Council Policy POL-0155-ADMIN - Public Hearing Policy

Council Policy POL-0155-ADMIN - Public Hearing Policy

2nd Floor · 877 Goldstream Avenue · Langford, BC Canada · V9B 2X8
T · 250-478-7882 F · 250-478-7864

Original Policy: January 2020
Presiding Council Member, Mayor Stewart Young

Date: Signature:

Purpose

1. As required by the Local Government Act, municipalities hold public hearings to provide an opportunity for members of the public whose interest in land may be affected by a proposed land use bylaw to be heard.
2. This policy establishes public hearing procedures and guidelines.

Public Hearing Procedures

3. Respectful conduct is required at public hearings, and members of the public are asked to refrain from any expression of support or opposition (i.e. no applause).
4. Public Hearings are held after first reading of a bylaw and before third reading.
5. Council does not make a decision on the proposed bylaw before the hearing; it listens to presentations at the hearing and may ask clarifying questions, but does not debate the proposal.
6. Although Public Hearings are not considered Council meetings and do not require quorum of Council, Langford Council normally holds its public hearings during Council meetings, and therefore requires quorum of Council.
7. Public Hearings are conducted as follows:
   a) The Chair will call the hearing to order;
   b) The Chair will announce the subject of the hearing;
   c) The Chair will request that the Director of Planning or delegate provide an overview of the subject application or bylaw;
   d) The Director of Planning or Corporate Officer may advise of any on-table submissions received following agenda publication;
   e) The Corporate Officer will read any written submissions received after noon on the day of the public hearing, if it is not feasible to redact and distribute them;
   f) The Chair may ask if the applicant is present, and whether they wish to make a presentation or answer questions;
   g) Following the applicant’s presentation, the Chair will call for representations from the public;
   h) When it appears that there are no further speakers, the Chair will call two (2) further times for representations from the public;
   i) The Corporate Officer will read any final written submissions;
   j) If no further speakers come forward, then the Chair will close the hearing;
   k) After the hearing is closed, Council will not receive any further submissions from the applicant or the public regarding the subject of the hearing; and
   l) If there are too many speakers to accommodate at the initial scheduled hearing, the Chair may adjourn the hearing and state to those present the time and place for the resumption of the hearing.
8. The Chair may make minor adjustments to the hearing procedure as needed, provided that the hearing still meets legislative requirements.

Guidelines for Submissions

9. All correspondence that the City receives on the proposed land use bylaw will be included as a public hearing submission.

10. The preferred format and submission method is submitting a pdf by email.

11. Members of the public who make a submission in any format must provide their name and residential address.

12. Members of the public who speak at the public hearing may submit their name and address in writing if preferred.

13. If an individual is speaking on behalf of another person or organization, they must also identify that organization and confirm that they are authorized to speak on their behalf.

14. Speakers may only address the application in question, and not unrelated topics.

15. Written submissions may be received up until the end of the public hearing, and will be distributed to the public as follows:
    a) If received prior to the agenda deadline, they will be redacted and included in the agenda package;
    b) If received after the agenda deadline, but by noon on the day of the public hearing, they will be redacted (information that may not be made public, such as personal contact information, will be removed) and copies provided to the public at the meeting as a late item; and
    c) If received after noon on the day of the public hearing, they will be read by the Corporate Officer at the public hearing, if it is not feasible to redact and distribute them.

16. Any submissions considered by Council will be available for review by the public.

17. The Chair may establish time limits for speakers as follows:
    a) Time limits are based on the number of speakers in attendance;
    b) The time allotted to speakers does not exceed ten (10) minutes, including for the applicant; and
    c) The time limit for a speaker who is speaking for a second time with new information does not exceed five (5) minutes.

Speakers’ List

18. If the Chair anticipates a large number of speakers, they may implement a Speakers’ List:
    a) Registration for the Speakers’ List opens when Council Chambers opens to the public prior to the hearing,
    b) The Chair calls speakers in the order that their name appears on the Speakers’ List,
    c) A person wishing to speak for a second time must re-register their name at the end of the Speakers’ List, and
    d) Speakers may not normally speak more than twice.