The bylaws are administered and permits will be issued by the City Engineer and
Deputy City Engineer. The maximum fine for violation of the bylaw is $10,000. There

are no fundamental changes in this bylaw from the earlier draft which was given
readings by Council.

3. Soil Deposit Bylaw

This bylaw requires that a person who wishes to deposit more than 50 cubic metres of
soil on a parcel within any one year period obtain a permit from the City Engineer or
Deputy City Engineer. A "deposit" of soil includes the removal of soil from one part of
the parcel and its placement on another part of the same parcel. The bylaw also
prohibits the deposit of “other materials" on land except in compliance with the bylaw.

Exemptions are established for fill materials including agricultural compost and mulches
and wood waste (to a maximum depth of 10 cm) used for agricultural and landscaping
purposes. Wood waste produced by a manufacturing activity is also allowed to be
deposited on the same parcel or on an adjoining parcel.

The permit system under the soil deposit bylaw is similar to the permit system under the
soil removal bylaw. The applicant is required to provide detailed information regarding
the amount of soil to be deposited, its origin and the reclamation measures relating to
the deposit. If the amount to be deposited in any one year exceeds 100 cubic metres, a
professional engineer must certify that the soil is not “contaminated soil".

The permit fee is $50.00 plus 10 cents for each cubic metre to be deposited in excess of
100 cubic metres and the maximum fine for violation is $10,000. Permits are issued for
an estimated amount of deposit, and the permit fee is adjusted after the deposit has
been completed and surveyed.

4, Conclusions

The bylaws will impose significant new obligations on builders and land developers, as
well as increasing the work load of the Engineering Department. The bylaws fully
utilize the powers available to Council under the Municipal Act and some provisions of
the bylaws may be questioned in the absence of any court decision on the scope of
Section 930.1. In general, the purpose of the bylaws is to protect the environment and
to give the City some control over activities which have been previously unregulated,
while generating revenue which will hopefully be sufficient to offset the cost of
administration.

We recommend that the bylaws be monitored during the first year that they are in
effect, and that a report to Council be made at the end of that time. It is to be