TOWN OF VIEW ROYAL 
 
SOIL DEPOSIT/REMOVAL BYLAW NO. 869 
 
CONSOLIDATED FOR CONVENIENCE 
 
(Amendment Bylaw No. 915) 
 
 
A BYLAW TO REGULATE THE DEPOSIT AND REMOVAL OF SOIL FROM LANDS WITHIN 
THE TOWN OF VIEW ROYAL 
 
 
The Council of the Town of View Royal, in open meeting assembled, enacts as follows: 
 
Citation 
 
1. 
This Bylaw may be cited for all purposes as "Soil Deposit/Removal Bylaw, No. 869, 2013”. 
 
Repeal and Consequential Amendments 
 
2. 
 
(a) 
Section 62 of the Town of View Royal Land Use Bylaw 1990 No. 35: “Soil Deposit 
and Removal Requirements” and Schedule 15 to that Bylaw are repealed. 
(b) 
Schedule 13 to the Town of View Royal Land Use Bylaw 1990 No. 35 is amended 
by deleting Section 12. 
Definitions 
 
3. 
In this bylaw, 
 
“Aquifer” means a water-bearing stratum of rock, sand or gravel. 
 
"Buffer Zone" means an area of land between the boundaries of a parcel and a Soil 
Removal or Deposit Area. 
 
"Town" means the Town of View Royal. 
 
"Town Staff" means the Chief Administrative Officer or any staff designated by him or her to 
administer this Bylaw.  
 
"Permit" means a permit authorizing the removal or deposit of Soil under this bylaw. 
 
“Permit Holder” means a person to whom a Permit is issued under this Bylaw and includes 
a person to whom a Permit is transferred with the approval of the Town Staff. 
 
“Holiday” means all civic holidays. 
 
"Removal or Deposit Fee" means the fee payable to the Town by a Permit holder for the 
removal or deposit of Soil pursuant to this bylaw. 
 
"Security" means cash, a certified cheque or an automatically renewing, irrevocable and 
unconditional letter of credit issued by a chartered bank or a credit union having a place of 
business in View Royal. 

 
"Soil" means soil, sand, gravel, rock, silt, clay, peat or any other substance of which land is 
composed, or any combination of them, whether or not it is in or put in a stockpile or 
storage facility, and does not include any compost or biosolids placed on land as a soil 
amendment or conditioner. 
 
"Soil Removal or Deposit Area" means the specific area of a parcel of land on which soil 
may be deposited or from which soil may be removed, indicated as such in a Permit issued 
under this bylaw. 
 
Requirement for Soil Removal and Deposit Permit 
 
4. 
Subject to the other terms of this bylaw, no person shall remove, deposit, or cause to be 
removed or deposited any Soil from or on any land in the Town unless the person: 
 
(a) 
has applied for and been issued a Permit for such removal or deposit and carries 
out the removal or deposit in accordance with this bylaw and the terms and 
conditions set out in the Permit; or 
(b) 
meets one or more of the Permit Exemptions listed in Section 5. 
 
Permit Exemptions 
 
5. 
No Permit is required pursuant to this bylaw for the removal or deposit of Soil in any part of 
the Town where the removal or deposit of Soil: 
 
(a) 
totals less than 20 cubic metres from or on a parcel of land over a period of 12 
consecutive months, provided that any deposit of Soil does not exceed 200mm in 
depth from the finished grade prior to the deposit; 
(b) 
is necessary to construct buildings or structures authorized by a building permit 
issued by the Town or to undertake maintenance of an existing driveway that does 
not involve grade alterations;  
(c) 
is carried out by or on behalf of the Town; 
(d) 
involves only the relocation of Soil within the boundaries of the parcel from which it 
originates, provided that the removal or deposit meets the conditions in Section 11; 
(e) 
is required as part of a Soil remediation process approved under provincial or 
federal regulation; 
(f) 
is required for the construction or repair of works, roads, highways or services by or 
on behalf of the Town, the Capital Regional District, or provincial or federal 
government agencies; 
(g) 
is the deposit or removal of wood waste on or from land on which it has been 
lawfully produced; or 
(h) 
is on land used for commercial landscape supply, horticultural use or as a nursery 
and such deposit or removal is undertaken as part of the commercial operation. 
 
Permit Application 
 
6. 
An application for a Permit shall: 
 

(a) 
be made in the form prescribed by the Chief Administrative Officer or his/her 
delegate; 
(b) 
contain all of the information regarding the proposed Soil removal or deposit activity 
as required within the form, except to the extent that Town Staff have advised the 
applicant in writing that the information is not required in view of the scale or location 
of the proposed activity; and 
(c) 
be accompanied by a non-refundable Permit application fee specified in Schedule 
B. 
 
