Streets and Roads. Andrew Svenson Legal Counsel, S.A.R.M.

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1 Streets and Roads Andrew Svenson Legal Counsel, S.A.R.M.

2 Jurisdiction A rural municipality has the direction, control and management of all streets and roads within the municipality, with the exception only of provincial highways. See section 12 of The Municipalities Act.

3 Section 12 (1) of The Municipalities Act states that: Subject to this Act, The Highways and Transportation Act, 1997 and the regulations made pursuant to that Act, section 39 of The Saskatchewan Telecommunications Act, The SaskEnergy Act and The Power Corporation Act, a municipality has the direction, control and management of all streets within the municipality and all roads, other than provincial highways, within the municipality.

4 This, as you can see, is subject to the provisions of The Highways and Transportation Act, 1997, and the regulations made pursuant to that Act, as well as section 39 of The Saskatchewan Telecommunications Act, The SaskEnergy Act and The Power Corporation Act.

5 What this means is that a rural municipal council has the jurisdiction over all streets and roads in the municipality, subject only to certain rights which Saskatchewan Highways and Transportation, SaskTel, SaskEnergy and Sask Power have.

6 This jurisdiction includes the right to pass bylaws respecting: The use of vehicles and the regulation of pedestrians Streets and roads See clauses 8(1)(f) and (g) of The Municipalities Act.

7 These broad authorities are subject to a number of limitations. Firstly, any bylaws respecting the use of vehicles and the regulation of pedestrians are subject to the provisions of The Traffic Safety Act.

8 Secondly, the authority to pass bylaws respecting streets and roads is subject to the limitations set out in sections 12 to 22.1 of The Municipalities Act. These sections put specific limits on bylaws respecting: Closing, Closing and Leasing and Closing and Transferring of Streets or Roads. See sections 13 to 15 of The Municipalities Act. Vehicle Weight Management. See sections 18 to 21 of The Municipalities Act. The provisions of The Highways and Transportation Act, 1997, and related regulations must also be considered in this context. Road Maintenance Agreements. See section 22 of The Municipalities Act.

9 Thirdly, if there is a conflict between any such bylaw and any valid federal or provincial legislation, the bylaw will be of no effect to the extent of the conflict. See section 11 of The Municipalities Act.

10 Most rural municipalities will have in force bylaws, enacted under The Rural Municipality Act, 1989, dealing with streets and roads. Despite the repeal of the said Act, upon the coming into effect of The Municipalities Act, such bylaws will remain valid, provided they are not in conflict with any of the provisions of the new Act.

11 Liability Section 343 of The Municipalities Act states: A municipality shall keep every street, road or other public place that is subject to the direction, control and management of the municipality, in a reasonable state of repair Along with the jurisdiction comes the liability for maintaining and repairing streets and roads.

12 Road Maintenance Agreements Legal Principles

13 Section 22 of the Municipalities Act There are three qualifications that must be met in order for an RM to require a hauler to enter into a road maintenance agreement. Subsection 22(1) states: A council may require any person to enter into an agreement with the municipality for the maintenance of any municipal road within the municipality, in accordance with any terms and conditions that the minister may establish in the regulation made by the minister, if:

14 1. Clause (a) Serving Notice if The council has caused notice to be served on the person that an agreement is required. (service must be by personal service or by registered mail)

15 2. Clause (b) the Who if the person: is a producer or shipper of goods that are transported on streets or roads in the municipality; wishes to use a street or road in the municipality for the purpose of transporting quantities of goods; or wishes to receive delivery of goods, the transportation of which requires the use of a street or road in the municipality. The other interesting thing about the person is that they must be shipping, hauling or receiving quantities of goods that, in the council s opinion, are significant in nature. (this bears out in the next slide) The person becomes the hauler for the purposes of a road maintenance agreement. Typically, a hauler may be a shipper, hauler or receiver.

16 3. Clause (c) the Why if In the council s opinion, the transportation of the goods mentioned in clause (b) and the movement of any vehicles or equipment required to produce or ship those goods is likely to result in damage to the streets or roads.

17 CO2 Stripper hauled from Tofield, AB (near Edmonton) to SaskPower s carbon capture and sequestration pilot project at Boundary Dam s Unit 3 (near Estevan, SK.)

18 It weighed 1,000,000 lbs. (490,000 kg) and was over 40 meters long.

19 The trailer it was on had 224 wheels.

20 It was pulled by one truck and pushed by three more trucks.

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22 Subsection 22(5) In the absence of an agreement for road maintenance pursuant to subsection (1) or of an order issued pursuant to section 22.1, no person who is served with a notice pursuant to clause (1)(a) shall: ship or cause any goods to be shipped on any street or road in the municipality that served the notice; operate any vehicle, other than a vehicle registered in class LV or Class PV with the Highway Traffic Board, on any street or road in the municipality that served the notice; or receive delivery of goods by transportation on any street or road in the municipality that served the notice in the circumstances mention in clauses (1)(b) and (c).

23 Subsection 22(1.1) Notwithstanding any other provision of this Act, no council shall require any person to enter into an agreement with a municipality for the purposes of the maintenance of municipal roads other than in accordance with this section.

24 Caution It is important here to point out that if an RM has served notice on a hauler, the hauler can, pursuant to subsection 22.1(2) of The Municipalities Act, apply to the Saskatchewan Municipal Board to determine whether or not a proposed agreement is required and/or to determine the terms of the proposed agreement.

