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Grit, Gravel and Quarrying

In Peachland (District) v. Peachland Self Storage Ltd., 2013 BCCA 273, the British Columbia Court of Appeal dealt directly with the nature and purpose of the Ministerial approval requirement in Section 9 of the Community Charter relating to the approval of bylaws prohibiting soil removal. Under the Community Charter, a municipality can “regulate” soil removal but it cannot “prohibit” soil removal without approval of the Minister of Mines.

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