(e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: - (i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the cost of regulation;
- (ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the Municipality;
- (iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted;
- (iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them;
- (v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and
- (vi) providing for the posting of a bond or other security to ensure compliance with a term or condition;
- .....
239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a Municipality, a designated officer of the Municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action,
- (a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;
- (b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and
- (c) make copies of anything related to the inspection, remedy, enforcement or action.
293 A Municipality must maintain
- (a) municipal roads within its boundaries; and
- (b) land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a municipal road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan.
294 A Municipality is required to construct or maintain a municipal road only to a standard that is appropriate for the use to which the Municipality expects the road to be put.”
AND WHEREAS the Lieutenant Governor in Council has made Regulation No. 48/97 under section 232(2)(e) of The Municipal Act for the purpose of regulating aggregate mining and transportation fees and agreements;
AND WHEREAS the Municipality wishes to provide for the licensing of aggregate mining and transportation within the Municipality and to set fees payable in connection with such licensing;
NOW THEREFORE the Council of the Rural Municipality of Cornwallis in Council duly assembled enacts as a by-law the following:
1.0 DEFINITIONS:
1.1 In this by-law:
“Aggregate” means a quarry mineral that is used solely for construction purposes or is used as a constituent of concrete, other than in the manufacture of cement, and includes sand, gravel, clay and crushed stone or rock;
“Aggregate Mining and Transportation License” means a license issued under paragraph 4.0 of this by-law.
“Mine”, “Mining” or “Mined” means the removal of a substance to a place outside the boundaries of a parcel or tract of land from which such substance has been extracted by means of digging or excavation.
“Municipality” means the Rural Municipality of Cornwallis.
“Municipal Road” means a municipal road as defined in The Municipal Act and which is located in the Rural Municipality of Cornwallis.
“Owner” means the person having the right to remove and dispose of aggregate in, under or upon a parcel or tract of land or, where such right cannot be conveniently determined, the legal owner of such parcel or tract
“Person” means a natural person, a partnership, a firm, a business, an association, a credit union, a cooperative, a corporation or a Municipality.
“Pit Location” means the parcel or tract of land from which aggregate is mined and includes a pit location specified in an Aggregate Mining and Transportation license.
“Transport”, “Transporting” or “Transported” means the movement of a substance from one place to another place.
2.0 APPLICATION:
2.1 Unless provided to the contrary herein, this by-law applies to every person mining or transporting aggregate within the Municipality.
2.2 This by-law does not apply to the Municipality.
2.3 This by-law does not apply to the Crown or a Crown Agency, except to the extent provided in paragraph 5 hereof.
3.0 PROHIBITIONS:
3.1 No person shall mine aggregate within the Municipality unless:
- (a) such person has a valid and subsisting Aggregate Mining and Transportation License for the pit location from which such aggregate was mined; or
- (b) the aggregate was mined from a pit location specified in a valid and subsisting Aggregate Mining and Transportation Licence issued to a licensee other than such person and such person has provided to the licensee the information specified in paragraph 3.4 hereof.
3.2 No person shall transport aggregate within the Municipality unless:
- (a) such aggregate was mined from a pit location specified in a valid and subsisting Aggregate Mining and Transportation License and such person has provided to the licensee the information specified in paragraph 3.4 hereof; or
- (b) such aggregate was obtained from a pit location outside the Municipality or from a Pit Location owned by the Crown or a Crown Agency or such person pays to the Municipality prior to transporting such aggregate the amount of fees set forth in sub-paragraphs 5.1 (b) and (c); or
- (c) such person makes arrangements satisfactory to the Municipality prior to transporting such aggregate for the payment of fees that would be due to the Municipality if sub-paragraphs 5.1 (b) and (c) were applicable to such person.
3.3 No owner shall allow, suffer or permit the mining or transportation of aggregate from any land of the owner unless such land is specified as a pit location in a valid and subsisting Aggregate Mining and Transportation License.