25 Subsection 22(6) A municipality may enter into an agreement for the purposes mentioned in subsection (1) with one or more other municipalities.

26 Contents of a Road Maintenance Agreement Remember ss. 22(1)? A council may require any person to enter into an agreement with the municipality for the maintenance of any municipal road within the municipality, in accordance with any terms and conditions that the minister may establish in the regulation made by the minister

27 The Municipalities Regulations Part III Road Maintenance Agreements and Road Committees Sections 9 22

28 Roads (s. 10) Municipal Road A street or road includes all or any part of a culvert or drain or a public highway, road, lane, bridge, place, alley, square, thoroughfare or way intended for or used by the general public for the passage of vehicles or pedestrians. Undeveloped Road Means a road allowance in a municipality that: has not been developed as a municipal road; or is not being maintained for the movement of traffic.

29 Normal Costs to be Considered (s. 11) The parties to an agreement must take into account the normal road maintenance and restoration expenses incurred or to be incurred by the municipality to provide road maintenance and restoration services to municipal roads during the period of the bulk hauls to be made by or to the hauler. This comes into play with subsection 12(2) which states: The provision of any maintenance and restoration of municipal roads, or the payment to a municipality of an amount for the restoration or maintenance of municipal roads, [ ] is to be only for maintenance and restoration that is: in addition to the normal road maintenance and restoration that the municipality is required to provide to those roads; and required by reason of the bulk hauls to be made by or to the hauler.

30 Maintenance and Restoration (s. 12) Every agreement must provide that the hauler shall: provide for the maintenance and restoration of municipal roads to which the agreement applies; or pay to the municipality an amount for the cost of maintaining and restoring municipal roads to which the agreement applies.

31 Limits If the hauler is going to pay the RM for the cost of maintaining and restoring the haul roads, the Regulations impose the following limits: not more than: 1.57 cents per tonne or 2.79 cents per cubic metre, whichever is less, of load per kilometre hauled in the summer haul period; and cents per tonne or cents per cubic metre, whichever is less, of load per kilometre hauled in the winter haul period. not less than: $60 per kilometre of municipal road used for bulk haul during the summer haul period; and $30 per kilometre of municipal road used for bulk haul during the winter haul period.

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35 Road Maintenance Agreements Review Background The rates were last reviewed in 1995 and in 1998 Current Status If you have comments or questions, contact: Debi Moore, CMA Policy Development Branch Ministry of Municipal Affairs Telephone: (306) Fax: (306)

36 Undeveloped Roads Every agreement must provide that the hauler who is a party to the agreement shall provide: any road maintenance that is required to the undeveloped roads to which the agreement applies for the bulk hauls to be made by the hauler; and the restoration that is required to the undeveloped roads to which the agreement applies by reason of the bulk hauls made by or to the hauler.

37 Payment for Shortening the Life of the Municipal Road (s. 13) Every agreement must provide that the hauler shall pay to the municipality an amount as compensation for any shortening of the lifetime of the municipal roads to which the agreement applies that will be caused by the bulk hauls to be made by or to the hauler. The maximum amount payable for this amount is: 1.34 cents per tonne or 2.39 cents per cubic metre, whichever is less, of load per kilometre hauled in the summer haul period; and.067 cents per tonne or cents per cubic metre, whichever is less, of load per kilometre hauled in the winter haul period.

38 Public Interest (s. 14) Every agreement may contain conditions that regulate the bulk hauls to which the agreement relates for the purpose of protecting the public interest in the municipal roads and undeveloped roads to which the agreement applies.

39 Dispute Resolution (s. 15) Every agreement must provide for a dispute resolution process. The dispute resolution process [ ] must be used in the event of a dispute between the parties before any party may apply to the Saskatchewan Municipal Board pursuant to clause 22.1(2)(b) of the Act. Examples: Notify the other party and seek to reach an agreed upon resolution; Mediation; Arbitration; or Litigation.

40 Other Contents of a Road Maintenance Agreement Maintenance Standards. Designate the dates for the summer and winter haul periods. Erecting signs (if required). Reporting and payment schedule. Costs or fees for legal services. What happens in the event of a default. Stipulating what the RM will do if the hauler fails to meet its obligations. Term of the Agreement.

41 Section 22.1 of the Act Notwithstanding any terms or conditions of an agreement, a party may apply, in writing, to the Saskatchewan Municipal Board to have the board make a determination respecting any issue involving any matter governed by the agreement. Pay close attention to the wording of the Act: "Notwithstanding any terms or conditions of an agreement..."

42 The Saskatchewan Municipal Board may determine any issue involving a road maintenance agreement including: Determining that a proposed agreement is not required; Setting out all or any of the terms of the agreement; If no agreement has been entered into, directing the parties to enter into an agreement; making any other order that the board considers necessary or reasonable.

43 Subsections 22.1 (12) and (13) A determination of the board pursuant to this section is binding on and shall be implemented by the parties (see sub. (12)); and it is final and there is no appeal to the Court of Appeal (see sub. (13)).

44 For More Information SARM Website: Municipal Affairs Website: Agreements/Agreement-Template My contact information: Andrew Svenson Phone: Fax:

45 Questions?