On August 20, 2026, Council for the Municipality of Bayham passed By-law No. 2026-047, an Interim Control By-law (ICBL), under Section 38 of the Planning Act. This page provides information on the ICBL, why it was passed, what it means for property owners and applicants, and the study that will be undertaken while it is in effect.
What is an Interim Control By-law?
An Interim Control By-law is a tool available to municipalities under Section 38 of the Planning Act. It allows Council to temporarily restrict development within a defined area while a land use planning study is undertaken. An ICBL is a short-term, study-linked tool - it is not a permanent restriction on development.
Why was the ICBL passed?
The ICBL was passed in response to wastewater servicing capacity constraints at the Port Burwell Wastewater Treatment Plant (WWTP), which services the Hamlet of Eden and the Villages of Straffordville, Vienna, and Port Burwell (the “Settlement Areas”).
At its August 20, 2026 meeting, Council directed staff to initiate a land use study (the “Study”) that will:
● Assess the existing WWTP capacity and opportunities for improvements or repairs of existing infrastructure to reduce current utilization and optimize wastewater reserve capacity in the existing system and/or construction of a new system (WWTP Utilization and Optimization Study);
● Examine the Municipality’s planning structure, land use mix, and land use planning policies, inclusive of its Official Plan and Zoning By-law, mapping, and regulatory framework, as a result of the WWTP Utilization and Optimization Study, for the Settlement Areas; and
● Update the Official Plan and Zoning By-law regulations, as needed, for lands in the Settlement Areas.
Where does the ICBL apply?
The ICBL applies to all lands within the Settlement Areas of the Municipality of Bayham - being the Hamlet of Eden and the Villages of Straffordville, Vienna, and Port Burwell - that are serviced, or proposed to be serviced, by the municipal sanitary sewage system connected to the Bayham WWTP (the “Study Area”).
What does the ICBL restrict?
While the ICBL is in effect, and subject to the exemptions below:
● Land, buildings, and structures within the Study Area may only continue to be used for a purpose that lawfully existed as of the date the by-law was passed.
● New construction, alteration, or expansion of buildings or structures is not permitted, except for decks, accessory structures, or alterations to legally existing buildings or structures that do not increase the number of bedrooms, dwelling units, or commercial, industrial, or institutional floor area.
● No development application or building permit requiring an allocation of capacity from the Bayham WWTP will be deemed complete by the Municipality while the by-law is in effect.
Are there any exemptions?
Yes. The following are exempt from the restrictions in the ICBL:
● Building permit applications received by the Municipality on or before August 20, 2026, and construction, renovation, or alteration that does not require Bayham WWTP services;
● Buildings or structures for which a building permit was already issued prior to August 20, 2026, provided the permit remains valid and the building continues to be used for the purpose for which it was issued;
● Development applications that had already been deemed complete, or had obtained provisional consent, draft plan approval, final plan approval, or other applicable approval, as of August 20, 2026.
How does this affect my existing application?
If you have a development application currently in progress, contact Planning Services to determine whether it is affected by the ICBL. Applications that were deemed complete, or had obtained provisional consent, draft plan approval, final plan approval, or other applicable approval prior to August 20, 2026, are exempt from the ICBL's restrictions.
What about building permits?
Building permit applications are still accepted and may be issued where they do not require an allocation of capacity from the Bayham WWTP, or where the application was received by the Municipality on or before August 20, 2026. If you have questions about a specific building permit, contact Building Services.
How long is the ICBL in effect?
The ICBL comes into effect immediately and will remain in effect for one (1) year from the date of passing (August 20, 2026), unless extended by Council in accordance with the Planning Act. Under the Planning Act, an interim control by-law may be extended, but the total period of time it is in effect cannot exceed two (2) years from the date it was originally passed.
Appeal Rights
Any person or public body who was given notice of the passing of the by-law may appeal to the Ontario Land Tribunal (OLT) by filing a notice of appeal with the Clerk of the Municipality of Bayham, setting out the objection to the by-law and the reasons in support of the objection, along with the prescribed OLT appeal fee, no later than 4:30 p.m. on October 9, 2026, being fifty (50) days from the date of passing of the by-law.
Documents
The following documents provide additional detail on the ICBL, the Council report, and the technical basis for the by-law:
● Notice of Passing of By-law No. 2026-047
● By-law No. 2026-047
● Staff Report DS-29-26
● CJDL Technical Memorandum - Port Burwell WWTP Capacity Review
Council Meeting Video
The August 20, 2026 Council meeting, at which the ICBL was considered and passed, can be viewed on the Municipality's YouTube channel:
Questions?
If you have questions about the ICBL, how it may affect a specific property, or the Study, please contact Planning Services:
Email: planning@bayham.on.ca
Phone: 519-866-5521
Hours: Monday - Friday, 8:30 a.m. - 4:30 p.m.