3.4 Where a person transports aggregate that was mined from a pit location specified in a valid and subsisting Aggregate Mining and Transportation License or from a pit location for which such License should have been obtained, such person shall within a reasonable time provide to the Licensee or to the person who should have obtained a License, the following information:
- (a) his full name and mailing address; and
- (b) the full name and address of his employer, if any; and
- (c) the quantity of aggregate transported by him from the pit location in question; and
- (d) the route over which such aggregate has been or will be transported; and
- (e)any other information necessary to calculate fees due or the party from whom they are due in accordance with sub-paragraphs 5.1 (b) and (c).
4.0 LICENSES:
4.1 Aggregate Mining and Transportation Licenses shall be in the form attached hereto as Schedule “A”.
4.2 Aggregate Mining and Transportation Licenses shall be valid and subsisting for a period of one year, commencing January 1 and ending December 31, notwithstanding the time of issuance.
4.3 Every owner of property from which aggregate is mined or transported shall obtain an Aggregate Mining and Transportation License prior to allowing any mining or transporting of aggregate from their property unless the person doing the mining or transporting has a valid and subsisting Aggregate Mining and Transportation License.
4.4 Every person requiring an Aggregate Mining and Transportation License shall make application for such license at the office of the Municipality and shall pay to the Municipality the fee for such license at the time of application.
4.5 The fee for an Aggregate Mining and Transportation License shall be $10.00.
4.6 The holder of an Aggregate Mining and Transportation License shall produce such license to a designated officer of the Municipality forthwith upon demand.
5.0 ADDITIONAL FEES:
5.1 A person required to have an Aggregate Mining and Transportation License shall pay fees to the Municipality as follows:
- (a) a fee based on the quantity of aggregate mined in the Municipality by that person which fee shall be the lesser of the amounts calculated as follows:
- i) 4.4 cents per tonne; or
- ii) 8.0 cents per cubic meter; or
- iii) 6.1 cents per cubic yard; or
- iv) 4.0 cents per ton. and,
- (b) a fee for the maintenance, repair and restoration of any municipal road used to transport aggregate mined by that person which fee shall be calculated as follows:
- i) where the aggregate is transported during the period commencing March 1st, and ending on November 30th of a year, the product obtained when the number of kilometres of municipal road over which the aggregate is transported is multiplied by the lesser of 1.4 cents per tonne or 2.4 cents per cubic meter; and
- ii) where the aggregate is transported during the period commencing December 1st of one year and ending the last day of February of the following year, the product obtained when the number of kilometres of municipal road over which the aggregate is transported is multiplied by the lesser of 0.7 cents per tonne and 1.2 cents per cubic metre. and,
- (c) a fee for the shortening of the lifetime of a municipal road resulting from the transportation of aggregate mined by that person which fee shall be calculated as follows:
- i) where the aggregate is transported during the period commencing March 1st and ending November 30th of a year, the product obtained when the number of kilometres of municipal road over which the aggregate is transported is multiplied by the lesser of 1.0 cents per tonne and 1.8 cents per cubic metre; and
- ii) where the aggregate is transported during the period commencing December 1st of one year and ending the last day of February of the following year, the product obtained when the number of kilometres of municipal road over which the aggregate is transported is multiplied by the lesser of 0.5 cents per tonne and 0.9 cents per cubic metre.
5.2 Notwithstanding that this by-law may be inapplicable to a particular person mining aggregate or to a particular pit location from which aggregate is mined, all persons transporting aggregate within the Municipality shall pay to the Municipality as and when due, the fees set forth in sub-paragraphs 5.1(b) and (c).
5.3 Where a person is required to have an Aggregate Mining and Transportation License in any part of a calendar year, such person shall provide to the Municipality on or before February 25th in the next ensuing year, a complete and accurate record in the form attached hereto as Schedule B.
5.4 Where a person is required to have an Aggregate Mining and Transportation License in any part of a calendar year, such person shall maintain a complete and accurate record of all persons transporting aggregate obtained from the pit location specified in such License, together with the amount and delivery route of such aggregate and such records shall be retained for at least six years.
5.5 Fees payable by a person required to have an Aggregate Mining and Transportation License in any part of a calendar year, shall be remitted in full to the Municipality on or before February 25th in the next ensuing year.
