+ RMA Rural Municipalities
of Alberta

Resolution 3-22F

Provide for a Uniform Method of Auditing and Enforcing Compliance with Community Aggregate Payment Levy Bylaws

Date:
November 9, 2022
Expiry Date:
December 1, 2025
Active Status:
Active
Sponsors:
County of Stettler
District:
2 - Central
Year:
2022
Convention:
Fall
Category:
Industry and Resource Development
Status:
Sent to Government
Vote Results:
Carried
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.

Provincial Ministries:
Municipal Affairs
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