What is the impact of section 930(2) of the remedial legislation on gravel operators?
British Columbia, Canada
The following excerpt is from Allard Contr. Ltd. v. Coquitlam (Dist.), 1988 CanLII 3169 (BC SC):
Section 930(2) is remedial legislation. The history of the problems between municipalities and gravel operators and the result of Kirkpatrick v. Maple Ridge were before the legislature. They knew that s. 930(1) (d) authorized only a flat fixed permit fee. I have no doubt that the object of the legislation, what was intended, was to give municipalities the authority to impose a volumetric or variable permit fee. The subsection does not do this expressly. Rather it authorizes imposing a fee for the removal of soil and then goes on to allow a charge for each volumetric unit removed.
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