County of St. Paul No. 19, Alberta
· No. 2020-10
· adopted 2020-06-30
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot f13aebace087 · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BYLAW NO. 2020-10
A BYLAW OF THE COUNTY OF ST. PAUL NO. 19, IN THE PROVINCE OF ALBERTA, FOR
THE PURPOSE OF REGULATING THE USE OF HIGHWAYS UNDER THE DIRECTION,
CONTROL AND MANAGEMENT OF THE MUNICIPALITY
Whereas pursuant to section 13 of the Traffic Safety Act the council of a municipality may, with
respect to Highways under its direction, control, and management, pass bylaws not inconsistent
with the Traffic Safety Act respecting matters enumerated therein; and
Whereas pursuant to section 108 of the Traffic Safety Act the council of a municipality may pass
bylaws prescribing speed limits that are different from the speed limits established in that Act; and
Whereas pursuant to section 7 of the Municipal Government Act the council of a municipality may
pass bylaws for municipal purposes respecting the safety, health and welfare of people and the
protection of people and property and the enforcement of bylaws.
Now Therefore, the Council of the County of St. Paul No. 19, in the Province of Alberta, duly
assembled, enacts as follows:
PART 1 - SHORT TITLE
1
This Bylaw may be cited as the "Road Use Bylaw".
PART 2 - INTERPRETATION AND APPLICATION
Definitions
2
(1)
In this Bylaw, words shall have the same meanings as in the Traffic Safety Act, and the
regulations thereunder, except as otherwise defined below.
(2)
In this Bylaw:
(a)
"Bylaw Enforcement Officer" means a member of the Royal Canadian
Mounted Police, a Community Bylaw Enforcement Officer whose appointment
includes enforcement of the Municipality's Bylaws, or a Bylaw Enforcement
Officer appointed by the Municipality;
(b)
"Chief Administrative Officer" means the chief administrative officer of the
Municipality, or the Chief Administrative Officer's designee;
(c)
"Council" means the municipal council of the Municipality;
(d)
"Hamlet" means an unincorporated community designated by Council from time
to time as a hamlet of the Municipality pursuant to Section 59 of the Municipal
Government Act;
Page 2 of 14
(e)
"Highway" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other
place or any part of any of them, whether publicly or privately owned, that the
public is ordinarily entitled or permitted to use for the passage or parking of
vehicles and includes
(i)
a sidewalk, including a boulevard adjacent to the sidewalk, RSA 2000
Section 1 Chapter T-6 11 Traffic Safety Act;
(ii) if a ditch lies adjacent to and parallel with the roadway, the ditch; and
(iii) if a Highway right of way is contained between fences or between a fence
and one side of the roadway, all the land between the fences, or all the land
between the fence and the edge of the roadway, as the case may be, but
does not include a place declared by regulation not to be a Highway;
(f)
"Municipality" means the municipal corporation of the County of St. Paul No.
19, and includes the geographical area within the County of St. Paul No. 19
where the context so requires;
(g)
"Municipal Tag" means a tag or similar document issued by the Municipality
pursuant to the Municipal Government Act that alleges a bylaw offence and
provides a Person with the opportunity to pay an amount to the Municipality in
lieu of prosecution for the offence;
(h)
"Person" means any individual, firm, partnership, association, corporation,
trustee, executor, administrator or other legal representative;
(i)
"Traffic Control Device" means any temporary or permanent sign, signal,
marking or device placed, marked or erected under the authority of this Bylaw
for the purpose of regulating, warning or guiding traffic or governing parking;
(j)
"Vehicle" means a device in, upon or by which a Person or thing may be
transported or drawn upon a Highway and includes a combination of Vehicles,
but does not include a mobility aid; and
(k)
"Violation Ticket" has the same meaning as in the Provincial Offences
Procedure Act.
PART 3 - OPERATIONAL RESTRICTIONS
Maximum Speeds
3
A maximum speed more than or less than eighty (80) kilometers per hour is hereby
provided on the described portions of Highway set out in Schedule "A".
