Policy 5.4.2 Procedural Fairness in Rezonings

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POLICY – 5.4.2 Procedural Fairness in Rezonings Page 1 
 
Policy: 5.4.2 
Approved By: Trust Council 
Approval Date: September 25, 1993 
Amendment Date(s):  December 11, 1993; December 9, 2009 
Policy Holder: Director of Local Planning Services 
 
PROCEDURAL FAIRNESS IN REZONINGS 
Purpose 
To  observe  a  high  standard  of  procedural  fairness  when  local  trust  committees  (LTCs)  consider  decisions  to 
change the zoning of land. 
A. Background 
 
1. As the sole body responsible for land use planning and regulation in a local trust area, LTCs 
make decisions about land use zoning that have significant and lasting impacts on their 
communities and on the interests of individual property owners.  
2.  There is no appeal from an LTC’s decision in such matters, provided it has been made fairly and 
legally. 
3.  Local governments, such as LTCs, have a duty of procedural and administrative fairness when 
making decisions that affect the rights, privileges or interests of an individual.  
4.  The rules of procedural fairness and natural justice that are recognized in administrative case 
law are:  
4.1  the ‘hearing rule’ that indicates that those affected by a decision have a right: 
 to be notified about a decision-making process, 
 to review information that will be considered, and 
 to be heard and to respond to information that will be considered. 
4.2 the ‘impartiality rule’, which indicates that decisions-makers must be free of actual or 
apparent bias and conflicts of interest regarding decisions. 
5.  To ensure a minimum level of procedural fairness, the Local Government Act requires local 
governments to follow specific procedures during the consideration and adoption of bylaws 
that prescribe zoning regulations. The Act specifies minimum requirements for public hearings 
and for the forms of notices that local governments must issue in advance of public hearings.  
6.  The level of procedural fairness implied by procedures specified in the Local Government Act 
has been augmented over the years by administrative case law that has introduced higher 
standards. Court decisions have indicated that local governments should strive to meet a high 
standard of procedural fairness in their decision-making. 

POLICY – 5.4.2 Procedural Fairness in Rezonings Page 2 
7.  Evidenced-based decision making and good communication with the parties affected by a 
decision are also important practices that can help to ensure that processes are fair and seen 
to be fair.  
8.  These guidelines are intended to identify some best practices for local trust committees 
(including a quorum of a local trust committee), individual trustees and staff and to illustrate 
how they can achieve a high standard of administrative fairness in LTC decision-making 
processes, particularly regarding zoning changes. The guidelines are organized according to 
two ‘rules’ of natural justice noted above, with the addition of two sections that include best 
practices for evide

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