Whereas the Local Government Act requires local governments to appoint boards of variance that are empowered to consider minor variances where a person alleges that complying with a bylaw respecting the siting, size or dimensions of a building would cause them hardship; And whereas deliberations of local boards of variance provide minimal opportunities for public comment on the requested variances, and provide no role for comment from the elected council of a municipality or the board of a regional district in unincorporated areas: Therefore be it resolved that the provincial government review the current provisions in the Local Government Act relating to boards of variance and consider amendments to ensure that the interests of public accountability, transparency, and local democracy are upheld.
Ministry of Municipal Affairs and Housing Accountability, transparency and democracy are foundational to the local government system of governance. To ensure that boards of variance meet these principles, local governments have the statutory authority to set out procedures that boards are required to follow. Boards of variance are also required by statute to hear the applicant and any person notified i.e. all owners and tenants occupying the subject land or adjacent properties prior to making an order on an application. Boards may also allow other interested persons and the local government to make representation to the board. Prior to undertaking any legislative review, Government would require a better understanding of how existing provisions are not meeting the interests of public accountability, transparency and democracy, and the specifics of the legislative amendment being requested.