Public Hearings & Notices of Intent

• A Public Hearing is not an information session; it is not the time to begin to learn about a proposed bylaw amendment. The purpose of a Public Hearing is for the public to present their views and opinions on a proposed bylaw amendment.
• Members of the public should have all their questions answered in advance of the Public Hearing in order to provide comments to the elected Area Directors who are in attendance to hear the opinions of the public.
• Anyone who considers themselves affected by a proposed bylaw amendment will be afforded a reasonable opportunity to be heard at the Public Hearing, or to submit written comments. All submissions will form part of the Public Hearing record. Please note that personal information, including phone numbers and email addresses should not be included in your submission, and other information protected under the Freedom of Information and Protection of Privacy Act, will be redacted before being published online by the CVRD.
• The Local Government Act requires that a Public Hearing be held before the Board adopts an amendment to an official community plan bylaw, and some amendments to a zoning bylaw.
• Notification of a Public Hearing follows the requirements set out in the Local Government Act and the CVRD Development Application Procedures Bylaw No. 4483. Notification includes electronically posting notice on the CVRD’s website, electronically distributing the notice through the CVRD email subscription service, and in some instances mailing Notices to owners and occupants of surrounding properties at least ten days prior to the Public Hearing. A convenience notice may also be placed in one issue of the Cowichan Valley Citizen prior to the Public Hearing occurring.
• Section 465 (1.1) of the Local Government Act outlines the procedures for CVRD Public Hearings. For example, it allows local governments to conduct Public Hearings through electronic or other communication.
• The main difference between an in-person Public Hearing and an electronic Public Hearing is that an electronic Public Hearing has no physical location where the public can attend.
• The CVRD is using Webex for electronic Public Hearings, which is an online-based meeting platform. The public can attend by telephone or internet device (computer, phone, tablet) to listen, observe or speak during the Public Hearing.

• A Notice of Intent provides notice to the public on matters where a Public Hearing is not required, such as the issuance of a Temporary Use Permit by resolution or the waiving of a Public Hearing for a zoning bylaw amendment that coincides with policy in the applicable Official Community Plan.
• A Notice of Intent provides the following information:
  1. The purpose of the permit or bylaw amendment
  2. Description of the land(s) that are affected
  3. The place, time and dates for inspecting copies of the permit or bylaw amendment
  4. The place, time and date when the Electoral Area Services Committee (EASC) will consider a recommendation to the CVRD Board, who will consider a resolution on the matter.
• A Notice of Intent is advertised in the Cowichan Valley Citizen, on the CVRD’s website, and in some instances includes mailing Notices to owners and occupants of surrounding properties.

• Notices will appear on this page (above) during the advertising period. Each advertised Notice has a list of links to further information, be sure to click on ALL the links to ensure you’ve read all the relevant information, such as:
  1. Notice of Public Hearing or the Notice of Intent;
  2. CVRD Staff Report(s);
  3. Board Resolutions;
  4. Proposed amendment bylaw or proposed permit; and
  5. Public comments submitted to-date (for Public Hearings only).
• With respect to a Notice of Public Hearing, the information that is posted on the CVRD’s website is also available in hard copy in the Public Hearing Binder, located at the CVRD main office at 175 Ingram Street, during office hours from 8:00 a.m. to 4:30 p.m., Monday to Friday (excluding statutory holidays), during the notification period.

• With respect to a Public Hearing, members of the public should have all their questions answered in advance of the Public Hearing in order to provide comments to the elected Area Directors who are in attendance to hear the opinions of the public.
• After viewing all the advertised information either online or in-person, questions should be directed to CVRD staff by:
  1. Calling 250.746.2620
  2. Emailing PublicHearings@cvrd.bc.ca
  3. Attending in-person at the CVRD main office at 175 Ingram Street, during office hours from 8:30 a.m. to 4:30 p.m., Monday to Friday (excluding statutory holidays).