Compliance with Traffic Control Devices
4
No Person shall operate a Vehicle in contravention of a Traffic Control Device.
Page 3 of 14
Vehicles with Loads
5
No Person shall operate a Vehicle containing any load on a Highway unless the load has
been secured to prevent any part of it from falling onto the Highway.
PART 4 - VEHICLE WEIGHT AND DIMENSIONS
Weight and Dimensional Restrictions and Road Bans
6
(1)
The Chief Administrative Officer is hereby authorized to:
(a)
impose restrictions on the weight and dimensions of Vehicles permitted on any
Highway, or portion thereof, under the direction, control and management of the
Municipality;
(b)
impose road bans on any Highway, or portion thereof, under the direction,
control, and management of the Municipality; and
(c)
establish exceptions to weight and dimensional restrictions and road bans
imposed in accordance with subsections (a) and (b).
(2)
The Chief Administrative Officer shall cause Traffic Control Devices to be placed along
the Highway, as the Chief Administrative Officer considers necessary, to notify Persons
operating Vehicles on the Highway of applicable weight and dimensional restrictions
and road bans.
(3)
Unless another weight or dimensional restriction is established by a person having the
authority to do so, the maximum allowable weight or dimensions on a Highway is the
same as the maximum allowable weight or dimensions specified in, or established
under, the Traffic Safety Act or the regulations made thereunder.
Operating Restrictions
7
(1)
No Person shall operate a Vehicle on a Highway that is subject to a weight or
dimensional restriction established pursuant to this Bylaw if the weight or dimensions
of the Vehicle exceeds the maximum weight or dimensions imposed by the weight or
dimensional restriction, unless that Person holds a permit that has been issued by the
Municipality, pursuant to this Bylaw, or has entered into a road use agreement with the
Municipality, pursuant to this Bylaw, that expressly authorizes the operation of the
Vehicle on the Highway, notwithstanding the weight or dimensional restriction.
(2)
No Person shall operate a Vehicle on a Highway that is subject to a road ban if the
weight of the carrying axle or axle group of the Vehicle exceeds the specified
percentage axle weight imposed by the road ban, unless that Person holds a permit
that has been issued by the Municipality, pursuant to this Bylaw, or has entered into a
road use agreement with the Municipality, pursuant to this Bylaw, that expressly
authorizes the operation of the Vehicle on the Highway notwithstanding the road ban.
Page 4 of 14
(3)
Subsection (2) is subject to any provincial legislation exempting certain Vehicles from
road bans or permitting an increased specified percentage of axle weight.
(4)
Despite subsection (2), a Vehicle designed and intended for use in farming operations
may operate without a permit and contrary to a road ban provided that the Vehicle is
operated at no more than 100% axle weight and along the most direct route available
to minimize the distance travelled along any banned Highway.
PART 5 - ROAD USE AGREEMENTS
Road Use Agreements
8
(1) No Person shall operate, on a Highway:
(a)
a commercial Vehicle engaged in transport of gravel, sand, dirt or other
aggregate substance;
(b)
a commercial Vehicle engaged in transporting logs or other materials produced
because of logging operations; or
(c)
a commercial Vehicle engaged in transporting oil, fuel, and petrochemicals as
part of oilfield operations
unless a road use agreement has been entered into with the Municipality which
authorizes the operation of the Vehicle on the Highway.
