Staff Report - Council Policies With Respect to Public Hearings under COVID-19 Restrictions

Background

At the regular meeting of April 6th, 2020, Council passed the following resolution with respect to Public Hearings:

That Council direct staff to waive all Public Hearings for any zoning bylaws which receive 1st reading on, or before, the World Health Organization rescinds the COVID-19 pandemic;

That Council pass the following resolution:

“Whereas Section 154(1)(a) and 155(2)(a1) of the Community Charter (SBC 2003) permits Council as a whole to delegate its authority with respect to council hearings that are required by law or authorized by enactment; and

Whereas a Public Hearing under Sec. 464 of the Local Government Act does not constitute a power or duty established by an enactment that council hear an appeal or reconsider an action, decision or other matter;

a) That Council delegate its authority to conduct a Public Hearing to Councillor Denise Blackwell in those instances where a zoning amendment is to be considered in conjunction with an Official Community Plan amendment; and

b) That Council delegate its authority to conduct a Public Hearing to Councillor Roger Wade in those instances where a zoning amendment is to be considered in conjunction with an Official Community Plan amendment and only when Councillor Denise Blackwell is unable to exercise her delegated authority;

c) That this resolution be in effect until the World Health Organization rescinds the COVID-19 pandemic.

On May 1, 2020, the Minister of Public Safety and Solicitor General for the Province of BC signed Ministerial Order M139 (see appendix “A” to this report). This order allows municipalities to conduct Public Hearings buy means of electronic or other communication facilities.

Commentary

The fact that the Solicitor General’s initial order with respect to Local Government Meetings and Bylaw Process under COVID-19 (MO 83/2020) did not specifically encompass Public Hearings propelled the City to consider the policy which Council enacted on April 6th, 2020.

Now that the new ministerial order (which includes the repeal of MO 83/2020) specifically allows Council to conduct Public Hearings by electronic means, Council may wish to reconsider their policy of April 6th, 2020. Council could rescind the entire policy of April 6th, 2020 and conduct Public Hearings with the usual notification in the same online/phone-in format as was used for the May 4th, 2020 Council meeting.

Council could elect to retain the practice of waiving Public Hearings and only elect to hold Public Hearing in those instances where a Public Hearing is required under the Local Government Act. Although waiving a Public Hearing and holding electronic Council meetings affords the public additional opportunity to address Council on the topic of a Public Hearing, the practice of waiving Public Hearings is sufficiently novel to the Public that it is the cause for some concern. Recent press suggests that the public expects that they will have an opportunity to be heard at a specific Public Hearing. In this instance, it may be prudent to give the public this opportunity.

Financial Implications

Applicants are charged a fee for public hearings which represent cost recovery for notices, advertising and signage. There are no financial implications associated with either holding or not holding a Public Hearing.

Legal Implications

As long as an application for rezoning either meets the requirements for having a Public Hearing waived, or is the subject of a Public Hearing, there are no legal implications to the various processes laid out herein.

Options

That Council:

1. Rescind its resolution of April 6th, 2020 with respect to waiving and delegating Public Hearings, and direct staff to include in all Public Hearing Notices, advertisements and signage that Public Hearings will be heard through electronic means until the Province’s Chief Medical Health Officer indicates that it is safe to conduct public gatherings with more than 50 people;

2. Take no action at this time with respect to Council’s policies in regards to Public Hearings;

Respectfully submitted

Submitted by:
Matthew Baldwin, MCIP, RPP Director of Planning - Approval

Concurrence:
Adriana Proton, Manager of Legislative Services – Email Approval
Chris Aubrey, Fire Chief – Email Approval
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement – Email Approval
Cory Manton, Manager of Parks and Recreation – Email Approval
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering – Email Approval
Leah Stohmann, MCIP, RPP, Deputy Director of Planning – Email Approval
Michael Dillabaugh, CPA, CA, Director of Finance – Email Approval
Braden Hutchins, Director of Corporate Services – Email Approval
Darren Kiedyk, Chief Administrative Officer – Email Approval

:mgsb