Resolution No. 3 – 08A
Road Maintenance Agreements (2)

WHEREAS there is currently no time limit set in Road Maintenance Agreements regarding the restoration of haul roads upon completion of haul;

BE IT RESOLVED that a penalty clause be added as follows:  “14 days after haul complete, section 2.1.3 must be completed or a penalty of ($ as set) / week will be applied, unless the delay is approved in writing by Municipal Council.”

Response from the Honourable Bill Hutchinson, Minister of Municipal Affairs

• A review committee including provincial, Rural Municipalities (RMs) and industry representation has been formed to look at road maintenance agreements and rates.
• Discussions to date have included the need for a better dispute mechanism that is quick to implement.
• This resolution will be brought forward as an item for discussion by the review committee.
• It may be possible for an RM to address this issue in the negotiation of a road maintenance agreement by ensuring that a set time limit is included in the contract instead of through changes to the legislation.  The review committee will look at the proposed penalty clause.