Submitting Your Comments for a Public Hearing

• You can provide your comments for the Public Hearing by submitting written comments in advance of the hearing, and/or by attending and speaking at the Public Hearing.
• Check the Notice of Public Hearing for the submission deadline and be sure to provide your written comments by the deadline date.
• All written submissions should include the author’s first and last name, and home address (do not include your phone number or email address, if this information appears it will be redacted).
• All written submissions received by the CVRD will be posted to the CVRD Website and added to the Public Hearing binder, which is maintained at the CVRD main office and available for public inspection from the start of the public notice period until noon on the day of the Public Hearing, or as stated on the Public Hearing notice.
• Written submissions for a Public Hearing can be submitted in the following ways:
  • By email: publichearings@cvrd.bc.ca 
  • By mail: 175 Ingram Street, Duncan, BC, V9L 1N8
  • In person at the CVRD: located at 175 Ingram Street, during office hours from 8:30 a.m. to 4:30 p.m., Monday to Friday (excluding statutory holidays)
  • In person during the Public Hearing: attend the hearing and drop off a written submission.

Submitting Your Comments for a Notice of Intent 

• The public is welcome to attend CVRD meetings in person and to speak during the Public Input Period, held at the beginning of each regular meeting.  The public is advised to review the information posted here regarding the Public Input period.

You can attend a Public Hearing in person

• They take place in CVRD Offices at 175 Ingram Street, Boardroom.
• You will need a phone or an electronic device with internet service to attend a Public Hearing electronically using Webex Webinars.
• Attendees of the hearing will have the opportunity to speak during the hearing, but can also attend to observe/listen without having to speak.
• All members of the public wishing to attend a Public Hearing virtually by using a computer, or other online device, are encouraged to register in advance to ensure device and audio compatibility.

Or you can attend a Public Hearing virtually. 

• Call-in by Phone
  • Use the toll free number.
  • You will need to enter the meeting number and password.
  • To speak during the meeting press *3 on your phone’s keypad, this will raise your hand electronically and you will be in a queue for speaking.
• Log-in Online
  • Registration is required for online participation. It is recommended that you register several days in advance to ensure device and audio compatibility.
  • Once registered you will receive an email confirmation with a link for joining the meeting, log in code, and password.
  • Use the website address and meeting number as provided above to register in advance and to obtain a link for joining the event.
  • To speak during the meeting click on the hand icon in the lower right side of the screen, this will raise your hand electronically and you will be in a queue for speaking.

Additional details on how to register for a Webex event, are available here.

If you have trouble connecting at the time of the meeting, please call the CVRD at 250.746.2500, ext. 2222, for technical assistance.

• Please join the event 15 minutes in advance of the start time, as the hearing will begin promptly at the advertised time.
• The Chair of the meeting is an elected CVRD Director. The Chair conducts the meeting and will call the meeting to order. They will explain the general procedures for conducting the hearing. The Chair will ask the public in attendance if they have questions about the Public Hearing procedures.
• CVRD staff will introduce the proposed bylaw and provide a brief summary of the amendments being considered.
• The Chair manages the speakers and will invite attendees to speak one by one. Everyone who wishes to speak will be given an opportunity to be heard.
• During a Public Hearing, should you wish to attend electronically, your audio is muted until it is your turn to speak.
• When it is your turn to speak, you will need to state your name and address clearly for the record.
• Depending on the turn-out at the hearing, you may be asked by the Chair to limit your comments to a specified time until everyone who wishes to speak has had an opportunity to do so. Once everyone has had a chance to speak, those who wish to speak again may do so. Please keep in mind that if you choose to speak again, you should be presenting new points, not repeating what you have already stated.
• Before declaring the Public Hearing closed, the Chair will call three times to ask if anyone else would like to speak. Once there are no further speakers the hearing will be closed and there will be no further opportunity to provide public comment on the bylaw.

• Once the hearing has ended, new submissions or information cannot be received by the Board.
• A written report of the Public Hearing is prepared and maintained as a public record, and is forwarded to the CVRD Board.
• As specified in the Local Government Act, the Board can, without further notice or hearing:
  1. adopt or defeat the bylaw, or
  2. alter and then adopt the bylaw, provided that the alteration does not
     • do any of the following: (a) alter the use; (b) increase the density; (c) without the owner’s consent, decrease the density of any area from that originally specified in the bylaw, or
     • alter the bylaw in relation to residential rental tenure in any area.