Resolute Bay Quarry By-law

HAMLET OF RESOLUTE BAY

BY-LAW XXX

A By-law of The Municipal Corporation of the Hamlet of Resolute Bay in Nunavut for the establishment, operation, maintenance, and restoration of municipal quarries, pursuant to Subsection 14.1.1(d) of the Nunavut Land Claims Agreement and the provisions of the Hamlets Act, R.S.N.W.T., 1988, c. H-1, as amended from time to time.

NOW, THEREFORE, THE COUNCIL OF THE MUNICIPAL COPORATION OF THE HAMLET OF RESOLUTE BAY, at a duly assembled meeting, enacts as follows:

SHORT TITLE

This By-law may be cited as the “Quarry By-law”.

INTERPRETATION

In this By-law:

“arrears”	means any monies owing to the Hamlet by the applicant(s) or permittee(s) for land rental or municipal services, which includes garbage collection and water/sewer accounts.
“council”	means the council of the Municipal Corporation of the Hamlet of Resolute Bay.
“crushed material”	means crushed stone or rocks, excluding minerals and carving stone, that was broken down to the desired size using a crusher machine.
“Hamlet”	means The Municipal Corporation of the Hamlet of Resolute Bay.
“individual”	means a human being.
“non-profit society”	means a club, society or association operated solely for social welfare, civic improvement, pleasure or recreation, or any other purpose except profit and complies, and is in good standing with, the Societies Act.
“other material”	means all other types of granular material other than crushed material or unprocessed material, but does not include minerals or carving stone.
“permittee”	means a person who is given a permit or other official authorization to do something.
“quarry”	means a quarry as defined in Subsection 53.8.(1) of the Hamlet’s Act as may be amended from time to time.
“quarry material”	means all granular material defined in crushed material, other material, and unprocessed material.
“quarry permit”	means a permit issued by the Hamlet to a permittee for quarrying and removal of a specific quantity of quarry material within a specified time.
“rates”	means charges for services or material provided as set out in Appendix A.
“religious organization”	means an organization or entity that manages the upkeep of places of worship, such as mosques, churches, temples, synagogues, chapels and other similar places, and payment of salaries to religious leaders.
“SAO”	means the Senior Administrative Officer of the Hamlet, their appointed officer, or such other individual as appointed under the Hamlets Act.
“unprocessed material”	means any aggregate material the Hamlet has not excavated, screened, processed, crushed, or stockpiled, but does not include minerals or carving stone.

GENERAL PROVISIONS

No quarry material shall be removed from a quarry without the consent of the Hamlet through the issuance of a quarry permit.

Land leases granting exclusive rights to a quarry shall not be permitted.

Any individual may take, with written consent from the Hamlet and without a quarrying permit or payment of any fees or rates, not more than fifteen (15) cubic metres of unprocessed or other material in any given year from any quarry for their own use but not for barter or sale.

Stockpiling of quarry material within quarry sites not exceeding five (5) metres in height and located on the quarry floor shall be encouraged provided the stockpiling does not impede quarry operations or cause adverse environmental impacts. Stockpiling within quarry sites will be at the owner’s risk.

If applicable, the permittee shall adhere to the Hamlet’s dust management and spill contingency plans for quarries, which can be provided to the permittee upon request.

QUARRY INVENTORY

The Hamlet shall maintain an inventory of all quarries within the municipal boundary, which shall contain following information:
1. The quarry description and location;
2. If applicable, if a Quarry Administration Agreement is in place for that quarry;
3. If the quarry is approved by the Nunavut Planning Commission, and if applicable, the Nunavut Impact Review Board;
4. The estimated quantity and type of quarry material in the quarry;
5. The total amount of quarry material removed or excavated from the quarry, including the amount removed for Hamlet purpose, such as road maintenance;
6. The number of active quarry permits for that quarry.

QUARRY PERMITS

Upon signing a Quarry Administration Agreement with the Commissioner of Nunavut, or upon a quarry being surveyed and the Hamlet established as the fee simple title owner of the land, the Hamlet may issue quarry permits for the use of a quarry.

Applications for quarry permits shall be in the form set out in Appendix B. Council, SAO, or their appointed officer, may approve the application, subject to the following:
1. The application is completed in its entirety by the applicant;
2. Unless a waiver is given by council or the SAO, the applicant pays all arrears owing to the Hamlet for any lots or land they lease from the Hamlet;
3. The applicant pays the application fee set out in Appendix A; and
4. The applicant provides council or the SAO, any other relevant information that is requested.

Quarry permits shall be in the form set out in Appendix C. Council, in their discretion, may modify a quarry permit terms or conditions as circumstance dictates.

