Letter dated January 17, 2022 from Assistant Deputy Min. T. Faganello, Ministry of Municipal Affairs, Re: Changes to the Local Government Act - Public Hearings
Information from the Ministry of Municipal Affairs regarding legislative changes that remove the requirement for public hearings in specific zoning cases.
Letter from Ministry of Municipal Affairs
January 17, 2022
Ref: 268803
Elena Bolster Deputy Corporate Officer Town of View Royal 45 View Royal Avenue Victoria, BC V9B 1A6
Dear Elena Bolster:
Thank you for your email of November 17, 2021 to the Honourable Josie Osborne, Minister of Municipal Affairs, regarding changes to the Local Government Act (LGA) that remove the default requirement for local governments to hold public hearings for zoning bylaw amendments that are consistent with the official community plan (OCP). As the Assistant Deputy Minister of the Local Government Division, I appreciate you sharing your concerns, and am pleased to respond.
As you may be aware, on November 25, 2021 these changes to the LGA took effect, after receiving Royal Assent as part of the Municipal Affairs Statutes Amendment Act (No. 2), 2021. These are some of the initial changes stemming from the Province’s Development Approvals Process Review (DAPR), which aims to improve the efficiency and effectiveness of local development approvals processes, helping to get the homes people need built faster. They coincide with the work of the Local Government Development Approvals Program that is providing $15 million to help local governments create more efficient approvals processes.
Some additional context may be helpful. First, these legislative changes respond to feedback received during DAPR consultations from a broad range of local governments and stakeholders, and documented in the DAPR Final Report. Second, the OCP with which a zoning bylaw amendment is consistent has already gone through a public hearing process. Finally, under the legislation, local governments, including the Town, still have the option to hold a public hearing on such zoning bylaws.
To ensure continued transparency, the amendments require that, if a local government proceeds without a public hearing on a zoning bylaw that is consistent with the OCP, the local government must provide public notice before the zoning bylaw is considered at first reading by the municipal council or regional district board.
Should you have any further questions or concerns about these amendments I encourage you to contact Eric Nicholls, Director, Planning and Land Use, by telephone at 778 698-3457, or by email at Eric.Nicholls@gov.bc.ca.
Thank you again for writing.
Sincerely,
Tara Faganello Assistant Deputy Minister
Enclosure
pc: Eric Nicholls, Director, Planning and Land Use

