Council Report: OFFICIAL COMMUNITY PLAN PUBLIC CONSULTATION AND LOCAL GOVERNMENT LEGISLATIVE REQUIREMENTS

OFFICIAL COMMUNITY PLAN PUBLIC CONSULTATION AND LOCAL GOVERNMENT LEGISLATIVE REQUIREMENTS

RECOMMENDATION

THAT Council endorse the Engagement Strategy from EcoPlan International dated July 12, 2021 as attached to the Community Planner’s July 14, 2021 report titled “Official Community Plan Public Consultation and Local Government Legislative Requirements”, to address and fulfill the Official Community Plan consultation requirements within Section 475 of the Local Government Act.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The purpose of this report is to convey to Council the Town’s statutory responsibilities under the provincial Local Government Act regarding the Town’s Official Community Plan review, and to reassure Council that the Engagement Strategy the Town’s consultant has prepared (and which is attached to this report) will cover these requirements and satisfy the Town’s statutory requirements.

PROVINCIAL LEGISLATION

The following, section 475 of the provincial Local Government Act, describes a local government’s responsibilities regarding providing opportunities for stakeholder consultation during development, repeal, or amendment of an Official Community Plan:

Consultation during development of official community plan 475

During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.
For the purposes of subsection (1), the local government must a. consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and b. specifically consider whether consultation is required with the following: i. the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan; ii. the board of any regional district that is adjacent to the area covered by the plan; iii. the council of any municipality that is adjacent to the area covered by the plan; iv. first nations; v. boards of education, greater boards and improvement district boards; vi. the Provincial and federal governments and their agencies.
Consultation under this section is in addition to the public hearing required under section 477 (3) (c).
If the development of an official community plan, or the repeal or amendment of an official community plan, might affect agricultural land, the proposing local government must consult with the Agricultural Land Commission.

Key elements of the section include that within 2.a., being that consultation should be ‘early and ongoing’, meaning that consultation occurs in a timeline which is effective for input received to be meaningfully considered and incorporated before the Official Community Plan it is completed and presented to a committee or Council of a local government.

In endorsing the Engagement Strategy as presented by the Town’s consultant, EcoPlan International, Council will be effectively turning its attention to the consultation requirements described within the provincial legislation.

ISSUES FOR COUNCIL TO CONSIDER

Regarding Section 2b above, Council needs consider whether consultation is required with the following:

i. the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan;

Staff recommends early and ongoing consultation with the Capital Regional District, especially in terms of alignment with the Regional Growth Strategy.

ii. the board of any regional district that is adjacent to the area covered by the plan;

Staff believes this is not relevant, as there are no regional districts adjacent to the CRD which would be impacted.

iii. the council of any municipality that is adjacent to the area covered by the plan;

Staff recommends circulating a draft plan to adjacent municipalities for comment, which is consistent with other municipalities’, and the Town’s, past practices.

iv. first nations;

Staff recommends early and ongoing engagement with Songhees and Esquimalt Nations. Staff sees early and ongoing consultation with First Nations as a critically important part of the OCP Engagement Strategy.

v. boards of education, greater boards and improvement district boards;

Section 476 of the Local Government Act requires engagement with School District 61 and 62. Staff sees this as being very important regarding planning for future capacities, but also planning for a better integration of school properties and public facilities. Staff will facilitate this aspect of the process.

vi. the Provincial and federal governments and their agencies

This means engagement with provincial agencies such as the Ministry of Transportation and Infrastructure, the Agricultural Land Commission (concerning lands within the Agricultural Land Reserve) and the BC Archaeological Branch. These agencies have been especially busy in the past years with increased development in the region, and early engagement would avoid potential delays with the OCP review as approval of the OCP by the ALC is a requirement.

Staff recommends consultation with the federal Department of Fisheries and Oceans and CFB Esquimalt regarding the integration of waterfront development policies in Esquimalt Harbour.