Quarry permits expire when the quantity of quarry material specified in the permit has been quarried, removed, or stockpiled, or on the day specified in the permit, whichever occurs first.

The term for quarry permits shall be one (1) year, unless otherwise determined by council or the SAO.

Quarry permits shall contain a provision stating the permittee shall provide to the Hamlet, at least forty-eight (48) hours’ notice, prior to the commencement of the quarry operation, the following information:
1. Person(s) in charge of the field operation to whom notices, order, and reports may be served;
2. The estimated amount of quarry material being extracted that day or days in cubic metres;
3. The estimated time to complete the extraction of quarry material;
4. If applicable, the stockpiling location of the quarry material.

Quarry permits do not grant the permittee any exclusive right or leasehold interest in the quarry.

Quarry permits are not transferable and any transfer of it is of no effect.

QUARRY RATES AND FEES

The rates and fees charged for quarry material are set out in Appendix A, and shall be based upon the cost of development, operation, maintenance, legal surveying, administration, and restoration of quarries.

All charges for quarry material are due and payable no later than thirty (30) days after the commencement date of the quarry permit.

All rates are subject to applicable federal and territorial taxes.

The Hamlet is exempt from paying the rates and fees set out in Appendix A.

Council may waive the rates and fees set out in Appendix A for a non-profit society or a religious organization, provided the quarry material is being used in the best interest of the public.

If the Hamlet, who has a Quarry Administration Agreement with the Commissioner of Nunavut, wishes to charge additional rates and fees from the fees set out in the Commissioner Land Regulations, the Hamlet shall ensure those additional rates and fees comply with the Commissioner’s Land Regulations, as amended from time to time.

REFUNDS

The Hamlet may issue a refund for a portion of the quarry permit payments, excluding application fees, if;
1. The permittee is in compliance with the terms and conditions of the quarry permit;
2. The permittee has no arrears owing to the Hamlet for any lots or land they lease from the Hamlet; and
3. The permittee did not extract or remove the total amount of quarry material stated in the quarry permit.

QUARRY REVENUES

All revenue collected from quarry permits, excluding royalties if applicable, shall be placed into a separate financial account, and shall be used for the sole purpose of quarry development, operation, maintenance, administration, and restoration.

BY-LAW ADMINISTRATION

Council, by resolution, may make changes to the Appendices without amending this By-law, provided that the changes do not contravene the intent of this By-law.

Council authorizes the SAO or their appointed officer to approve or reject quarry permit applications provided the application follows the provisions of this By-law and any other relevant Hamlet By-law.

The SAO or their appointed officer shall report to council, as soon as reasonably possible, any applications that were approved or rejected and the reason for the decision.

Council reserves the right to overrule any decision made by the SAO or their appointed officer related to the provisions of this By-law.

APPENDICES

The following appendices shall form part of this By-law:

Appendix A Quarry Rates and Fees

Appendix B Quarry Permit Application Form

Appendix C Quarry Permit Template

Read a first time this ____ day of ______________________________________, 2024.

_____________________________ _______________________________

Mayor Senior Administrative Officer

Read a second time this ____ day of ____________________________________, 2024.

_____________________________ _______________________________

Mayor Senior Administrative Officer

Read a third time and passed this ____ day of _____________________________, 2024.

_____________________________ _______________________________

Mayor Senior Administrative Officer

APPENDIX A - QUARRY RATES AND FEES

HAMLET OF RESOLUTE BAY BY-LAW XXX

APPLICATION FEE:

Quarry Permit Application Fee: $50

QUARRY MATERIAL RATES:

Quarry Development:
Restoration Fee:

Road Maintenance Fee:

Quarry Administration Fee:

$0.25 per cubic metre

$0.50 per cubic metre for pit-run

$0.50 per cubic metre for screened or unscreened material

$0.50 per cubic metre

APPENDIX B - QUARRY PERMIT APPLICATION FORM

HAMLET OF RESOLUTE BAY BY-LAW XXX

A blue and red circle with a globe and text

Description automatically generated

Quarry Permit Application

By submitting a quarry permit application, you are applying to remove granular material from a Hamlet of Resolute Bay quarry or a quarry that operates under a Quarry Administration Agreement, pursuant to the Quarry By-law and/or Quarry Administration Agreement. Note: Quarry permit applications may be subject to review and/or screening by the Nunavut Planning Commission and/or the Nunavut Impact Review Board.

Applicant Information

Legal Name (Applicant Name/Company Name)

Mailing Address

Contact Name

Phone Number

Description of Lands

Location or Legal Description of Proposed Quarry Activities

Sketch Plan

Please attach a sketch plan to this application form that shows the following details:

GPS coordinates

Boundary of the proposed quarry activities on satellite imagery

Dimensions and total area in square metres of the quarry area

Is any part of the land occupied? If so, by whom and for what purpose?

