qathet Regional District’s Electoral Area B Official Community Plan (OCP) amendment bylaw has passed in spite of concerns from the area director.
At the December 21 regional board meeting, Area B director Mark Gisborne said at the planning committee, he expressed concerns about public notice for meetings held to engage the public regarding the bylaw.
“I’m still concerned about the public notice,” said Gisborne. “The bylaw had public engagement sessions, as well as physical and electronic surveys done, which were very well done by our staff. When it came time to amend the bylaw, our public notice was published in the Wednesday and the Friday newspaper.
“After reading the Local Government Act, it was not entirely clear what the province defined as a newspaper, so I reached out to the ministry and was directed toward section 94 of the Community Charter.”
Gisborne said section 94 says publication, under subsection 1B, must be in a newspaper that is distributed at least weekly, and unless otherwise provided, must be once each week for two consecutive weeks.
“My understanding is we only put the ad in the Wednesday paper and the Friday paper on the same week,” said Gisborne. “I’m wondering if we are in compliance, since we didn’t do it for two consecutive weeks.”
Manager of planning services Laura Roddan said the ads for the hearing appeared in the newspaper on November 18 and November 20. She said those are two consecutive issues of the Powell River Peak newspaper.
Gisborne said if the ad only appeared on November 18 and 20, his interpretation is that the regional district has not followed section 94.
Roddan said on the third page of the report on the OCP there is a section on public and stakeholder engagement and the legislation is referenced in that section of the report. She said it’s section 466 of the Local Government Act and it states that the notice must be published at least two consecutive issues of a newspaper. She said the last publication is to appear not less than three days and not more than 10 days before the public hearing.
Gisborne said that is correct for the portion of the Local Government Act that the regional district is required to follow, but in his discussion with the ministry, they indicated that the regional district also has to comply with section 94 of the Community Charter as well.
Gisborne said he wanted to put forward a motion that the regional board request a legal opinion in relation to the issuing of public notices that do not appear in the local newspaper once each week for two consecutive weeks, regarding section 94 of the Community Charter, and section 466 of the Local Government Act.
Chair Patrick Brabazon said there was already a motion on the floor to concur with the recommendation of the planning committee to give third reading to the Electoral Area B OCP amendment bylaw. He suggested the board deal with the motion as is, and if there are any outstanding questions left out of this, that the board deal with it then.
Gisborne asked if the decision could be postponed until the regional district could get a legal opinion.
“I’m kind of nervous to move forward on changing the OCP if there is the possibility of a potential legal issue,” said Gisborne. He moved that the board postpone a decision until such time that it receives a legal opinion in relation to the issuing of public notices that do not appear in the local newspaper once each week for two consecutive weeks. The motion did not receive a seconder.
The board then carried a motion for third reading of the OCP amendment bylaw.
Next, the board considered a motion for final adoption.
Gisborne said he had no issue going through the first three readings, however, he was very concerned about section 94 of the Community Charter.
“I haven’t heard anything that can alleviate my fears,” said Gisborne.
The board, however, voted to adopt the Electoral Area B OCP amendment bylaw recommendation and send the matter for a final vote in the bylaws section of the meeting.
Gisborne then moved that the board request a legal opinion in relation to the issuing of public notices that do not appear in the local newspaper once each week for two consecutive weeks regarding section 94 of the Community Charter, and section 466 of the Local Government Act.
The motion did not receive a seconder so it did not proceed and no legal opinion will be sought.
When it came time to approve the bylaw itself, the regional board gave third reading and final adoption to the bylaw.
