Aggregate Mining and Transportation Fees and Agreements Regulation

Aggregate Mining and Transportation Fees and Agreements Regulation, M.R. 48/97 The Municipal Act , C.C.S.M. c. M225 Regulation 48/97 Registered March 4, 1997 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Maximum fees 3 Content of agreement re highway maintenance 4 Repealed Schedule A Fees for mining and transporting aggregate B Repealed Definitions 1 In this regulation, "Act" means The Municipal Act ; («  Loi  ») "licensee" means a person to whom a license, permit or approval has been issued pursuant to clause 232(2)⁠(e) of the Act. (« titulaire ») "Schedule" means the Schedule to this regulation. (« annexe ») M.R. 112/2022 Maximum fees 2(1) For the purpose of clause 232(2)⁠(e) of the Act, the maximum fees that may be established in a by-law respecting the mining and transportation of aggregate in a municipality are as set out in this section. Mining of aggregate 2(2) A fee for municipal infrastructure established by a council in respect of the mining of aggregate must not exceed the rate per volume set out in the table in subsection 2(1) of the Schedule. Transportation of aggregate 2(3) A fee established by a council for the shortened lifetime of, and maintenance, repair and restoration of, highways in respect of transporting aggregate must not exceed the amount determined by the following formula: A × B In this formula, A is the number of kilometres of highway over which the aggregate is transported; B is the lesser of (a) the number of tonnes of aggregate transported, multiplied by the rate per tonne set out in Column 1 of the table in subsection 2(2) of the Schedule for the relevant time period; and (b) the number of cubic metres of aggregate transported, multiplied by the rate per cubic metre set out in Column 2 of the table in subsection 2(2) of the Schedule for the relevant time period. 2(4) [Repealed] M.R. 18/2008 M.R. 216/2004 ; 18/2008 ; 112/2022 Content of agreement re highway maintenance 3(1) Where a by-law provides that the municipality may enter into an agreement with a licensee in lieu of the payment of fees respecting the maintenance, repair and restoration of highways over which aggregate is transported, the agreement must (a) identify the parties to the agreement; (b) identify each highway to which the agreement applies; (c) provide that the maintenance, repair and restoration to be performed by the licensee are in addition to the normal maintenance, repair and restoration to be performed by the municipality; (d) if highways or portions of highways are to be maintained, repaired or restored to different standards, (i) identify the highways and portions thereof that are subject to each standard, and (ii) define the standard that is to apply to each highway or portion thereof; (e) provide for the time or times at which the additional maintenance, repair and restorations are to be performed by the licensee; (f) provide that (i) the licensee shall keep records that are sufficiently accurate and complete to permit the calculation of fees established under subsection 2(3), and (ii) that, in the event that the licensee fails to keep records and fulfill the terms of the agreement, the fees will be established by an arbitrator in accordance with clause (j); (g) provide that the licensee, upon entering into the agreement, shall furnish a cash deposit, performance bond, or letter of credit acceptable to the municipality in favour of the municipality in the amount of the estimated cost to the licensee of the additional maintenance, repair and restoration of the highways identified in the agreement; (h) shall provide that the licensee, (i) furnish upon entering into the agreement, (ii) maintain during the term of the agreement, and (iii) provide evidence regularly that the premium has been paid on, one or more policies of comprehensive general liability insurance, acceptable to the municipality, which shall (iv) be acceptable to the municipality in form and content, (v) provide coverage for personal injury, death and property damage that could arise directly or indirectly out of an act or omission of the licensee or an officer, employee, agent or subcontractor of the licensee, (vi) provide coverage limits and deductible amounts acceptable to the municipality, (vii) include the municipality and the minister as additional named insureds, (viii) contain a cross — liability clause acceptable to the municipality, (ix) include coverage for premises and operations, completed operations, blanket contractual including liability assumed under this agreement, broad form property damage, non owned automobile, contingent employer's liability and coverage in respect of all products where the material is supplied by the licensee or the licensee's agent or subcontractor, and (x) contain a clause that states the insurer or insurers must give the municipality not less than 30 days notice of any proposed cancellation or material change to the policy; (i) regularly during the term of the agreement maintain and furnish evidence of automobile liability insurance on each vehicle used to transport aggregate by the licensee, its officers, employees, agents or subcontractors under this agreement, with limits of coverage acceptable to the municipality; and (j) provide for the determination of any dispute by binding arbitration to be conducted by an independent arbitrator or by an official of the municipality who is appointed as an arbitrator by the terms of the agreement. Further provisions re maintenance of highways 3(2) An agreement referred to in subsection (1) may (a) provide that, in the event of failure by the licensee to meet the terms of the agreement to the satisfaction of the municipality, the licensee shall pay to the municipality an amount equal to the fee that would have been payable for the additional maintenance, repair and restoration of highways under a by-law made by the council in accordance with subsection 2(1); and (b) include any other provision respecting the maintenance, repair and restoration of highways required as a result of the transportation of aggregate that is not inconsistent with the Act or this regulation. 4 [Repealed] M.R. 18/2008 ; 112/2022 SCHEDULE (Subsections 2(2) and (3)) FEES FOR MINING AND TRANSPORTING AGGREGATE Definition 1 In this Schedule, "consumer price index" means the annual average Consumer Price Index for Manitoba, all-items, not seasonally adjusted, as published annually by Statistics Canada under the authority of the Statistics Act (Canada). Fees for mining aggregate 2(1) Subject to section 3 of this Schedule, the maximum fees for mining aggregate are as set out in the following table: Column 1 Rate per tonne Column 2 Rate per cubic metre $0.2610 $0.4646 SCHEDULE B [Repealed] M.R. 216/2004 ; 18/2008 ; 46/2009 ; 112/2022