(2)
The Chief Administrative Officer may require a Person not otherwise captured by
subsection (1) to enter into a road use agreement with the Municipality if, in the opinion
of the Chief Administrative Officer, the use of a Vehicle on a Highway may cause
damage to the Highway or constitute a nuisance to area residents due to:
(a)
the weight of the Vehicle;
(b)
the dimensions of the Vehicle;
(c)
the frequency of use of the Highway by the Vehicle;
(d)
the size, type or tread pattern of the tires on the Vehicle;
(e)
the physical condition of the proposed haul route, including the type of road
surface;
(f)
the location of the proposed haul route and its proximity to residential dwellings;
or
(g)
any combination of the above factors; and
Page 5 of 14
if the Chief Administrative Officer has determined that a Person is required to enter into
a road use agreement with the Municipality pursuant this subsection, that Person shall
not operate a Vehicle for which a road use agreement is required on a Highway unless
that Person has entered into a road use agreement with the Municipality.
(3)
A road use agreement entered pursuant to subsection (1) or subsection (2) shall be in
a form, and contain terms and conditions, acceptable to the Chief Administrative
Officer.
(4)
Without limiting the generality of subsection (3), a road use agreement shall contain
provisions, acceptable to the Chief Administrative Officer:
(a)
identifying the route or routes upon which Vehicles subject to the road use
agreement are required to travel or are prohibited from travelling; and
(b)
establishing requirements related to pre-haul and post haul inspections of
portions of Highway that have been utilized.
(5)
Without limiting the generality of subsection (3), the Chief Administrative Officer may
require that a road use agreement contain provisions, acceptable to the Chief
Administrative Officer:
(a)
requiring a Person to pay such amounts, bear such costs, or post security in a
form or amount, as may be determined by the Chief Administrative Officer;
(b)
requiring a Person to take steps or implement measures to maintain the safety,
cleanliness, accessibility and condition of portions of Highway that are travelled
upon, and to repair damage caused to Highways;
(c)
establishing lowered speed limits that must be complied with by Persons or
Vehicles subject to the road use agreement;
(d)
providing exemptions from road bans or other restrictions, imposed by the
Municipality, that would otherwise apply;
(e)
requiring a Person to indemnify the Municipality against loss;
(f)
requiring a Person to obtain and maintain insurance satisfactory to the
Municipality;
(g)
identifying circumstances in which hauling operations must be suspended; and
(h)
addressing such other matters, or imposing such other requirements, as the
Chief Administrative Officer determines to be necessary or beneficial in the Chief
Administrative officer's sole discretion.
(6)
No Person shall contravene any term or condition of a road use agreement.
PART 6 - PERMITS
Permits
Page 6 of 14
9
(1)
The Chief Administrative Officer may issue permits in relation to activities governed by
this Bylaw on such terms and conditions as the Chief Administrative Officer deems
appropriate.
(2)
In issuing a permit under this section, the Chief Administrative Officer may impose such
terms and conditions as are determined to be necessary or beneficial in the Chief
Administrative Officer's sole discretion, including, without limiting the generality of the
foregoing, requirements that a Person pay such amounts, or post security in a form and
amount, or both, as may be determined by the Chief Administrative Officer.
(3)
A Person to whom a permit has been issued pursuant to this Bylaw and any Person
carrying out an activity otherwise regulated, restricted or prohibited by this Bylaw
pursuant to such permit, shall comply with any terms or conditions forming part of the
permit and shall produce the permit to a Bylaw Enforcement Officer upon request.
(4)
A Person shall not make any false or misleading statement or provide any false or
misleading information to obtain a permit pursuant to this Bylaw.
(5)
If any term or condition of a permit issued pursuant to this Bylaw is contravened or if a
false or misleading statement or false or misleading information was provided to obtain
the permit, in addition to any other remedy available to the Municipality, the Chief
Administrative Officer may immediately cancel the permit.
(6)
The onus of proving a permit has been issued in relation to any activity otherwise
regulated, restricted, or prohibited by this Bylaw is on the Person alleging the existence
of such a permit on a balance of probabilities.
