WHEREAS Section 22 (1) of The Municipalities Act gives the authority to a municipal council to require haulers to enter into road maintenance agreements; and

WHEREAS Section 22 (1)(b)(iii) of The Municipalities Act implies that the use of a road is “required”; and

WHEREAS often the use of a particular road is a hauler’s preferred route of transportation and not explicitly “required”;

BE IT RESOLVED that SARM lobby the Provincial Government to change the wording of section 22(1)(b)(iii) of The Municipalities Act from “required” to “uses a street or road…”.

Response from Jim Reiter, Minister of Government Relations and Minister Responsible for First Nations, Metis and Northern Affairs

Our information from the RM of Wolseley No. 155 is that this resolution relates to an issue currently being considered by the courts.  The ministry will consider its options to amend The Municipalities Act once it has an opportunity to review the court decision.

Updated response from the Ministry of Government Relations dated July 4, 2017