Proposed Quarry Activities

Amount of Material Requested (cubic metres)

Type of Material Requested

Proposed Use of Material (e.g., gravel pad)

Proposed Operating Dates
Start Date: __________________________			End Date: __________________________
Will the applicant haul material from the quarry?
☐ Yes	☐ No	If no, name of the contractor: __________________________

Fee Calculator

Fee Type	Rate	Fees for Amount of Material Requested
Permit Fee	$150	$_______________
Crushed Material	$______/ m3	$_______________
Pit-run material	$______/ m3	$_______________
Screened or unscreened material	$______/ m3	$_______________
Unprocessed material	$______/ m3	$_______________
	TOTAL	$_______________

Applicant Signature

I, _______________________________________________, certify that the information provided in this form is true and correct.

______________________________

Signature

___________________________________

Date

APPENDIX C - QUARRY PERMIT TEMPLATE

HAMLET OF RESOLUTE BAY BY-LAW XXX

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Description automatically generated

Quarry Permit

Quarry Permit #

THE MUNICIPAL CORPORATION OF THE HAMLET OF RESOLUTE BAY (Hereafter called the “Hamlet”), being or entitled to be registered owner of an estate in fee simple, or been issued Quarry Administration Agreement from the Commissioner of Nunavut, of and in the following lands:

(LEGAL DESCRIPTION)

(hereafter called the “Land”)

Authorizes (PERMITTEE NAME) (Hereafter called the “Permittee”) to excavate (GRAVEL AMOUNT) cubic metres of (TYPE OF AGGREGATE) from the Land, subject to any implied covenants and powers and following terms and conditions, and any terms, conditions or reservations provided or implied by law.

This permit commences at 12:00AM the 1st day of (MONTH,YEAR) and ends at 11:59 the 30th day of (MONTH,YEAR) or when the quantity of material specified in this permit has been excavated or removed, whichever is sooner.

The Permittee shall pay the Hamlet in full (GRAVEL COST) for the quarry material, plus a non-refundable permit fee of (FEE AMOUNT) within thirty (30) days from date of commencement of this permit.

Permittee(s) address:

(ADDRESS)

Hamlet’s address:
Hamlet of Resolute Bay
P.O. Box 60
Resolute Bay, Nunavut
X0A 0V0
ATTN: Senior Administrative Officer

Dated at the Hamlet of Resolute Bay in Nunavut this ____day of _____________________________,202_.

THE MUNICIPAL CORPORATION OF THE HAMLET OF RESOLUTE BAY

Per:_____________________________________________
Senior Administrative Officer

CONDITIONS ANNEXED TO AND FORMING PART OF

QUARRY PERMIT NO: ______________

GENERAL

The Permittee shall always have a copy of this permit on the site of operation.
This permit does not grant to the Permittee any exclusive right or leasehold interest in the Land.
This permit is not assignable and any assignment of it is of no effect.
All quarrying under this permit shall be carried out in accordance with the MINE HEALTH AND SAFETY ACT, where that Act applies.
Refunds for quarry permit payments are subject to the Hamlet’s Quarry By-law, as amended.

LOCATION AND AREA

The Permittee shall only conduct quarry operations within the Land, unless otherwise approved in writing by the Hamlet.

PAYMENT

The Permittee shall not commence quarry operations on the Land until the Hamlet has been paid in full for the quarry material.

NOTICE AND INFORMATION REQUIREMENTS

The Permittee shall provide to the Hamlet at least forty‑eight (48) hours prior to commencement of the quarry operation the following information:
1. Person(s) in charge of the field operations to whom notices, order and reports may be served;
2. The estimated amount of quarry material being extracted that day or days in cubic meters;
3. The estimated timeline to complete extraction of the quarry material;
4. If applicable, the stockpiling location of the quarry material; or
5. Any other relevant information requested by the Hamlet.

METHODS AND TECHNIQUES

The Permittee shall slope the sides of excavations and embankments except in solid rock to 2:1 (two horizontal to one vertical) unless approved in writing by a land use inspector.
If applicable, the Permittee shall conduct quarry operations in accordance with the Dust Management Plan established by the Hamlet. Copies of the Dust Management Plan can be provided upon request during regular business hours.
The Permittee may only excavate and stockpile in designated areas.
The Permittee shall adopt such measures as required to control erosion by surface disturbance.
The Permittee shall not move any equipment or vehicles unless the ground is in a state capable of fully supporting the equipment or vehicles without rutting or gouging.
The Permittee shall keep all garbage and debris in a covered container until disposed of in a designated solid waste site or facility.
The Permittee shall ensure that the quarry area is always kept clean and tidy.

