What is the test for disclosure in a public hearing concerning the adoption of a bylaw?

British Columbia, Canada


The following excerpt is from Pucci v. North Vancouver (City), 2010 BCSC 743 (CanLII):

The petitioners submit the underlying purpose of a public hearing concerning the adoption of a bylaw is frustrated where inadequate disclosure is made by a municipal government. In Harrison v. Richmond (City) (1993), 14 M.P.L.R. (2d) 261 (B.C.S.C.), Finch J. (as he then was), noted: 54 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 bylaw. The purpose of a public hearing is to provide those persons whose interests are affected by the bylaw an opportunity to be heard at a full and impartial public hearing. This objective is frustrated if persons interested in a proposed bylaw do not have access to materials which are relied upon by council in reaching its decision. 55 The adequacy of disclosure in each case is to be assessed with reference to this underlying purpose.

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