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## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
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| GILBERT PLAINS MUCICIPALITY BY-LAW No. 2024-001 | BEING a By-law of the Gilbert Plains Municipality respecting heavy vehicles, transporting aggregate, logs, and other heavy loads and road closures on Municipal roads; WHEREAS, The Municipal Act C.C.S.M. cap. M225, and amendments thereto provides in part as | follows: 232(1) A Council may pass by-laws for Municipal purposes respecting the following matters: (a) the safety, health, protection and well-being of people, and the safety and | protection of property; (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt | from municipal taxation; (c) subject to section 233, activities or things in or on private property; (d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads; (m) local transportation systems; | (n) businesses, business activities and persons engaged in business; (o) the enforcement of by-laws. 232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division: (a) regulate or prohibit; (e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of | 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 | WHEREAS, The Highways Traffic Act provides, in part, as follows: 70 Where a person operates, or causes to be operated, upon a highway a motor vehicle in excess of weight permitted by this Act or regulations, and the vehicle causes damage to |
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## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
Heart of the Parkland the highway or any part thereof, the owner and operator are jointly and severally liable to the traffic authority for the damage.
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of it;
(a) Prohibit vehicles from using part or all of the highway or a structure forming part
86(1) The traffic authority of a highway may, with or without conditions,
(b) Restrict the allowable dimensions of vehicles that use part or all of the highway or a structure forming part of it;
(c) Restrict the allowable weight of vehicles that use part or all of the highway or a structure forming part of it; or
(d) Restrict the use of art or all of the highway or a structure forming part of it.
86(3) When a municipality, a local government district or the council of a band, as traffic authority for a highway, imposes a prohibition or restriction under subsection (1) it shall: (a) If the prohibition is for one year or less, impose it by resolution; and (b) If the prohibition or restriction is for longer than one year, impose it by by-law.
AND WHEREAS, the Council of the Gilbert Plains Municipality deems it necessary and advisable to regulate and restrict the use of vehicles driven on municipal roads from causing excessive damage to roads within the Gilbert Plains Municipality;
NOW THEREFORE, the Council of the Gilbert Plains Municipality, in meeting duly assembled,
enacts as follows:
1. TITLE
1.1 This by-law may be referred to as the Gilbert Plains Municipality Road Use By-Law.
2. DEFINITIONS
In this by-law, the following definitions apply:
"Act" means The Municipal Act of Manitoba, C.C.S.M. c. M225, and associated regulations,
as amended.
"Aggregate" means a quarry mineral that is used solely for construction purposes or as a constituent of concrete other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock.
"CAO" means the Chief Administrative Officer as appointed by Council.
"Council" means the duly elected Reeve and Councillors of the Gilbert Plains Municipality.
"Designated Officer" means any employee appointed as a designated officer within the Municipality.
amendments thereto, over which the municipality has jurisdiction.
"Highway" means a highway, as defined in "The Highway Traffic Act", C.C.S.M c.H60, and
"Licensee" means the holder of aggregate Mining and Transport licence.
"Municipality" means the Gilbert Plains Municipality.
"Person" means a natural person, owner and operator of the vehicle, a partnership, a firm, a business, an association, a credit union, a cooperative, a corporation or a municipality.
## 3. USE OF A MUNICIPAL ROAD
## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
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3.1 Subject to clauses (4) and (5), any Person may use any Municipal Road for the purpose of transporting Aggregate, logs and heavy loads for commercial purposes where necessary in order to conduct business at the origin or destination point if:
3.1.1 Either the origin or the destination point is not located on a Provincial Road or a Provincial Trunk Highway; or It is not possible to travel from the origin to the destination point, or vice versa, using only a Provincial Road or a Provincial Trunk Highway. 3.2 No Person shall, for the purpose of transporting aggregate, logs and heavy loads for commercial purposes, use a Municipal Road in lieu of using a Provincial Road and/or a Provincial Trunk Highway to connect two points along such Person's route of travel if the two points may be connected using only provincial roads and/or Provincial Trunk
## Highways.
3.3 Any Person transporting aggregate, logs and heavy loads on a road within the Municipality shall be required to obtain a Transport Licence in the form and substance hereto attached as Schedule "A".
## 4. MUNICIPAL ROAD CLOSURES
Gilbert Plains Municipality with any vehicle other than a passenger vehicle.
4.1 No person shall drive a vehicle on a municipal road designated to be closed by the record of closed roads within the Municipality. This record will be available for
4.2 The Chief Administrative Officer and the Public Works Manager will determine and keep inspection at the administration office of the Municipality during normal business hours.
and maintain desired road closures within the municipality.