PART 7 - AUTHORITY OF MUNICIPAL OFFICIALS
Authority of the Chief Administrative Officer
10
Without restricting any other power, duty or function granted by this Bylaw, the Chief
Administrative Officer is authorized to:
(a)
carry out any inspections to determine compliance with this Bylaw;
(b)
take any steps or carry out any actions required to enforce this Bylaw;
(c)
take any steps or carry out any actions required to remedy a contravention of
this Bylaw;
(d)
establish areas where activities restricted by this Bylaw are permitted;
(e)
establish forms for the purpose of this Bylaw;
(f)
establish the criteria to be met for a permit pursuant to this Bylaw;
(g)
issue permits and licences with such terms and conditions as are deemed
appropriate;
Page 7 of 14
(h)
prescribe the location and placement of any Traffic Control Device in the
Municipality and keep or cause to be kept a record of such locations and
placements;
(i)
impose road bans on any Highway and designate the period of time that the road
bans are in effect;
(j)
temporarily close any Highway for the purpose of repairs, maintenance or other
valid reason or in the case of an emergency;
(k)
prescribe maximum speed limits for a Highway that is under construction or
repair, or is in a state of disrepair;
(l)
cause moveable signs to be placed on or near a Highway;
(m)
designate school zones and playground zones and cause such zones to be
marked by the appropriate Traffic Control Device;
(n)
designate crosswalks upon any Highway, and may cause them to be marked
with signs or lines painted on the surface of the Highway;
(o)
delegate any powers, duties, or functions under this Bylaw to an employee of the
Municipality.
PART 8 - AUTHORITY OF BYLAW ENFORCEMENT OFFICERS
Municipal Tags
11
(1)
A Bylaw Enforcement Officer is hereby authorized and empowered to issue a Municipal
Tag to any Person who the Bylaw Enforcement Officer has reasonable and probable
grounds to believe has contravened any provision of this Bylaw.
(2)
A Municipal Tag may be served:
(a)
personally, to the accused;
(b)
mailed to the address of the registered owner of the Vehicle concerned, or the
Person concerned; or
(c)
attached to or left upon the Vehicle with respect of which the offence is alleged
to have been committed.
(3)
The Municipal Tag shall be in a form approved by the Chief Administrative Officer and
shall state:
(a)
the name of the Person to whom the Municipal Tag is issued, if known;
(b)
a description of the offence and the applicable Bylaw section;
(c)
the appropriate penalty for the offence as specified in Schedule "B" of this Bylaw;
Page 8 of 14
(d)
that the penalty shall be paid within fourteen (14) days of the issuance of the
Municipal Tag to avoid prosecution; and
(e)
any other information as may be required by the Chief Administrative Officer.
(4)
Where a contravention of this Bylaw is of a continuing nature, further Municipal Tags
may be issued by a Bylaw Enforcement Officer, provided that no more than one
Municipal Tag shall be issued for each day that the contravention continues.
(5)
A Person to whom a Municipal Tag has been issued may pay the penalty specified on
the Municipal Tag and if the amount is paid on or before the required date, the Person
will not be prosecuted for the offence.
(6)
Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately
issuing a Violation Ticket.
Violation Tickets
12
(1)
Where a Municipal Tag has been issued and the penalty specified on the Municipal Tag
is not paid within the prescribed time, a Bylaw Enforcement Officer is hereby authorized
and empowered to issue a Violation Ticket.
(2)
Notwithstanding subsection (1), a Bylaw Enforcement Officer may immediately issue a
Violation Ticket to any Person whom the Bylaw Enforcement Officer has reasonable
and probable grounds to believe has contravened any provision of this Bylaw.
(3)
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served
upon the Person responsible for the contravention in accordance with the Provincial
Offences Procedure Act.
(4)
Subject to the Provincial Offences Procedure Act and the regulations thereunder, if a
Violation Ticket is issued in respect of an offence, the Violation Ticket may:
(a)
specify the fine amount established by this Bylaw for the offence in Schedule "B";
or
(b)
require a Person to appear in court without the alternative of making a voluntary
payment.
(5)
A Person who commits an offence may:
(a)
if a Violation Ticket is issued in respect of the offence; and
(b)
if a Violation Ticket specifies the fine amount established by this Bylaw for the
offence;
make a voluntary payment equal to the specified fine.
