The Local Government Act and the District's Development Approval Procedures Bylaw outline the requirements for a Public Hearing.
Local government elected officials have the authority to make decisions about how land will be used in their communities. These decisions can affect long-term plans for the entire community as well as neighbourhoods and individual properties. For certain types of planning and land use bylaws a statutory public hearing process is required.
Public Hearings are required for Official Community Plan Bylaws (or amendments) and zoning bylaws (or amendments). A Public Hearing can be waived if the proposed zoning is consistent with the Official Community Plan. A Public Hearing must not be held if the proposed zoning amendment is for the sole purpose of complying with the Small-scale Multi-unit housing (SSMUH) legislation, or where a zoning bylaw:
- is consistent with the Official Community Plan, and
- the proposed development is, in whole or in part, a residential development, and
- the residential portion is at least half the floor area of the development.
Public Hearings must be held after first reading of the bylaw and before third reading and can be held in-person, electronically or a combination of both.
At the Public Hearing, everyone who believes their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard, i.e. a speech, presentation or a written submission.
Local Government Act, Part 14, Division 3 — Public hearings on planning and land use bylaws
Source: Government of BC