New Westminster (July 11, 2022): New West Progressive mayoral candidate Ken Armstrong, Q.C., is calling upon the Hon. Nathan Cullen, Minister of Municipal Affairs, to undertake a thorough review of the circumstances regarding a possible breach of the Local Government Act in New Westminster. It is alleged the Mayor and Council did not follow the proper rules and procedures earlier this year when they rushed the approval of several major development projects.
According to the Local Government Act, which was amended last fall by the BC Government, municipalities are now able to waive the requirement for a public hearing if the development project is deemed to fit within the existing Official Community Plan. However, when doing so, they are required to publicly notify citizens in advance of the First and Second reading of a development bylaw – something that was apparently not done in New Westminster. They must also place a minimum of two public notices in the local newspaper at least seven days apart providing details regarding the waiving of a public hearing.
“A very serious revelation has been brought to our attention regarding the process by which five major developments were approved and how the residents of New Westminster were not given an opportunity to present at a public hearing,” says Armstrong. “The Local Government Act is very clear that if you’re going to fast-track a project by waiving a public hearing, you still need to provide advance notice to your citizens. It simply can’t be done in the middle of the process.”
As part of the debate on November 3, 2021 in the BC Legislature which provided municipalities with new powers to wave public hearings, former Municipal Affairs Minister Josie Osborne was very clear about the process. In response to a question from the BC Liberal Critic Dan Ashton, Minister Osborne stated:
“In the particular case being described, if multifamily housing is consistent with the OCP, then yes, the local government could go through its approvals process without a public hearing. However, should they choose to do that — to not have a public hearing — they are required to provide public notice to the community, prior to first reading, so that the community is aware of what is proposed to take place. Even if it is consistent with the OCP, they will need to do that.”
“It’s our understanding that elected officials and senior staff in New Westminster were provided with advance notice they may be in contravention of the Act if they gave 3rd reading to a housing project at 616 and 640 6th Street last Thursday. Notwithstanding this warning, the meeting went ahead as scheduled and the project was approved by Mayor and Council without a public hearing,” says Armstrong. “There are a lot of questions that need to be answered about what transpired and whether there has in fact been a breach of the Local Government Act. This review needs to be arms-length from city hall. That’s why we’re calling upon Minister Cullen to intervene as soon as possible and provide some clarity before the upcoming civic election.”
UPDATE on July 12th at 3:45 pm: City staff have now posted this report which helps to provide more information regarding the 5 developments in question