Interim Control Bylaw - FAQ

An interim control bylaw (ICBL) is a tool available to Ontario municipalities as part of the Planning Act. An ICBL places a temporary “freeze” on the development of certain lands while a municipality is studying or reviewing its land use policies. The restrictions can only be imposed for one year, with a maximum extension of a second year. Once an ICLB is no longer in effect, a subsequent ICBL may not be imposed on those same lands for three years.

Why was the recommendation for an ICBL introduced?

The recommendation to implement an ICBL was brought forward by City staff in response to two primary concerns:

1. Growth pressures that continue to emerge for the lands in the study area City staff are aware of multiple pending developments in the application review stage where the proposed intensities are significantly higher than those anticipated by the Official Plan. In addition, there are many other expressions of development interest and land assemblies taking place in the downtown Urban Growth Centre and in proximity to the Burlington GO station where the intensities being considered are substantially larger than what is proposed in the current Official Plan or the 2018 adopted Official Plan which is currently under review.
2. The role and function of the John Street Bus Terminal as a Major Transit Station Area (MTSA) The John Street Bus Terminal is identified as a MTSA in the Province’s 2017 Growth Plan. Its designation as a MTSA was relied upon by the Ontario Municipal Board in its decision to allow a 26-storey development at 374 Martha St, citing that as a MTSA, the terminal could support intensities well in excess of those contained in the Official Plan. The terminal’s capacity to absorb the transit impacts of significant growth plays a critical role in shaping the mix of land uses and transit development within the downtown UGC.

Why were residents and developers not given notice that an ICBL was coming?

The City of Burlington met the notice requirements under the Planning Act for an ICBL; the Act states that no notice is required prior to the passing of a bylaw for an interim control bylaw.

Are there legal challenges allowed to the ICBL once it’s in place?

An ICBL may not be appealed when it is first passed, however the extension of the ICBL to a second year may be appealed.