7. 
An application that does not contain the required information shall be considered 
incomplete, and the Town Staff or Council shall be under no obligation to consider the 
application. 
 
Soil Deposit/Removal Activities Requiring Permits 
 
8. 
Medium Deposit/Removal Activities 
 
Every application for a Permit for between 20 and 500 cubic meters of Soil within a period 
of 12 consecutive months shall be considered by Staff and shall contain information 
regarding the proposed Soil Removal or Deposit Area as per the application form described 
in Section 6, except to the extent that the Town Staff determines that the information is not 
reasonably necessary in view of the scale or location of the proposed Soil removal or 
deposit: 
 
9. 
Large Deposit/Removal Activities 
 
All applications for the deposit or removal of more than 500 cubic meters of Soil within a 
period of 12 consecutive months shall provide the information required by Section 8, and 
the application shall be considered by Council.  
 
Permit Issuance Conditions 
 
10. 
The Town Staff or Council may impose on a Permit any conditions that relate to matters 
listed in an application form as per Section 6, including any requirement to provide a 
certification described in Section 15, and the Permit holder shall strictly comply with those 
conditions. 
 
11. 
The Town Staff or Council shall not issue a permit to an applicant if the proposed removal 
or deposit of Soil would: 
 
(a) obstruct, divert, impede the flow of, damage or destroy any watercourse, ditch, drain, 
sewer or water utility, or domestic water well; 
(b) interfere with the operation of any utilities, works or services, structures, buildings or 
improvements on the lands on which soil is to be deposited or from which soil is to be 
removed, or adjacent lands; 
(c) contravene any bylaw of the Town; 
(d) result in Soil on the lands or on adjacent lands becoming, in the opinion of a 
Professional Engineer or Geoscientist, susceptible to erosion, slippage, landslides, 
slumping or settling; 
(e) occur on a Sunday or a Holiday;  

(f) occur outside the hours between 7am and 6pm; 
(g) be likely to result in the escape of dust, dirt, or noise from the lands on which the 
activity is occurring to adjacent parcels or highways, to an extent that can reasonably 
be considered to interfere with such uses of the parcels as are permitted by the 
Zoning Bylaw or with the use of the highways for highway purposes; or 
(h) result in the growth of invasive plant species on the lands that are subject to the 
Permit as a consequence of the presence of seeds, roots, cuttings or other plant 
fragments in soil or other material deposited on the lands. 
12. 
Subsections 11(a) through 11(h) constitute offences under this bylaw. 
13. 
The Town Staff may require the applicant for a permit to engage a Professional Engineer or 
Geoscientist, at the applicant’s expense, to prepare an opinion for the purposes of 
subsections 11(a) and 11(d).  
 
Form of Permit 
 
14. 
Permits shall be issued in the form prescribed by the Chief Administrative Officer or his/her 
delegate. 
 
15. 
If required under the terms of the Permit, upon completion of the Soil removal and deposit  
authorized  by  a  Permit,  the  Permit  holder  shall  deliver  to  the  Town Staff  a certificate 
from a Professional Engineer or other consultant or person specified by the Town Staff 
stating that all Soil removed or deposited was removed or deposited in substantial 
compliance with the requirements of the Permit and good environmental and Engineering 
practices. 
 
Security 
 
16. 
Prior to the issuance of a Permit, the applicant for the Permit shall deposit with the Town 
Staff Security in the amount of $2,000.00 for each 0.5 ha, or part thereof, of the area from 
which soil is to be removed or on which soil is to be deposited. The maximum amount of 
security to be taken shall be $10,000.00. 
 
Renewal of Security 
 
17. 
The holder of the Permit shall renew the Security, in the event it has been provided by 
certified cheque, by providing a new certified cheque at least two weeks prior to the 
passage of one year from the date the last certified cheque was deposited.  In the event the 
Security is not so renewed, the Town may, without notice to the Permit holder, cash the 
certified cheque previously provided and hold the cash as the Security, without any 
obligation to pay interest. 
 
Compliance and Use of Security 
 
18. 
If at any time the Permit holder fails or refuses to comply with any condition or obligation 
under this bylaw or the Permit or any direction given by the Town Staff pursuant to this 
bylaw then the Town may, at its discretion, enter on the land that is the subject of the 
Permit, carry out the work at the cost of the owner, and deduct from the Security the cost 
incurred by the Town as a result of the failure or refusal or recover the cost from the owner 
as a debt or, where Section 258 of the Community Charter applies, in the same manner 
and with the same remedies as property taxes. 
 
