The Wood Bull Guides

Section 39 [Temporary Use Provisions]

Bill 139 did not amend section 39.



Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 39(1) TEMPORARY USE PROVISIONS

    39(1) 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.  R.S.O. 1990, c. P.13, s. 39 (1).

  • 39(1.1) REPEALED

    39(1.1) Repealed.  2002, c. 17, Sched. B, s. 11 (1).

  • 39(1.2) REPEALED

    39(1.2) Repealed.  2002, c. 17, Sched. B, s. 11 (1).

  • 39(2) AREA AND TIME IN EFFECT

    39(2) 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.  2002, c. 17, Sched. B, s. 11 (2).

  • 39(3) EXTENSION

    39(3) 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.  R.S.O. 1990, c. P.13, s. 39 (3).

  • 39(4) NON-APPLICATION OF CL. 34 (9) (A)

    39(4) 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.  R.S.O. 1990, c. P.13, s. 39 (4).

  • 39.1(1) GARDEN SUITES

    39.1(1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including,

    (a) the installation, maintenance and removal of the garden suite;

    (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and

    (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite.  2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7).

  • 39.1(2) DEFINITION

    39.1(2) In this section,

    “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable.  2002, c. 17, Sched. B, s. 12.

  • 39.1(3) AREA AND TIME IN EFFECT

    39.1(3) 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.  2011, c. 6, Sched. 2, s. 7.

  • 39.1(4) EXTENSION

    39.1(4) Despite subsection (3), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.  2002, c. 17, Sched. B, s. 12.

  • 39.1(5) NON-APPLICATION

    39.1(5) Upon the expiry of the period or periods of time mentioned in subsections (3) and (4), clause 34 (9) (a) does not apply so as to permit the continued use of the garden suite.  2002, c. 17, Sched. B, s. 12.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

Table of Contents

 

Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

65 Queen St. West Suite 1400, Toronto, ON M5H 2M5
Wood Bull LLP Logo
Law Firm Marketing | Cubicle Fugitive