(6)
When a clerk records in the Court records the receipt of a voluntary payment pursuant
to this Bylaw and the Provincial Offences Procedure Act, the act of recording receipt of
Page 9 of 14
that payment constitutes acceptance of the guilty plea and also constitutes a conviction
and the imposition of a fine in the amount of the specified penalty.
PART 9 - PENALTIES
Offence
13
A Person who contravenes or fails to comply with any provision of this Bylaw is guilty of
an offence and is liable to a fine in an amount not less than that established in this Part
and not exceeding $10,000.00.
Specified Penalties
14
Without restricting the generality of section 14, the fine amounts established for use on
Municipal Tags and Violation Tickets if a voluntary payment option is offered are as set
out in Schedule "B".
Owner Liable
15
(1)
In this Part "owner" includes any Person registered as an owner at the Motor Vehicle
Registry.
(2)
If a Vehicle is involved in an offence under this Bylaw, the owner of that Vehicle is guilty
of an offence.
(3)
Subsection (2) does not apply if the owner of the Vehicle satisfies the court that, at the
time that the Vehicle was involved in an offence:
(a)
the owner of the Vehicle was not driving the Vehicle, and
(b)
no other Person was driving the Vehicle with the owner's expressed or implied
consent.
PART 10 - GENERAL
Severability
16
Should any provision of this Bylaw be invalid, then such provision shall be severed, and
the remaining Bylaw shall be maintained.
Bylaw Schedules
17
Schedules "A" and "B" attached hereto shall form part of this Bylaw.
Repeal
18
The following bylaws, as amended, are hereby repealed:
(a)
Bylaw No. 1180;
Page 10 of 14
(b)
Bylaw No. 1181; and
(c)
Bylaw No. 2018-14, Speed Control Bylaw.
Effective Date
19
This Bylaw takes effect upon being passed.
READ a first time this 30th day of June, 2020.
READ a second time this 30th day of June, 2020.
READ a third time this 30th day of June, 2020.
SIGNED AND PASSED this 30th day of June, 2020.
(Original signed by Reeve S. Upham)
Reeve
(Original signed by CAO S. Kitz)
Chief Administrative Officer
Page 11 of 14
SCHEDULE "A" - SPEED LIMITS
1
The maximum speed limit on the portion of Range Road 50 (Murphy Road) proceeding
north between Secondary Highway 646 and the boundary of the Municipality is one
hundred kilometers per hour (100 km/hr).
2
The maximum speed limit on the portion of Moosehills Road between Highway 41 and
Junction Murphy Road is ninety kilometers per hour (90 km/hr).
3
The maximum speed limit on the portion of Range Road 100 between Highway 28 and
Township Road 604 is one hundred kilometers per hour (100 km/hr).
4
The maximum speed limit on the portion of Township Road 590 beginning 400 metres
east of Range Road 101 and going west for a total distance of 900 metres is sixty
kilometers per hour (60 km/hr).
5
The maximum speed limit on Highways within a Hamlet, other than the Hamlet of Lottie
Lake, is fifty kilometers per hour (50 km/hr). Hamlets include Ashmont, Heinsburg,
Lafond, Lindbergh, Mallaig, St. Edouard, St. Lina, and St. Vincent.
6
The maximum speed limit on Highways within the Hamlet of Lottie Lake is thirty
kilometers per hour (30 km/hr).