 

 
Replenishment of Security 
 
19. 
In the event that the Town uses all or part of the Security, the Permit holder shall forthwith 
deposit new Security on the terms set out above, so that the amount of Security held by the 
Town is the full amount required by this bylaw. The Permit shall be considered to have 
been revoked unless the Security is maintained in the full amount required by the bylaw.  
 
Return of Security 
 
20. 
When  the  Permit  holder  completes  all  reclamation  and  other  work  and  conditions 
required by the Permit to the satisfaction of the Town Staff and the Permit holder has paid 
to the Town all fees payable under this bylaw, the Town shall return the Security, or 
whatever amount of it remains, to the Permit holder who provided the Security. 
 
Quantity Reports  
 
21. 
The Permit holder shall, in the case of removal or deposit of Soil for which a fee is payable: 
 
(a) 
submit to the Town Staff, in the form described within Section 6, a monthly report 
prior to the end of each month documenting the volume of Soil removed or 
deposited during the preceding month; 
(b) 
maintain accurate and up-to-date records of all Soil removed and deposited and 
make these records available for inspection by the Town Staff on request; and 
(c) 
submit to the Town Staff an annual declaration, in the form described in Section 6, 
by December 31 of each year, certified by a Professional Engineer, detailing all 
quantities of Soil removed and deposited in the preceding calendar year, whether or 
not reported under clause (a), and signed by the Permit holder indicating 
compliance with the provisions of this bylaw and the Permit. 
 
Soil Removal or Deposit Fee 
 
22. 
The Permit holder shall pay to the Town at the time of submitting the monthly report 
described in Section 21 the Soil Removal or Deposit Fee specified in Schedule B of this 
bylaw, in respect of each cubic meter of Soil removed or deposited. 
 
Timing of Payment  
 
23. 
The Town may recover unpaid Soil Removal or Deposit Fees from any Security provided by 
the Permit holder and Section 18 shall apply. 
 
Conversion Chart 
 
24. 
Where Soil is quantified in terms of tonnes, cubic yards, or both, the conversion chart 
contained in Schedule A of this bylaw applies for the purpose of the calculation of Removal 
or Deposit Fees. 
 
Repair of Damage 
 
25. 
All damage to Town drainage facilities, roads, lanes, or other Town property resulting from 
the removal or deposit of Soil shall be repaired immediately by the Permit holder. 
 

26. 
In the event that the Town Staff determines that the transport of Soil on a Town highway is 
causing damage to the highway beyond what is reasonable and ordinary in view of the 
nature or existing condition of the highway, the Town Staff may, by providing written notice 
to the person transporting Soil and by posting appropriate highway signage, prohibit such 
traffic on the highway, and the Town may, but is not obliged to, enter into an agreement 
with any person wishing to transport Soil on the highway despite the prohibition. The 
Council delegates to the Town Staff the authority to determine the amount of compensation 
that is reasonable for the damage to the highway and the resulting expense to the Town, for 
inclusion in an agreement under Section 37 of the Community Charter, and to execute such 
agreements on behalf of the Town. Notice may be provided under this section  by  serving  
a  copy  on  the  holder  of  the  business  licence for  the  transport business, on the holder 
of the Permit authorizing the deposit or removal of the Soil, on the owner of the land to or 
from which Soil is being transported, or on any person operating a vehicle transporting the 
Soil. Nothing in this section applies to the transport of Soil on an arterial highway. 
 
Cleanliness 
 
27. 
No person shall deposit or cause or permit to be deposited soil upon a highway. 
 
28. 
All vehicles used to transport soil over highways shall be cleaned of soil on the wheels, tires 
and chassis before leaving the Soil Deposit/Removal Area such that soil is not deposited on 
any highway. 
 
29. 
Soil deposited on a highway shall be removed immediately. 
 
Buffer Zone 
 
30. 
A Buffer Zone of the lesser of seven metres and the applicable building setback in the Land 
Use Bylaw shall be maintained at all times around each Soil Deposit or Removal Area. This 
provision does not apply with respect to deposits or removals necessary for an approved 
driveway connection to a road. 
 
Stockpiling 
 
31. 
The Permit holder shall confine stockpiles of Soil to the Soil Removal or Deposit Area to 
which the Permit relates and shall maintain them so that: 
 
(a) erosion and instability are prevented; and 
(b) they do not adversely affect or damage adjacent properties or Buffer Zones. 
 
No Encroachment 
 
32. 
The Permit holder shall ensure that the operation by which Soil is removed or deposited 
does not encroach upon, undermine, or physically damage any adjacent property. 
 
Safety 
 
33. 
Any ponding which forms within the Soil Deposit and Removal Area shall be covered or 
appropriately fenced at locations where the public has access. 
 
