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Preamble:
WHEREAS many rural municipalities have enacted a Community Aggregate Payment Levy (CAPL) bylaw to provide for the collection of revenues on the basis of aggregate removed from lands within the municipality; and
WHEREAS the CAPL quantities are self-reported by aggregate producers; and
WHEREAS the CAPL Regulation does not provide a framework or mechanism to audit reported shipments; and
WHEREAS municipalities are required to implement their own auditing process which may differ greatly between jurisdictions, resulting in confusion for aggregate producers;
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate to the Government of Alberta for a change to the Community Aggregate Payment Levy (CAPL) Regulation to explicitly define a mechanism or framework for how municipalities should audit CAPL shipment reports and define standardized penalties when aggregate producers fail to meet their obligations under the CAPL Regulation and related municipal bylaws;
FURTHER BE IT RESOLVED that the RMA advocate to the Government of Alberta to consider noncompliance with CAPL bylaws when contemplating company applications, renewals, and reporting for Class 1 gravel pits.
Member Background:
The tools afforded to municipalities to enforce the Community Aggregate Payment Levy (CAPL) bylaw are cumbersome and ineffective. Some municipalities have implemented an audit process, relying on their broad authority under section 542 of the Municipal Government Act. However, this requires involving the Courts when the municipality is met with an uncooperative producer.
An amendment to the CAPL Regulation could provide for a uniform framework, establishing clear expectations for producers operating in multiple jurisdictions, and prescribed enforcement fines and actions could result in more efficient prosecution and a reduction of court time required.
Introducing processes to allow Alberta Environment and Parks to consider delinquency in complying with CAPL bylaws would provide an additional opportunity for enforcement. A search of the RMA resolution database revealed no past advocacy on the issue of auditing CAPL reports or enforcing penalties.
Stakeholders which may have a vested interest primarily include aggregate producers and the Alberta Sand and Gravel Association. The standardization of systems utilized by CAPL bylaws would provide a benefit to stakeholders by introducing consistency across jurisdictions.
RMA Background:
RMA has no active resolutions directly related to this issue.
Alberta Municipal Affairs
The Community Aggregate Payment Levy Regulation was recently extended for two years. This provides time to the Rural Municipalities of Alberta and the Alberta Sand and Gravel Association to consult with their members, develop recommendations in an established timeframe, and ensure the two associations and their members mutually support changes to the regulation.
Development:
RMA appreciated that the Community Aggregate Payment Levy Regulation was extended until the end of 2024. While this would have prevented the change proposed in the resolution from being formally implemented until the Regulation is next updated, action on the second request in the resolution, for the Government of Alberta to consider non-compliance with CAPL bylaws when reviewing applications related to Class 1 gravel pits, could have been taken on this issue immediately.
The stated purpose of the extension was to allow time for RMA and the ASGA to consult with their respective members, develop recommendations, and ensure that the associations mutually support amendments to the regulation. As a result, RMA will be consulting with their members in the coming months and will be looking for member feedback and recommendations, before working alongside the ASGA to negotiate the renewal of the CAP Levy regulation. In summer 2024, the RMA will engage with members about their experiences and concerns with the current regulation to help guide us through the negotiation process and ensure the rural municipal voice is heard.
As a result of the lack of action to this point, RMA assigns this resolution a status of Intent Not Met, but will continue to advocate for greater accountability for the gravel industry related to abiding by community aggregate payment levies and will seek member feedback on their experiences.
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