Appendix A: Relevant Legislation (Local Government Act and Community Charter excerpts)

Appendix “A”: Relevant Legislation

Local Government Act [RSBC 2015]

Notice if public hearing waived

467 (1) If a local government waives the holding of a public hearing under section 464 (2) [waiver for certain zoning bylaws], it must give notice in accordance with this section.

(2) The notice must state (a) in general terms, the purpose of the zoning bylaw,
(b) the land or lands that are the subject of the bylaw, and
(c) the place where and the times and dates when copies of the bylaw may be inspected.

(3) Section 466 (3), (4) and (6) to (8) applies to a notice under subsection (2) of this section, except that (a) the last publication under section 466 (3) is to be not less than 3 days and not more than 10 days before the bylaw is given third reading, and
(b) the delivery under section 466 (4) (b) is to be at least 10 days before the bylaw is given third reading.

Delegation of public hearings

469 (1) If a local government makes a delegation in relation to one or more public hearings, (a) that delegation does not apply to a hearing unless the notice of hearing under section 466 includes notice that the hearing is to be held by a delegate, and
(b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 466 (2) (e).

(2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.

Community Charter [SBC 2003]

Delegation of council authority

154 (1) A council may, by bylaw, delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided, to
(a) a council member or council committee,
(b) an officer or employee of the municipality, or
(c) another body established by the council.

(2) As exceptions, a council may not delegate the following:
(a) the making of a bylaw;
(b) a power or duty exercisable only by bylaw;
(c) a power or duty established by this or any other Act that the council give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;
(d) a power or duty established by an enactment that the council hear an appeal or reconsider an action, decision or other matter;
(e) a power or duty to terminate the appointment of an officer;
(f) the power to impose a remedial action requirement under Division 12 [Remedial Action Requirements] of Part 3.

(3) Despite subsection (1), a council may only delegate a power or duty to appoint or suspend an officer to its chief administrative officer.

(4) A council may not delegate under subsection (1) to a corporation.

(5) In exercising its powers under subsection (1), a council may establish any terms and conditions it considers appropriate.

Special rules respecting delegation of hearings and other proceedings

155 (1) This section applies to the delegation of
(a) council hearings that are required by law or authorized by an enactment, other than hearings referred to in section 154 (2) (d), and
(b) council proceedings in which a person is entitled under this Act to make representations to council.

(2) The following rules apply in relation to a delegation referred to in subsection (1):
(a) the delegation may be made specifically, by class of hearings or proceedings, or generally;
(a.1) despite section 154 (1) [delegation of council authority], the delegation may be made by bylaw or resolution;

(b) the delegation may only be made to one or more council members;
(c) if a council decision is to be made following a delegated hearing or proceeding, the authority to make the decision may only be delegated to the council members to whom the matter is delegated;
(d) if a council decision referred to in paragraph (c) is not delegated under that provision, the council must not make the decision until the applicable council members report to the council the views expressed at the hearing or proceeding.

(3) For certainty, if a delegation has been made under this section, the council may exercise its authority under this section to revoke that delegation or change the delegation to a different delegation in relation to a specific hearing or proceeding.