Is a municipality required to disclose all relevant material to a public hearing?
British Columbia, Canada
The following excerpt is from The Pitt Polder Preservation Society v. Pitt Meadows (District), 1999 CanLII 6468 (BC SC):
In Harrison v. Richmond (City) (1993), 14 M.P.L.R. (2d) 261 at 272 (B.C.S.C.), Finch J. (as he then was), after citing the Karamanian and Eddington cases, said: These cases show that in order for the hearing process to be fair and informed, the municipality must disclose all relevant material which is considered by council or its committee in the course of adopting a by-law. The purpose of a public hearing is to provide those persons whose interests are affected by the by-law an opportunity to be heard at a full and impartial public hearing. This objective is frustrated if persons interested in a proposed by-law do not have access to materials which are relied upon by council in reaching its decision. The adequacy of disclosure in each case is to be assessed with reference to this underlying purpose.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Can a municipal council direct its planning staff to address matters of detail without requiring a further public hearing? (British Columbia, Canada)
In what circumstances will the BC Police Complaint Commissioner be required to set aside his notice of a public hearing? (British Columbia, Canada)
Is a plaintiff required to disclose all material facts related to the cause of action? (British Columbia, Canada)
Is a surgeon required to disclose a material risk? (British Columbia, Canada)
Can a municipality cancel a public hearing after the first and second reading of a zoning bylaw? (British Columbia, Canada)
What is the legal obligation of a municipal council to refer an application to a public hearing? (British Columbia, Canada)
In a personal injury case, is it possible for counsel to provide a more detailed description of privileged material without disclosing privileged material? (British Columbia, Canada)
What are the requirements for a material change in circumstances under a parenting plan? (British Columbia, Canada)
In what circumstances have courts found that the public hearing process in the Pitt Polder and Eddington cases was deficient? (British Columbia, Canada)