6.0 AGREEMENT IN LIEU OF FEES:
6.1 In lieu of payment of the fees referred to in sub-paragraphs 5.1(b) and (c), or either of them, the Municipality may enter into agreements with persons required by this by-law to have an Aggregate Mining and Transportation License.
6.2 Any agreement made under the authority of this paragraph shall be in conformity with Manitoba Regulation 48/97, as amended from time to time and is subject to the approval of the Council of the Municipality.
7.0 ENFORCEMENT:
7.1 Any person who contravenes any provision of this by-law is guilty of an offence and is liable to a fine of not less than $100.00 or more than $500.00 or to imprisonment for a term not exceeding three months, or both.
7.2 Where any person contravenes any provision of this by-law for more than one day, such person is guilty of a separate offence for each day such contravention continues.
7.3 Upon reasonable notice, a person required to have an Aggregate Mining and Transportation License in any year shall permit a designated officer of the Municipality to enter upon any premises where records required under this by-law are kept, to examine such records and to make copies thereof.
7.4 In the event that fees due and owing under this by-law are not paid by an owner or a person acquiring aggregate from an owner as and when due, the Municipality may add the amount thereof to the real property taxes of the owner and collect such fees in the same manner as taxes or take any other remedy available to the Municipality.
8.0 COMING INTO FORCE:
8.1 This by-law comes into force and effect on the day that it receives third reading.
8.2 By-law No. 1534/02/98 is repealed.
8.3 By-Law No. 1555/06/99 is repealed.
8.4 Any fee outstanding under by-law no. 1534/02/98 on the day before it is repealed, shall be deemed to be a civil debt due to the Municipality by the person or persons liable for it under the said by-law and the Municipality may effect recovery of such debt in any manner available to it at law.
DONE and PASSED by the Council of the Rural Municipality of Cornwallis duly assembled this 18th day of January A.D., 2000.
THE RURAL MUNICIPALITY OF CORNWALLIS
Per
REEVE
CHIEF ADMINISTRATIVE OFFICER
Read a first time this 21st day of December A.D. 1999.
Read a second time this 18th day of January A.D. 2000.
Read a third time this 18th day of January A.D. 2000.
SCHEDULE “A”
RURAL MUNICIPALITY OF CORNWALLIS
AGGREGATE MINING AND/OR TRANSPORT APPLICATION AND LICENSE
To: R.M. of Cornwallis
Box 10, Site 500, RR # 5, Brandon, Manitoba, R7A 5Y5
Name, Address, and Telephone Number
hereby make application for a license for the mining of aggregate at the following mining activity location: EXISTING PIT ___________
NEW DEVELOPMENT
and for the transportation of that aggregate over the following highway(s) in the Rural Municipality of Cornwallis:
I hereby agree to the following:
- a) to pay all fees and provide all records stipulated in the provisions of By-law # 1560/01/2000and amendments thereto, By February 25 of next year;
- b) to provide the Municipality through its officers, servants or agents, the right of entry to inspect and determine the weight and volumes of aggregate removed land within the Municipality and to provide proof of the Aggregate Mining License issued as a result of this Application and payment of the prescribed fee, upon request of any officer, servant or agent of the Rural Municipality of Cornwallis;
- c) to forthwith surrender the licence issued by the Rural Municipality of Cornwallis as a result of this Application and payment of the prescribed fee, upon the cancellation of it by the Rural Municipality of Cornwallis for non-compliance with By-law # 1560/01/2000; and
- d) My address to which all notices by the Rural Municipality of Cornwallis to me should be sent is:
Dated at the Rural Municipality of Cornwallis this ____ day of _______________ in the year
_________________________________________
Signature of Applicant
Licence
This certifies that is granted a licence(s) as described above subject to terms and provisions of the Municipality’s By-laws.
Licence Fee: $10.00 Received_______________________
Pit Location ____ 1/4 Sec. Twp. Rge.
Licence Expiry Date: _____________________________
Dated at the Rural Municipality of Cornwallis, in the Province of Manitoba this ____ day of _______________ in the year
_____________________________________
Rural Municipality OF CORNWALLIS
Site 500, Box 10, RR #5
Brandon, Manitoba R7A 5Y5