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Province relaxes rules on public hearings

The provincial government will now allow local governments the ability to hold public hearings electronically during the current provincial state of emergency.
Public hearings
The provincial government will now allow local governments the ability to hold public hearings electronically during the current provincial state of emergency.

The provincial government will now allow local governments the ability to hold public hearings electronically during the current provincial state of emergency.

“Local governments will be a key partner in our recovery effort,” said Selina Robinson, Minister Municipal Affairs and Housing in a news release. “Construction and development activities are expected to be a key part of B.C.’s recovery efforts – and building housing, in particular, affordable housing, will contribute to our goal to provide affordable housing for all British Columbians. Amending this order will allow local governments to continue their work on land-use decision-making and keep building their communities for the people they serve.”

Under the Emergency Program Act, the Province has repealed and replaced Ministerial Order M083 with M139 to expand the authorities given to local governments under M083. The new order will help local governments, improvement districts and the Islands Trust continue to make important decisions for their communities during the COVID-19 pandemic, including allowing local governments to hold public hearings electronically.

As public input is an essential part of land-use decision-making, even for those decisions that do not require a public hearing, local governments are still expected to find ways to encourage public participation.

Local governments are required to hold public hearings for some development applications before making a decision. A significant delay in processing development applications could result in cost increases or cancelled projects, and could negatively impact the province’s economic recovery.

Local governments are still expected to find ways to encourage public participation during this time and continue to be as transparent as possible by keeping the public informed on any decisions and procedural changes through their websites and social media.

At the April 27th Delta council meeting, civic politicians voted in favour of a staff recommendation that public engagement for major development projects be deferred until at least June 2020. As well, the public hearing scheduled for May 26 has been cancelled.

Staff will also be reporting back to council with approaches to resume both public engagement for major development projects and public hearings, including the use of virtual options should provincial guidelines for physical distancing remain in effect over an extended period.