An amendment to Rocky View County’s (RVC) Procedure Bylaw was approved to allow councillors to ask “relevant” questions of clarification from administration following the presentation of an applicant during the public hearing process.
According to RVC’s Municipal Clerk, Nona Housenga, the Procedure Bylaw provides a message to members of the public as to what the procedures are for a public hearing. The previous bylaw allowed questions of administration after administration’s report, the applicant’s report and after the public has had the opportunity to speak.
The proposed amendment was initiated after Councillor Margaret Bahcheli submitted a Notice of Motion at a meeting on Dec. 8, 2015, to permit questions of administration following the administrative report. However, according to RVC, legal counsel advised questions of administration should not precede hearing from the applicant.
“Questioning prior to hearing from the applicant may give a perception that some members of council have predetermined their position on the proposed bylaw, which may possibly result in a bias challenge,” Housenga said.
While there is no legislation that directs when and to whom council may direct questioning during a public hearing, administration said what is prudent is that the questions are not considered “leading or prejudging” a decision.
“We’re suggesting that the best and most appropriate time would be after administration’s report and the applicant’s report, would be the best time for questions of administration,” said Kent Robinson, general manager with RVC.
According to administration’s report, the amendment to allow questions of clarification after hearing from the applicant and the public will reduce a possible perception that council appears to be taking a position on the application prior to hearing from the applicant or public. It will also allow the applicant to potentially address any questions that may arise.
“(The amendment) really reflects what the intent was of my original motion, to progress an informed and robust hearing procedure,” Bahcheli said.
“I don’t want to narrow this down so we can only address what’s in the report – my intention is if something gets missed in the report, we can ask for that information as well as clarification.”
The motion to accept the amendment was carried 7-1, with Councillor Rolly Ashdown voting in opposition.
“If we’re going to be changing what administration says through our questioning, I think that for the public who are about to speak, it might change their view on it,” Ashdown said.
“It should be the same as it was before – after all presentations from the public have been completed.”
