At the November 24 Public Hearing on the Wantage Road rezoning, it was read and adopted on the same night was it not?[/quote]
You raise a very interesting question. The outgoing Mayor and council evidently failed to comply with s135 of the Community Charter when they passed resolutions to amend the zoning for Wantage Road. The approved minutes for the November 24 meeting (which followed the public hearing) state under section 10(a):
"MOVED by Councillor Ashley and seconded by Councillor Garon that Council give Third Reading and Adopt the City of Prince Rupert Quality of Life Official Community Plan Amendment Bylaw No. 3354, 2014; and
MOVED by Councillor Ashley and seconded by Councillor Garon that Council give Third Reading and Adopt the Zoning Amendment Bylaw No. 3356, 2014.
The November 24 minutes can be found in the agenda package for the December 1 Inaugural Meeting. < princerupert.ca/sites/defaul … Agenda.pdf >. They should be posted in the Past Adopted Council Meeting Minutes section of the civic web site.
The council can have up to three readings of a bylaw at one meeting but they cannot give third reading and approve a bylaw at the same meeting. The law could not be clearer:
"Requirements for passing bylaws
135 (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council.
(2) Subject to this section and the applicable procedure bylaw, a bylaw may be given up to 3 readings at one meeting of council.
(3) There must be at least one day between the third reading and the adoption of a bylaw."
I see that former Mayor Mussallem signed Zoning Amendment Bylaw No. 3356, 2014 as having been read a third time and adopted on November 28, 2014, contrary to express requirements of the Community Charter:
< princerupert.ca/sites/defaul … 203348.pdf >.
Community Plan Amendment Bylaw No. 3354, 2014 has not yet been posted, but presumably has the same defect since it was approved in the same manner as the zoning amendment.
When procedural errors like this are made anyone is free to petition the Court to quash the bylaws, ie declare that the amending bylaws for Wantage Road are null and void.
Mayor Brain would be well advised to discuss this with the City’s legal counsel, and when he is finished with that have a serious discussion with CAO Long and City Planner Krekic, since they recommended resolutions to approve the bylaws for third reading and final adoption at the same meeting.
The Mayor and council will have the same problem with the bylaws for Lot 444 if they followed staff recommendations and passed resolutions for third reading and adoption at the same meeting. They need to wait at least one day before final adoption.
Those who are concerned about the zoning of Wantage Road and Lot 444 might consider having a discussion with Mayor Brain about the manner in which the bylaw decisions were made.