Planning Commission established

1  Pursuant to the Local Services Act and Order in Council 1171/59, there is hereby established an Advisory Planning Commission to be known as the Dease Lake Advisory Planning Commission, hereinafter referred to as "The Commission".

 Number of members

2  The Commission shall consist of no more than 7 nor less than 5 members to be appointed from time to time by the minister.

 Term of appointment

3  Each member shall be appointed for a term of no greater than 2 years which will be specified at the time of appointment but a member may be reappointed for a further term or terms.

 Nominations

4  Nominations for new members shall be presented to the minister by the Commission one month before the end of term for the commission. Nominations shall be received by the Commission at an open public meeting held for the purpose of selecting members to be duly advertised not more than 10 and not less than 5 days before the date of the meeting. Where less than 5 nominees are presented at the public meeting and in the case of an appointment to fill a vacancy, the Commission shall nominate candidates. All nominees shall have been residents of the Community Planning Area for not less than 6 months prior to the time of nomination.

 Procedures

5  (1)  A quorum is a majority of the members of the Commission. The Commission shall select, from its own members, a chairperson, vice chairperson and secretary.

(2)  A decision of the Commission shall be made by a majority of the members present at a meeting.

(3)  The chairperson or any 2 members may call a meeting of the Commission upon giving at least 2 days notice to each member.

(4)  Notice may be waived by consent of a majority of all the members.

(5)  The Secretary shall keep necessary records of meetings and of expenses and perform such other secretarial duties as may be from time to time required by the Commission.

(6)  The Commission shall adopt its own rules of procedures not inconsistent with these regulations.

 Expenses

6  (1)  The Commission at its first meeting in each year shall prepare and adopt an estimate of the expenses of the Commission for that year.

(2)  The Secretary shall submit the estimate to the minister for approval.

(3)  The Commission shall not incur any expense beyond the amount approved by the minister.

 Advice to minister

7  The Commission shall advise the minister on such matters within the scope of Part 21¹ of the Municipal Act.

 Land use issues

8  The Commission shall represent the community in communications with provincial agencies on land use issues. Any proposed amendments to the land use regulations shall be referred to the Commission and they shall refer such proposals to regional staff of the Ministries of Lands, Parks and Housing, Energy, Mines and Petroleum Resources, Environment and Municipal Affairs² for discussion and comment. The Commission shall consult with the community and provincial agencies before submitting comments to the minister.

 Recommendations to minister

9  The Commission shall deal expeditiously with all matters referred to it and shall submit its recommendations with reasons therefore, to the minister within 28 days of such a referral.

 Board of Variance established

1  The Board of Variance for the Community Planning Area is hereby established under section 726³ of the Municipal Act.

 Appeal

2  An appeal may be made to the Board of Variance upon the grounds referred to in section 727⁴ of the Municipal Act.

 Notice of appeal

3  Any person exercising the right of appeal to the Board of Variance shall file with the Ministry of Municipal Affairs, Victoria, B.C., a written notice of appeal which shall include the full legal description of the property to which the appeal relates, a clear statement of the nature of the appeal and an address to which communications concerning the appeal may be mailed.

 Notice of hearing

4  The Ministry of Municipal Affairs shall notify the chairperson of the Board of Variance of the notice of appeal, and the chairperson shall set a date for the hearing of the appeal. Seven days notice of the hearing shall be mailed by the Ministry of Municipal Affairs to the appellant by registered mail, posted to the address given in the notice of appeal, and 7 days notice of the hearing shall also be given by the Ministry of Municipal Affairs to such other persons as may be designated by the chairperson of the Board of Variance.

 Right to be heard

5  Any person whose interests may be affected by an appeal shall have the right to be heard and to give evidence at the hearing of such appeal, in person or through his/her representative.

 Proceedings

6  Subject to sections 726³ and 727⁴ of the Municipal Act and this regulation, the form of proceedings before the Board of Variance shall be determined by the board.

 Decision of board

7  The decision in writing of all or a majority of the members of the board is the decision of the board.

 Appeal to Supreme Court

8  An appeal lies to the Supreme Court from a decision of the board under subsection (1) (a) or (b) of section 727⁴ of the Municipal Act, but all other decisions of the board are final and binding.

[am. B.C. Reg. 190/90.]

 Tie decision

9  In the event of the board members being equally divided in their decision, an appeal shall be disallowed.

 Who receives copies of decision

10  The decision of the Board of Variance shall be filed with the Ministry of Municipal Affairs which shall forward a copy thereof to the appellant and to any official concerned with the enforcement of the zoning regulations.