Five bylaws are heading to city council for its consideration – again.
On July 11, council took action to correct an administrative error in the process related to five rezoning applications. After rescinding the five bylaws at that night’s meeting, the city began taking the necessary steps, including public notification, to reconsider the items.
The error relates to five bylaws that had been adopted or had received third reading: a mixed-use rental tower (with some affordable housing) at 616 to 640 Sixth St.; an infill townhouse development at 337 to 339 Keary St.; a triplex at 816 St. Andrews St.; a duplex at 122 Eighth Ave.; and a parking reduction for patios.
According to a staff report, the error came in response to recent changes in the Local Government Act.
“Since November 2021, for projects where council has resolved not to hold a public hearing, notifications ought to have been sent out to neighbouring property owners and residents before first reading of the bylaws, per the ‘new system’ of Local Government Act (LGA) regulations as adopted under Bill 26,” said the report. “Instead, the city had continued to follow the process it had for decades under the ‘former system’ of LGA regulations, during which notifications went out between second and third readings.”
To comply with the Local Government Act, the city has provided notification in August about the five bylaws, and city council will consider giving first, second and third readings to the bylaws at its Aug. 29 meeting. A special meeting will be held on Aug. 31, where council can adopt the bylaws.
The error came to light after Moody Park resident Christopher Bell emailed city staff on June 29 questioning the proper public notice required for zoning bylaws that are having their public hearings waived. He questioned the city’s process after reading a media report discussing changes to the Local Government Act, in which the author noted public notifications must be done before first reading of the bylaws – and he realized that wasn’t being done in New Westminster.
In addition to bringing the matter to the city’s attention, Bell wrote to the Ministry of Municipal Affairs requesting a full ministerial review of what he calls a “failed process” related to the Local Government Act.
The Record reached out the Ministry of Municipal Affairs to inquire if the ministry has looked into this matter or intends to look into this matter, if it has any concerns that the city wasn't following the correct procedure for several months and if it was aware of any other municipalities may have been following old procedures.
According to the Ministry of Municipal Affairs, the province amended the Local Government Act in 2021 to remove the requirement for local governments to hold public hearings for zoning bylaw amendments if they’re consistent with an official community plan that’s already undergone a public hearing, as long as notice is provided when it’s first introduced.
“Public notice at the introduction of the bylaw to council gives community members time to consider the proposed amendment and connect with their council or regional district board if they have any questions,” said a statement from the ministry.
While the City of New Westminster has admitted to making a “small administrative error” regarding the five bylaws, no action will be taken by the ministry.
“Local governments have legal authority and responsibility for ensuring their decision-making processes conform to principles of good practice and all legal requirements. Ministry staff are available to support local governments if they have questions regarding the amendment,” said the statement to the Record. “Disagreements regarding local government jurisdiction or due process would be matters for the courts to determine.”
Follow Theresa McManus on Twitter @TheresaMcManus
Email [email protected]
