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Bylaw 41-2009
PAGE 1
BYLAW 41-2009
(Consolidated March 6, 2018)
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA, TO
AUTHORIZE THE IMPOSITION OF A COMMUNITY AGGREGATE PAYMENT
LEVY
WHEREAS the Municipal Government Act, RSA 2000, Chapter M-26, (hereinafter
referred to as "the Act"), as amended, gives municipalities the ability to pass a
community aggregate payment levy bylaw; and
WHEREAS the Act gives municipal councils the ability to raise revenue by imposing
a levy on sand and gravel businesses operating in the municipality;
NOW THEREFORE, the Council of Strathcona County, duly assembled, hereby
enacts as follows:
SECTION 1 - SHORT TITLE
1.1
This bylaw may be cited as Strathcona County's "Aggregate Levy Bylaw".
SECTION 2 - DEFINITIONS
2.1
"Aggregate" means any sand or gravel that is excavated from a pit
operating in the County, whether in a processed or unprocessed form.
2.2
"Council" means Council of Strathcona County.
2.3
"County" means Strathcona County.
2.4
"Crown" means the Crown in right of Alberta or Canada.
2.5
"Levy" means community aggregate payment levy.
2.6
"Pit" means any duly constituted opening, excavation or working of the
surface or subsurface made for the purpose of removing sand or gravel,
and includes any associated infrastructure, but does not include a mine or
quarry.
2.7
"Sand and Gravel Operator" or means a person duly engaged in extracting
sand and gravel for Shipment.
2.8
"Shipment" means a quantity of sand and gravel duly hauled from the Pit
from which it was extracted.
Bylaw 41-2009
PAGE 2
SECTION 3 - APPLICATION OF BYLAW
3.1
All Sand and Gravel Operators in the County shall report their Shipments,
in tonnes, from each individual Pit within the boundaries of the County, on
a quarterly basis, within fourteen (14) days after March 31, June 30,
September 30 and December 31 of each year, on the form attached as
Schedule "A" to this bylaw, or substantially the same as, or as amended
by the department manager from time to time.
3.2
The County shall send out Levy notices within (30) days of March 31, June
30, September 30 and December 31 in each calendar year setting out the
amount of the levy payable by the operator.
3.3
The Levy shown on a Levy notice shall be paid to the County by the
operator within thirty (30) days of the date of receipt of the Levy notice.
3.4
The County shall record the tonnage of sand and gravel in a Sand and
Gravel Operator's Shipment on a sand and gravel shipped tonnage roll
based on the tonnage of sand and gravel in an Sand and Gravel Operator's
Shipment, as reported by the Sand and Gravel Operator.
3.5
The Levy rate to be applied throughout the County in calculating the
amount of the Levy is $0.40 per tonne of sand and gravel.
(S.1 Bylaw 7-2018, March 6, 2018)
3.6
The uniform conversion rate shall be:
(a)
1 cubic metre = 1.365 tonnes, for sand, and
(b)
1 cubic metre = 1.632 tonnes, for gravel
Where 1 cubic metre is equal to 1.308 cubic yards.
3.7
Where a Sand and Gravel Operator is unable to provide a measurement of
weight for the amount of sand and gravel in a Shipment, the Sand and
Gravel Operator must use the conversion rates as outlined in 3.6 to report
Shipments under 3.4.
3.8
The amount of Levy to be imposed is calculated by multiplying the number
of tonnes of sand and gravel recorded on the sand and gravel shipped
tonnage roll for that operator for the reporting period by the Levy rate.
3.9
No Levy may be imposed on the following classes of Shipments of sand
and gravel:
Bylaw 41-2009
PAGE 3
3.9.1 A Shipment from a Pit owned or leased by the Crown for a use or
project that is being undertaken by or behalf of the Crown or a
municipality;
3.9.2 A Shipment from a Pit owned or leased by a municipality for a use,
project or purpose that otherwise fulfills a policy of the Country
that is being undertaken by or on behalf of a municipality;
3.9.3 A Shipment from a Pit owned or leased by the Crown or a
municipality for a use or project that is being undertaken by or on
behalf of the Crown or a municipality;
3.10
No Levy may be imposed on Shipments of sand and gravel that are
subject to another tax, levy or payment that is established by and payable
to a municipality.
3.11
No levy may be imposed on Shipments of sand and gravel that are
required pursuant to a road use agreement or a development agreement
for construction, repair or maintenance of roads identified in the
agreement, that are necessary to provide access to the Pit from which the
sand and gravel is extracted.
3.12
A person who purchases a sand and gravel business or in any other
manner becomes involved with the business must be included on the sand
and gravel shipped tonnage roll as liable to pay a Levy and must give the
County written notice of a mailing address to which notices may be sent.
SECTION 4 - OFFENCES
4.1
A person who contravenes Section 3 is guilty of an offence and shall pay
the penalty specified in Schedule "B" attached.
