); 2023, c. 10, Sched. 6, s. 8 (1). Appeal to Tribunal re by-law passed under subs. (1) and (2) (4) Any person or public body who was given notice of the passing of a by-law under subsection (3) may, within 50 days after the date of the passing of the by-law, appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. 2023, c. 10, Sched. 6, s. 8 (2). Transition (4.1) This section, as it read immediately before the day the Helping Homebuyers, Protecting Tenants Act, 2023 received Royal Assent, continues to apply to a by-law under subsection (1) or (2) passed before that day. 2023, c. 10, Sched. 6, s. 8 (3). Application (5) If a notice of appeal is filed under subsection (4), subsections 34 (23) to (26) apply with necessary modifications to the appeal.  1996, c. 4, s. 23; 2017, c. 23, Sched. 3, s. 12 (2); 2019, c. 9, Sched. 12, s. 11; 2023, c. 10, Sched. 6, s. 8 (4). When prior zoning by-law again has effect (6) Where the period of time during which an interim control by-law is in effect has expired and the council has not passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, or where an interim control by-law is repealed or the extent of the area covered thereby is reduced, the provisions of any by-law passed under section 34 that applied immediately prior to the coming into force of the interim control by-law again come into force and have effect in respect of all lands, buildings or structures formerly subject to the interim control by-law.  R.S.O. 1990, c. P.13, s. 38 (6). Where by-law appealed (6.1) If the period of time during which an interim control by-law is in effect has expired and the council has passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, but there is an appeal of the by-law under subsection 34 (19), the interim control by-law continues in effect as if it had not expired until the date of the order of the Tribunal or until the date of a notice issued by the Tribunal under subsection 34 (23.1) unless the interim control by-law is repealed. 2017, c. 23, Sched. 5, s. 95. Prohibition (7) Where an interim control by-law ceases to be in effect, the council of the municipality may not for a period of three years pass a further interim control by-law that applies to any lands to which the original interim control by-law applied. R.S.O. 1990, c. P.13, s. 38 (7). Application of s. 34 (9) (8) Subsection 34 (9) applies with necessary modifications to a by-law passed under subsection (1) or (2).  R.S.O. 1990, c. P.13, s. 38 (8). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 23 (1-3) - 28/03/1995; 1996, c. 4, s. 23 - 22/05/1996 2017, c. 23, Sched. 3, s. 12 (1, 2) - 03/04/2018; 2017, c. 23, Sched. 5, s. 95 - 03/04/2018 2019, c. 9, Sched. 12, s. 11 - 03/09/2019 2023, c. 10, Sched. 6, s. 8 (1-4) - 08/06/2023