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. In order to balance their broad powers, elected officials are required to provide the opportunity for residents and other interested parties to share their views on certain types of planning and land use bylaws through a statutory public hearing process.
A local government must not hold a public hearing if a proposed zoning bylaw is consistent with the official community plan (OCP) in effect for the area. Where there is not consistency with the OCP, local government must hold a public hearing on a proposed zoning bylaw, including amendments to the bylaw. Local governments are prohibited from holding a public hearing on a zoning bylaw or amendments to zoning bylaw proposed for the sole purpose of complying with the Small-scale Multi-unit housing (SSMUH) legislation.
When a local government is creating or amending a bylaw for an OCP, zoning bylaw that is not consistent with an OCP, or any of the other bylaws listed above, a public hearing must be held after first reading of the bylaw and before third reading.
Public hearings may be conducted by means of electronic or other communication facilities. The facilities must enable the public hearing’s participants to hear, or watch and hear, each other. Local governments may choose to hold public hearings in-person, electronically, or a combination of both.
At the public hearing, all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard. This involves an opportunity to make a speech or presentation to the elected officials or to present a written submission. In many cases, notices about the public hearing may also indicate a time and location to submit comments prior to the public hearing.
Local Government Act, Part 14, Division 3 — Public hearings on planning and land use bylaws
Source: Government of BC