What is it?
A temporary use by-law is a zoning by-law in which council allows a use that is otherwise prohibited, for a set time only (section 39 (1) of the Planning Act). The by-law must define the area it covers and the period it is in effect (section 39 (2)). If the city’s official plan lists the types of by-laws that can be handed off, council can give the power to pass this by-law to a committee of council or to city staff (section 39.2).
Ontario’s guide explains that temporary use by-laws zone land or buildings for specific uses for up to 3 years at a time, with more extensions possible.
A regular rezoning does not set an end date (though it can be changed again later). A temporary use by-law is different because the by-law must state when it ends (section 39 (2)).
How long does it last?
| Case | First period | Extensions |
|---|---|---|
| A regular temporary use | Up to 3 years from the day the by-law is passed (section 39 (2)) | By council by-law, up to 3 years each time (section 39 (3)) |
| A garden suite (a portable one-unit home that goes with an existing house) | Up to 20 years from the day the by-law is passed (section 39.1 (3)) | Up to 3 years each time (section 39.1 (4)) |
Here a garden suite has the meaning in section 39.1 of the Planning Act: a one-unit detached home with a bathroom and kitchen, ancillary to an existing house and designed to be portable. A city’s zoning may use the same name with a different meaning, so check the definition in that city’s zoning by-law.
When the time runs out
When the period (including any extensions) ends, the protection in section 34 (9) (a) (legal non-conforming use) does not apply (section 39 (4)). In other words, "we have used it for years, so we can keep going" does not work.
To keep the use, you need the city to extend it, or a rezoning that allows the use with no end date. It is safest to apply early, because once the period ends the use has no legal basis. Neither an extension nor a rezoning is guaranteed. If a rezoning application is refused, the applicant can appeal to the Ontario Land Tribunal (OLT) (section 34 (11)), but must file within 20 days after notice of the refusal is given (section 34 (11.0.3)), and some cases have no appeal, so check with a lawyer or planner.
A garden suite also loses that protection when its time runs out (section 39.1 (5)). As a condition, council can require an agreement on installing, maintaining and removing the suite, how long the people named in the agreement may live there, and money or other security for actual or possible costs to the city related to the suite (section 39.1 (1)).
Compared with similar by-laws
| Type | What it does | When it ends |
|---|---|---|
| Temporary use by-law (section 39) | Allows an otherwise prohibited use for a set time only | No protection to keep the use (section 39 (4)) |
| Holding provision (section 36) | Sets a future use and delays it until conditions are met | Once the H is removed by a by-law amendment, the use can start |
| Rezoning (section 34) | Changes the use itself | No end date is set |
What to check before you buy or lease
- Why the business is allowed: the business there may be allowed by a temporary use by-law, not by the regular zoning. If so, check when the by-law ends.
- Does it match your lease? If a commercial lease runs longer than the temporary use by-law, you could lose the use before the lease ends.
- An extension is not a promise: even if it was extended before, the city decides each new extension.
- Portable garden suites: if a portable garden suite was allowed on a temporary basis, check the time limit and any agreement with the city (such as removal terms) with your lawyer.
Example
(A made-up example) You want to sign a 5-year lease on a shop space used for a business the zoning would normally not allow. The city tells you the use is allowed by a temporary use by-law that ends in 1 year.
An extension needs a new decision by the city and is not guaranteed. So you ask your lawyer whether the lease can include a clause that lets you end it if the use permission ends.
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, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law.In plain wordsCouncil can use a zoning by-law to allow land or buildings to be used temporarily for a purpose the by-law otherwise prohibits.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law.In plain wordsA temporary use by-law must set the area and the time period, and the period cannot be more than 3 years from the day the by-law is passed.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.In plain wordsCouncil can pass a by-law to give more time for the temporary use, up to 3 years each time.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized.In plain wordsWhen the period (and any extensions) ends, the legal non-conforming use protection in section 34 (9) (a) cannot be used to keep the temporary use going.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Despite subsection 39 (2), a by-law authorizing the temporary use of a garden suite shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed 20 years from the day of the passing of the by-law.In plain wordsA by-law allowing a garden suite (a portable one-unit home that goes with an existing house) on a temporary basis can last up to 20 years from the day it is passed.
Source: ontario.ca/laws/statute/90p13 · checked Oct 30, 2026
Temporary use bylaws zone land or buildings for specific uses for a maximum period of three years at a time, with more extensions possible.In plain wordsTemporary use by-laws zone land or buildings for specific uses for up to 3 years at a time, and they can be extended.
Source: ontario.ca/document/citizens-guide-land-use-planning/zoning-bylaws · checked Nov 2, 2026
Common questions
How many times can it be extended?
The Planning Act says each extension can be no more than 3 years, but it does not limit the number of extensions (section 39 (3)). The city makes a new decision each time.
If a temporary use goes on long enough, does it become a legal non-conforming use?
No. The Act says the legal non-conforming use protection in section 34 (9) (a) does not apply once the period ends (section 39 (4)).
Is a temporary use by-law the same as an interim control by-law?
No. A temporary use by-law briefly allows a use that is otherwise not allowed. An interim control by-law briefly stops some uses while the city studies its policies (section 38).
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