SECTION 5 - VIOLATION TAGS
5.1
A Community Peace Officer is hereby authorized and empowered to issue
a Violation Tag to any person who the Community Peace Officer has
reasonable and probably grounds to believe has contravened any provision
of this Bylaw.
5.2
A Violation Tag may be issued to such person:
(a)
either personally, or
(b)
by mailing a copy to such person at his last known post office
address
Bylaw 41-2009
PAGE 4
5.3
The Violation Tag shall be in a form approved by the Chief Commissioner
and shall state:
(a)
the name of the person;
(b)
the offence;
(c)
the appropriate penalty for the offence as set out in this Bylaw;
(d)
that the penalty shall be paid within thirty (30) days of
the issuance of the Violation Tag;
(e)
any other information as may be required by the Chief
Commissioner.
5.4
Where a contravention of this Bylaw is of a continuing nature, the
Community Peace Officer may issue further Violation Tags, provided that
no more than one Violation Tag shall be issued for each day that the
contravention continues.
5.5
Where a Violation Tag is used pursuant to this Bylaw, the Person to whom
the Violation Tag is issued may, in lieu of being prosecuted for the offence,
pay to the County the penalty specified on the Violation Tag.
5.6
Nothing in this Bylaw shall prevent a Community Peace Officer from
immediately issuing a Violation Ticket for the mandatory Court appearance
of any Person who contravenes any provision of this bylaw.
SECTION 6 - VIOLATION TICKET
6.1
If the penalty specified on a Violation Tag is not paid within the prescribed
time period then a Community Peace Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to Part II of the Provincial
Offences Procedure Act, RSA 2000, c. P-34.
6.2
Nothwithstanding Section 6.1 of this Bylaw, a Community Peace Officer is
hereby authorized and empowered to immediately issue a Violation Ticket
Pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c.
P-34, as amended, to any person who the Community Peace Officer has
reasonable grounds to believe has contravened any provision of this
Bylaw.
SECTION 7 - SEVERABILITY PROVISION
7.1
Should any provision of this Bylaw be invalid, then such provision shall be
severed and the remaining Bylaw shall be maintained.
Bylaw 41-2009
PAGE 5
SECTION 8 - EFFECTIVE DATE
8.1
This Bylaw takes effect September 1, 2009
NOTE: Consolidation made under Section 69 of the Municipal Government Act,
R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief
Commissioner's authority.
Bylaw 41-2009, passed by Council June 30, 2009
Amendments
Bylaw 7-2018, March 6, 2018
-
TOTAL EXEMPTED SHIPMENTS (add B1 to B3)
TOTAL B
=
TOTAL A MINUS TOTAL B
This provides the tonnage subject to Community Aggregate Payment Levy
TOTAL C
Bylaw 41-2009 - Schedule "A"
Sand and Gravel Shipments - Quarterly Report
Transportation and Agriculture Services, 2001 Sherwood Drive, Sherwood Park, AB T8A 3W7
Phone 780-417-7100 Fax 780-417-7109
Reporting period
March 31
June 30
September 30
December 31
Year
This report must be received by the County within fourteen (14) days from the last day of the reporting period. A separate
report must be submitted for each pit from which an operator has shipped sand or gravel in the reporting period.
Name of operator
Mailing address of operator
Telephone number
Fax number
Email address
Location of sand/gravel pit
Name of owner of parcel
where pit is located
Mailing address of owner parcel
Telephone number
Fax number
Email address
(Please report each section in tonnes and only report for the current period/quarter)
Shipments exempted from Community Aggregate Payment Levy
B1) Total sand and gravel that you shipped from this pit, pursuant to a
road haul agreement or a development agreement, for the
construction, repair or maintenance of access roads to this pit
Please complete sections B2 to B3 only if this pit is:
- Owned by the Government of Alberta or a municipality, or
- Leased by the Government of Alberta or a municipality from another party
B2) Total sand and gravel that you shipped from this pit to
Government of Alberta projects
B3) Total sand and gravel that you shipped from this pit to projects of
other municipalities (excluding Strathcona County)
The weight of sand and gravel in individual shipments may be estimated if weigh scales are unavailable. The conversion rates to be
used in estimating the tonnage are as follows: 1 cubic metre = 1.365 tonnes, for sand; and 1 cubic metre = 1.632 tonnes, for gravel
where 1 cubic metre = 1.308 cubic yards
Collection and use of personal information
This personal information is being collected in accordance with the Municipal Government Act and is protected by the provisions of the Freedom of
Information and Protection of Privacy Act. Information collected on this form will be used for billing purposes. If you have any questions regarding the
collection and use of your information, contact the Coordinator, Central Services at 780-417-7131.
TAS 13085 - B
Total sand and gravel that you shipped from this pit
TOTAL A
FF,- STRATHCONA
71 COUNTY
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Bylaw 41-2009
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PENALTIES
Offence
Penalties
Failure to comply with any provision of this bylaw
$100.00
Second offence committed within twelve (12) months of the
commission of the first offence
$250.00
Third and subsequent offences committed within twelve (12)
months of the commission of the previous offences
$500.00