4.3 The Chief Administrative Officer and the Public Works Manager will implement, place
4.4 School buses and emergency vehicles be exempt from this By-Law.
will be permitted to use a closed road on the following conditions:
4.5 Agricultural producers that must access commodities or feed livestock on a closed road
4.5.2 A permit is obtained from the municipality at no charge. 4.6 There will be 24 hours' notice prior to closures being put into place.
4.5.1 There is no alternate route; and
## 5. TRANSPORT ROUTE
5.1 As a condition of permitting a use of municipal roads, the Person/Licensee shall use the designated route as identified in the Transport Licence for aggregate, logs, and heavy
6. FEE
6.1 The annual application fee for a Transport Licence shall be $100.00.
6.2 A new license shall not be issued until the previous year's applicable payments are submitted. If no transporting of goods occurred, then a "nil" report is required.
the Municipality forthwith upon demand.
6.3 The holder of a Transport Licence shall produce such licence to a Designated Officer of
6.4 In addition to the Transport Licence, the Municipality requires the payment of fees by the holder of a Transport Licence for the maintenance, repair, restoration and for the shortening of the lifetime of any municipal road used by the licence holder to transport aggregate, logs and heavy loads which shall be as determined by the following formula:
## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
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## In this formula,
A - is the number of kilometers of municipal road over which the aggregate, logs and heavy loads are transported B - is the lesser of:
(a) the number of tonnes of a load transported, multiplied by the rate per tonne set out in the following table for the relevant time period as amended from time to time.
and
(b) the number of cubic metres of a load transported, multiplied by the rate per cubic metre set out in the following table for the relevant time period as amended from time to time.
| Rate per cubic metre | $0.0580 | $0.1158 |
|--------------------------|--------------------------------|-------------------|
| Rate per tonne | $0.0330 | $0.0662 |
| Time Period in each year | January, February and December | March to November |
such person shall provide to the Municipality on or before February 25th in the next
6.5 Where a person is required to have a Transport License in any part of the calendar year,
"B" as well as all fees paid in full. All of such payments shall be remitted to Gilbert Plains
ensuing year, a complete and accurate record in the form attached hereto as Schedule Municipality.
lieu of payment of fees referred to in clause (5.4).
6.6 The Municipality may enter into an agreement with a holder of a Transport Licence in
6.7 If severe road damage occurs which is directly attributed to the hauling operation, the municipality reserves the right to negotiate the costs of the damage with the hauler. If an agreement cannot be reached, a professional engineer or contractor will be asked to assess the damage and their assessment shall be binding.
## 7. EXEMPTION
7.1 Any Person transporting aggregate within the Municipality in fulfillment of a contract awarded by the Municipality for road maintenance or reconstruction, or related purposes, is exempt from the payment of the fees detailed in clause (5.4) for aggregate
## for the Municipality.
## 8. PENALTY
8.1 Any Person who is convicted of a violation or infraction of any of the provisions of this by-law, shall, upon conviction be liable for each offence to a penalty no less than one thousand dollars ($1,000.00) and not exceeding five thousand dollars ($5,000.00) plus actual costs incurred of road maintenance and repair.
attached thereto, be sent by registered mail to the person in violation of this By-Law
8.2 As soon as reasonably possible, a notice consisting of this By-Law and Schedule "C"
and a copy to the RCMP.
8.3 If fines and penalties are not paid to the Municipality by the Person in violation, the charges will be charged as taxes against any real property owned by the Person located within the boundaries of the Gilbert Plains Municipality and collected as Real Property Taxes in the usual manner.
## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
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8.4 In the event the Person does not own Real Property within the boundaries of the Municipality, the Municipality may recover all costs, remuneration and fines as a debt through any Court of competent jurisdiction.
## 9. BY-LAW REVIEW
This By-law shall be reviewed at least once during the term of the elected Council.
10. SEVERABILITY
The invalidity of any provision of this By-law with an Act or Regulation in force in the Province of Manitoba or a decision of Court, shall not affect the validity or enforceability of any other provisions of this By-law, which shall remain in full force and effect.
11. SUNSET
This By-law shall continue in force and effect until repealed.
12. EFFECTIVE DATE
The effective date of this By-law shall be the day after it is passed.
DONE AND PASSED in Council duly assembled at the Gilbert Plains Municipality, in Manitoba, fame this 17 day of December AD 2024.
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Conster Recti CHIEF ADMINISTRATIVE OFFICER
Read a first time this 12 day of November, 2024.
Read a second time this 3 day of December, 2024. Read a third time this 17 day of December, 2024.
GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
Heart of the Parkland
## Schedule "A" GILBERT PLAINS MUNICIPALITY TRANSPORT LICENCE
Gilbert Plains Municipality
Box 220, 201 Main Street N, Gilbert Plains, Manitoba, ROL OXO
I, Name Telephone Number Address\_
(Attach Route Map)
Transport Route:
hereby make application for the annual license for the transportation of aggregate or other goods, please specify , over municipal roads in the Gilbert Plains
Municipality.
Also, I hereby agree to the following:
a) Pay all fees and provide all records stipulated in the provisions of By-Law No. 2024-001;
agent of the Gilbert Plains Municipality.
b) Provide the Municipality through its officers, servants or agents, the right of entry to inspect and determine the weight and volumes of the goods transporting through municipal roads and to provide proof of the Transport Licence issued as a result of this Application and payment of the prescribed fee, upon request of any officer, servant or c) Forthwith surrender the Transport Licence issued by the Gilbert Plains Municipality as a result of this application and payment of the prescribed fee, upon the cancellation of it by the Gilbert Plains Municipality for non-compliance with By-Law No. 2024-001; and is as above d) My address to which all notices by the Gilbert Plains Municipality to me should be sent Or (if different than above):
- 20
\_day of
Dated at the Gilbert Plains Municipality this
## LICENCE
Signature of Applicant This certifies that terms and prisons of the Municipality arta Licence s) as described above subject to Received:
Licence Fee: $100.00
Licence Expiry Date:
20\_
Dated at the Gilbert Plains Municipality, in the Province of Manitoba this. \_day of Authorized Signature Gilbert Plains Municipality
## GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
Heart of the Parkland
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iber lines
## Schedule "B" GILBERT PLAINS MUNICIPALITY TRANSPORTATION FEE
REMITTANCE FOR AGGREGATE OR GOODS TRANSPORTED
, 20
and
BETWEEN
COMPLETE ONE FORM FOR EACH ROUTE OF TRAVEL
Licence No.
Location:
| COMPANY NAME P.O. BOX/STREET POSTAL CODE PHONE CITY/TOWN CONTACT PERSON EMAIL, |
|----------------------------------------------------------------------------------------|
TOTAL NUMBER OF CUBIC YARDS OR TONNES TO BE TRANSPORTED ON MUNICIPAL ROADS: \_yards OR tonnes
(1 Cubic Yard x 1.35 = Tonnes) or (1 Cubic Yard x. 764 = Cubic Meters).
Calculate payment in either Tonnes (t) or Cubic Meters (m3).
TABLE A - FEES FOR TRANSPORTATION OF AGGREGATE/GOODS
| AMOUNT ($) (a) x (b) | | |
|------------------------|----------------------------------------------------|------------------------------------------------------------------------|
| RATE OF PAYMENT (b) | $0.0330 $0.0580 | $0.0662 $0.1158 |
| AMOUNT TRANSPORTED (a) | Tonnes = Cubic Meters (m3) = | Tonnes = Cubic Meters (m?) = Total $ amount (to be moved to Table "B") |
| PERIOD TRANSPORTED | January, February and December March to the end of | November |
## TABLE B - CALCULATION OF FEES FOR KILOMETRES TRAVELLED ON MUNICIPAL ROADS
TOTAL PAYABLE
| Number of kilometers travelled Total amount payable to the Municipality ($ × kms.) |
|--------------------------------------------------------------------------------------|
UPON COMPLETION, THIS FORM TOGETHER WITH PAYMENT IN THE TOTAL AMOUNT FROM TABLE "B" IS TO BE REMITTED TO:
## Gilbert Plains Municipality Box 220, 201 Main Street N
Gilbert Plains, Manitoba, ROL OXO
GILBERT PLAINS MUNICIPALITY BY - LAW NO. 2024-001
Heart of the Parkland
iber pain.
## Schedule "C" NOTICE OF VIOLATION
To:
(Name of Owner/Company)
(Name of Vehicle Operator)
(Address)
TAKE NOTICE THAT the vehicle operator as described above is in violation of the By-Law No. 2024-001, of the Gilbert Plains Municipality and has caused excessive damages to the road as described within the information provided below during the time set for Road Restrictions and/or closure within the boundaries of the Gilbert Plains Municipality.
THIS IS TO SERVE AS YOUR VIOLATION AND OFFENCE
Date of Violation:
Time of Violation:
Type of Vehicle:
Licence Plate #:
Color of Vehicle:
Color of Trailer, if applicable:
Legal Description of the Road:
THE EXCESSIVE DAMAGES TO THE MUNICIPAL ROAD WAS ASSESSED AS FOLLOWS:
- [ ] Description of Repairs
Administration Fee
Blading
Gravel
Other
Rate
$25.00
Total $25.00
Penalty
Total cost of repairs
Total cost owed to the Municipality
day of
## DATED this