What is it?
A holding provision is a way of adding an "H" (or "h") symbol to a zoning by-law. The by-law sets out a future use, but that use can start only after the by-law is amended to remove the H (section 36 (1) of the Planning Act). Council usually makes this change, but council can, by by-law, hand it to a committee of council or to a city officer, employee or agent. For that, the official plan must list the types of by-laws that can be handed over (section 39.2).
Ontario’s guide explains that holding by-laws allow future uses but delay development until, for example, local services such as roads are in place.
A city cannot use an H whenever it likes. An official plan in effect in the city must have provisions on the use of the holding symbol (section 36 (2)).
How does it show up on the map and in the by-law?
The Act says a holding provision uses the H (or h) symbol together with a use designation. So an H next to a zone name on a zoning map or in a by-law may mean a holding provision. Check the by-law’s legend to confirm.
The Act does not say how the H must be shown. Read the by-law’s explanation of what the H means and, if there are conditions for removing it, where they are set out.
While the H is in place, the "future use" in the by-law cannot start. What you can do in the meantime depends on that by-law section, so read it.
How is the H removed?
- The applicant applies to council for a by-law amendment that removes the H. The Act does not set the conditions for removing it. They may be in the city’s by-law or official plan, so check with the city.
- Before passing the amending by-law, council must give notice of its intention to the people and public bodies set out in the regulations. Some of the steps of a regular rezoning, such as the public meeting, do not apply to this amendment (section 36 (4)).
- Once the amending by-law is passed, the H is removed and the use set out in the by-law is allowed. You then get any other approvals you need, such as a building permit.
- If council refuses, or does not decide within 90 days after the clerk receives the application, the applicant may appeal to the Ontario Land Tribunal (OLT) (section 36 (3)).
Compared with similar by-laws
| Type | What it does | How long |
|---|---|---|
| Holding provision (section 36) | Sets a future use and delays development until conditions are met | No time limit in the Act — until the by-law is amended to remove the H |
| Temporary use by-law (section 39) | Allows an otherwise prohibited use for a set time only | Up to 3 years at a time, can be extended (for a garden suite, the first period can be up to 20 years, section 39.1) |
| Interim control by-law (section 38) | Freezes some uses while the city studies its policies | Up to 1 year; extensions can bring it to 2 years in total. It can last longer if the new zoning by-law that replaces it is appealed to the OLT |
Why does it matter when you buy?
- Development land, pre-construction sites: with an H in place you cannot develop yet, even though the by-law names the use. The Act sets no date for when the H must come off.
- Shops and commercial: if your business is a use under an H, you cannot start it until the H is removed.
- Price and timing: time and cost depend on who meets the conditions for removing the H (services, studies and so on) and when. Check the conditions with the city’s planning staff before you make an offer.
Example
(A made-up example) You want to buy a vacant lot and see an H next to the zone name on the zoning map. The by-law sets a residential use, but says council will remove the H only after roads, water and sewers are in place.
You cannot build a house until the H is removed, so you ask the city about its servicing plans and the conditions for lifting the H, and build that wait into your price and offer conditions.
What to watch out for
- Do not rely on ads that say "residential permitted" or "development potential". With an H in place, the use cannot start yet.
- Council usually decides when to remove the H. If council has handed this over by by-law, a committee of council or a city officer, employee or agent may decide instead (section 39.2). Either way, even if you think the conditions are met, the timing is not guaranteed.
- Removing the H does not replace other approvals such as a building permit.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
The council of a local municipality may, in a by-law passed under section 34, by the use of the holding symbol “H” (or “h”) in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law.In plain wordsCouncil can use an H (or h) symbol with a zone in its zoning by-law to set the use that will be allowed later, once the by-law is amended to remove the H.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the use of the holding symbol mentioned in subsection (1).In plain wordsA zoning by-law can include a holding provision only if the city’s official plan has provisions on using the holding symbol.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 90 days after receipt by the clerk of the application, the applicant may appeal to the Tribunal …In plain wordsIf council refuses an application to remove the H, or does not decide within 90 days after the clerk receives it, the applicant can appeal to the Tribunal.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Holding bylaws allow future uses for land or buildings but delay development until, for example, local services, such as roads, are in place. Your municipality cannot use these bylaws unless it has holding policies in its official plan.In plain wordsHolding by-laws allow future uses but delay development until, for example, services such as roads are ready. A city can use them only if its official plan has holding policies.
Source: ontario.ca/document/citizens-guide-land-use-planning/zoning-bylaws · checked Nov 2, 2026
Common questions
Can I keep using the existing building on land with an H?
It depends on that by-law section. Read what the by-law allows before the H is removed, and confirm with the city. A use that was lawful on the day the by-law was passed, and has continued since, may also be protected as a legal non-conforming use.
How long does it take to remove the H?
The Act sets no time. But if council refuses, or does not decide within 90 days after the clerk receives the application, the applicant can appeal to the Ontario Land Tribunal.
Is an H the same as an interim control by-law?
No. An H delays the future use of specific land until conditions are met. An interim control by-law freezes some uses while the city studies its policies, for up to 1 year (2 years in total with extensions). It can last longer if the new zoning by-law that replaces it is appealed.
Guides that use this term
Sources checked
- Planning Act, R.S.O. 1990, c. P.13, ss. 34, 36, 38, 39, 39.1, 39.2 (e-Laws) · checked Oct 30, 2026
- Ontario, Citizen’s guide to land use planning: Zoning bylaws · checked Nov 2, 2026