7
The maximum speed limit on Highways within residential subdivisions is thirty kilometers
per hour (30 km/hr). Residential subdivisions include the following:
- ASHMONT ACREAGE SUBDIVISION
- ELKLAND SUBDIVISION
- FLOATINGSTONE LAKE SUBDIVISIONS
➢
Floatingstone Estates
➢
Plateau Estates
➢
Smith Grove Resort
➢
Sunset Cove
- GARNER LAKE SUBDIVISIONS
➢
North Bay Resort
➢
Parkland Resort
- HILL SIDE ESTATES
- LAC BELLEVUE SUBDIVISIONS
➢
Warren Development
➢
Aspen Ridge
- LAC SANTE SUBDIVISIONS
➢
French Quarter
➢
Harbour Park
➢
Labrecque's Paradise
➢
Labrecque Estates
➢
Paziuk Subdivision
➢
Sante Estates
➢
Sante Hills Resort
➢
Still Water Resort
Page 12 of 14
➢
Ternovoy Subdivision
- LAC ST CYR SUBDIVISIONS
➢
Lac St. Cyr
- LAURIER LAKE SUBDIVISIONS
➢
Blue Bird Beach
➢
Ernie's Beach
➢
Forest Lawn Estates
➢
Gregor Beach
➢
Vermilion Beach
➢
Waterton Subdivision
➢
Wenzel Subdivision
- LOWER MANN LAKE SUBDIVISIONS
➢
Big Bend Beach
➢
Bonnie Haven
➢
Holiday Inn Resort
➢
McLeod Beach
➢
Ministik Bay
- LOWER THERIEN LAKE SUBDIVISIONS
➢
Crestview Beach
➢
Poirier Subdivision
- OWLSEYE
- PERCH LAKE SUBDIVISIONS
➢
Glen On The Lake
- PRATCH SUBDIVISION
- RIDGEVIEW ESTATE SUBDIVISION
- RIVERVIEW SUBDIVISION
- ST. BRIDES
- UPPER MANN LAKE SUBDIVISIONS
➢
Ashmont Beach
➢
Bayview Beach
➢
Cameron Cove
➢
Fisherman's Cove
➢
Kaehn Beach
- VINCENT LAKE SUBDIVISIONS
➢
Beau Rivage
➢
Birch Crescent
➢
Michaud Park Estates
➢
Sunset Bay
8
The maximum speed limit on the portion of Highway between the intersection of
Township Road 564 and Still Water Drive (located at NE 22 and SE 27-56-11-W4) and
the intersection of Range Road 112 and Hillside Road (located at SE 27 and SW 26-56-
11-W4), which is the curve near the boat launch at Lac Sante), is fifty kilometers per
hour (50 km/hr).
Page 13 of 14
9
The maximum speed limit on the portion of Range Road 104 between the correction line
(Township Road 590) and the north end of the Hamlet of Owlseye is fifty kilometers per
hour (50 km/hr).
10
The maximum speed limit on the portion of Range Road 74 (Richland Road) between
Township Road 562 and Highway 646 is fifty kilometers per hour (50 km/hr).
11
The maximum speed limit on a Highway located within land owned or controlled by the
County that has been designated as, or is used as, a park or recreational area is twenty
kilometers per hour (20 km/hr). These include the Floatingstone Lake Campground, Lac
Bellevue Campground, Stoney Lake Campground, and Westcove Campground at
Vincent Lake.
Page 14 of 14
SCHEDULE "B" - SPECIFIED PENALTIES
Section
Infraction
Penalty
Municipal Tag
Violation Ticket
1st
Offence
2nd
Offence
3rd
Offence
Part 3 -
Operational
Restrictions
All Sections
$150.00
$200.00
$300.00
$300.00
Section 8(1)
Contravention of
weight or
dimensional
restriction
$500.00
$750.00
$1000.00
$1000.00
Section 8(2)
Contravention of
road ban
$500.00
$750.00
$1000.00
$1000.00
Sections 9(1)
and 9(2)
Operation of
Vehicle on
Highway without
having entered
into required
road use
agreement
$1000.00
1750.00
$2500.00
$2500.00
Section 9(6)
Contravention of
term or condition
of road use
agreement
$500.00
$750.00
$1000.00
$1000.00
Part 6 -
Permits
All Sections
$500.00
$750.00
$1000.00
$1000.00