Can a municipality impose a variable permit fee under section 930(1)(d) of the Regulations Act?

British Columbia, Canada

The following excerpt is from Allard Contractors Ltd. v. Coquitlam (District), 1991 CanLII 5738 (BC CA):

The learned judge expressed his conclusion in these words [p. 314]: 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) only authorized 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. In my view, the legislation does not expressly authorize municipalities to impose a variable permit fee. Nor can the authority to impose a variable licence fee be implied from the circumstances leading to the amendment. The by-laws should be quashed.

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