WATERBODIES AND WILDLIFE

The Permittee shall not obstruct natural drainage to any part of the quarry operation or development including the access road and overburden stockpiles.
The Permittee shall not excavate or conduct quarry operations within thirty-one (31) meters (101.706 feet) from the ordinary high-water mark of any waterbody, unless authorized by the governing authority.
The construction or disturbance of any stream/lakebed or banks of any definable watercourse are not permitted unless authorized by the governing authority.
The Permittee shall not deposit or permit the deposit of sediment into any water body.
The Permittee shall not remove any material from below the ordinary high-water mark of any stream and/or water body.
The Permittee shall not conduct quarrying operations that would result in the harmful alteration, disruption, or destruction of fish habitats, as outlined in Section 35 of the Fisheries Act. No construction of disturbance of any stream, lakebed, banks, or waterbodies is permitted unless authorized by the Department of Fisheries and Oceans.
The Permittee shall ensure compliance with Section 36 of the Fisheries Act which requires that no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance may enter such a waterbody.
The Permittee shall not obstruct the movement of fish while conducting the quarry operation.
The Permittee shall ensure that there is no damage to wildlife habitats during the quarry operation.
The Permittee shall maintain a two-hundred fifty (250) meter (820.21 feet) buffer between quarry operations and any known environmentally sensitive areas (denning, nesting, etc.).
The Permittee shall make all efforts to minimize harassment to wildlife during quarry operations.

FUELS, CHEMICALS, OR TOXIC MATERIAL

The Permittee shall ensure that any chemicals, fuels, or wastes associated with the project do not spread to the surrounding lands or enter any water body.
The Permittee shall not place any petroleum fuel storage or chemical containers within thirty-one (31) meters (101.706 feet) of the ordinary high-water mark of any water body.
The Permittee shall monitor all connections between fueling vehicles and fuel source during fueling to ensure there is no overflow and spillage.
The Permittee shall report in writing to the Hamlet, the location and quantity of all petroleum fuel caches ten (10) days prior to the establishment of any such caches.
The Permittee shall seal all container outlets except the outlet currently in use.
The Permittee shall mark all fuel containers with the Permittee's name.
If applicable, the Permittee shall follow the procedures outlined in the Hamlet Spill Contingency Plan. Copies of the Spill Contingency Plan can be provided upon request during regular business hours.

ARCHAEOLOGICAL OR PALAEONTOLOGICAL SITES

Where, during quarry operations, a suspected archaeological or paleontological site such as specimens, burial grounds, graves, fossils, or other similarly protected sites in the Nunavut Archaeological and Paleontological Sites Regulations and the Historical Resources Act is unearthed, discovered, or disturbed, the Permittee shall immediately:

Suspend all activity impacting the site in question;
Notify the Department of Culture and Heritage by telephone at (867) 975-5500 or (867) 934-2040 and provide all requested information; and
If applicable, follow the direction provided by the Department of Culture and Heritage in restoring the archaeological or paleontological site(s) to an acceptable condition.

If quarry operations are suspended due to the discovery of an archaeological or paleontological site, the Permittee shall not be permitted to resume quarry operations unless authorized by the Department of Culture and Heritage.
The Permittee shall not operate any vehicle over a known or suspected archaeological or paleontological site.
The Permittee shall not remove, disturb, or displace any archaeological or paleontological site, or any fossil or paleontological site.
The Permittee shall make reasonable efforts to ensure all persons working under the Permittees authority are aware of any conditions concerning archaeological sites and artifacts and paleontological sites and fossils.
If a list of recorded archaeological and/or paleontological sites is provided to the Permittee by the Department of Culture and Heritage, or the Hamlet, the Permittee shall avoid the archaeological and/or paleontological sites listed.
The Hamlet shall not be responsible for a loss in revenue because of the suspension of activity imposed on the Permittee due to the discovery of an archaeological or paleontological site.

WASTE AND RECLAMATION

The Permittee shall inform the Hamlet at least ten (10) days prior to the completion of the quarry operation of:
1. the plan for removal of equipment and materials; and
2. when final clean‑up and restoration of the land will be completed.

The Permittee shall remove all scrap metal, discarded machinery parts, barrels and kegs, buildings, building materials, fuel, and equipment upon completion of the quarry operation or on the expiry date of this permit.
The Permittee shall remove all garbage and debris produced from the quarry operation area and discard them into a designed waste disposal site.
The Permittee shall complete all clean‑up and restoration of the lands affected by this quarry operation shortly thereafter of the operation or on the expiry date of this permit.
The obligation of the Permittee with respect to clean‑up and restoration of the area of quarrying does not cease until the Permittee is in possession of a letter of clearance or an electronic transmittal confirming satisfactory clean-up and restoration, from the Hamlet.

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