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The general rule governing
post-hearing conduct is that
a council or board should
not after the close of a
statutory hearing receive
new submissions without
giving the opposing
interests an opportunity to
meet the new arguments.

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the hearing and adoption, or for
only one or two members of a *
council or board to communicate
as individuals with a developer or
other interested party after the
hearing [Lewis v. District of Surrey].

Alteration of Bylaw

Section 959(1)(b) of the Municipal
Act provides that a council or
board may without further notice
or hearing alter and then adopt
the subject bylaw if the alteration
does not alter the use or increase
the density. The council or board ©
may, with the owner’s consent,
decrease the density and adopt
the bylaw without further notice
or hearing.

Summary

The general rule governing post-
hearing conduct is that a council
or board should not after the
close of a statutory hearing
receive new submissions without
giving the opposing interests an
opportunity to meet the new
arguments. The exceptions, both
in terms of meeting interested
parties or receiving new informa-
tion after the hearing, are as
follows: |

1. acouncil or board may obtain
such advice as it desires from
its staff, consultants, or
solicitors on questions raised
at the public hearing;

a council or board may view
the subject land or premises;

one or two members of the
council or board may meet
with the developer or other
interested parties, so long as
the discussion does not form
the basis of a report to the
council or board and the
council or board does not rely
on information provided at the
meeting in making its decision;
a council or board may
consider a document or
information already received
by the council or board prior

toong aan ing;

5. acouncil or board may receive
“well-wishing” letters from
third parties;

a council or board may receive
new infortnation if it merely
addresses concerns already
raised at the public hearing
(although the case law suggests
it would be wise to seek. legal
advice respecting the nature of
the material and the concerns
raised at the hearing);

a council or board may
consider a staff report as to
whether the owner of the
affected lands consents to a
decrease in the density of the
area affected so the council or
board may decrease the -
density and adopt the bylaw
without further notice or
hearizg.

In conclusion, although a council —
or board is often tempted to
pursue an outstanding or new
issue after the hearing, the local
government generally should not
entertain new information or hear
a party affected unless at a new
hearing. The exceptions to this
general rule should be considered
carefully in the circumstances of
each case.

- Donald Lidstone ss