 
 
 

Reclamation 
 
34. 
At the expiry or revocation of a Permit, the permit holder shall complete such grading 
and other reclamation activities as are specified in the Permit. 
 
Revocation of Permit 
 
35. 
 
(a) 
If the Permit Holder is in breach of any provisions of this Bylaw or the Permit Town 
Staff may issue and post a Stop Work Order until such time as the breach has been 
rectified. 
(b) 
Where a Stop Work Order has been posted on a property, the Permit holder and 
every other person shall cease all Soil removal or deposit activities on that property 
immediately and shall not undertake any Soil removal or deposit activities on that 
property until all applicable provisions of this Bylaw have been substantially 
complied with and the Stop Work notice has been rescinded in writing by the Town 
Staff. 
(c) 
Notwithstanding Sections 35(a) and 35(b) the Permit holder shall correct any 
deficiencies to the satisfaction of the municipality. The municipality may require an 
updated  Quantity Report as per Section 21 as a result of any actions described in 
Sections 35(a) and 35(b).  
 
36. 
If the Permit holder fails to comply with any requirement of this bylaw, a Stop Work Order or 
any requirement or condition of the Permit, the Town Staff may revoke the Permit by written 
notice to the Permit holder. Notice to the Permit holder is sufficient if a letter is mailed or 
delivered to the address of the Permit holder as shown on the Permit. 
 
Permit Renewal 
 
37. 
If a Permit holder applies for a renewal of a Permit, the Town Staff shall issue the renewal 
if: 
 
(a)       all applicable drawings and specifications for the Soil Removal or Deposit Area are 
updated as necessary to identify any material changes to site conditions and to 
demonstrate compliance with this Bylaw and the conditions of the Permit; and  
(b)        the Permit holder has provided to the Town any additional security required under 
Section 16 in relation to any such material changes.  
 
Transfer of Permit 
 
38. 
If the land to which a Permit relates is sold such that the Permit holder is no longer the 
owner of the land or the Permit holder no longer has the right to use the land for removal or 
deposit of Soil; the Permit shall remain valid only if it is transferred in accordance with 
Sections 38 to 42.  
 
39. 
The Town Staff may approve a transfer of a Permit by the Permit holder to another person 
who otherwise has the right to remove or deposit the Soil to which the Permit relates. 
 
40. 
All applications for Permit transfers must be in writing and accompanied by a non-
refundable transfer fee as specified in the Town’s Fees and Charges Bylaw and evidence 

satisfactory to the Town staff that the proposed transferee has the right to remove or 
deposit the Soil to which the Permit relates. 
 
41. 
The Town Staff may refuse to approve a Permit transfer if the Permit Holder does not 
provide evidence satisfactory to the Town Staff that any Soil removal or deposit that has 
occurred pursuant to the Permit is in compliance with the provisions of this bylaw and the 
Permit. 
 
42. 
The person to whom a Permit is being transferred must provide the Security required by 
Section 16 prior to the approval of the transfer, and upon received such replacement 
Security the Town shall return the existing Security to the original Permit holder. 
 
Term of Permit 
 
43. 
A Permit shall remain valid until the earliest of: 
 
(a) 
the date of completion of the Soil removal or deposit authorized by the Permit; 
(b) 
the expiry date specified in the Permit, which shall not be more than 12 months from 
the date of issuance of the Permit; and 
(c) 
the date of revocation of the Permit under this bylaw. 
 
Severability 
 
44. 
If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to 
be invalid by a decision of any court of competent jurisdiction, such decision shall not affect 
the validity of the remaining sections, subsections, sentences, clauses or phrases of this 
bylaw. 
 
Appendices 
 
45. 
The Schedules attached to this bylaw form a part of this bylaw. 
 
Contraventions 
 
46. 
Every person who violates, contravenes, or commits any breach of a provision of this 
bylaw, including a contravention of a Permit, shall be guilty of an offence punishable on 
summary conviction pursuant to the Offence Act, and shall be liable to pay a maximum fine 
as specified in the Town’s Municipal Ticket Information Bylaw and each day of any 
violation, contravention or breach of this bylaw shall be deemed to be a separate and 
distinct offence. 
 
Headings 
 
47. 
The headings to the provisions of this bylaw are inserted for convenience of reference only 
and shall neither form part of nor affect the interpretation of this bylaw. 
 
List of Schedules 
 
48. 
 
(a) Schedule A – Conversion Chart 
(b) Schedule B – Fees 
 

 
 
 
READ A FIRST TIME THIS 15th DAY OF OCTOBER, 2013  
 
 
READ A SECOND TIME THIS 15th DAY OF OCTOBER, 2013 
 
READ A THIRD TIME THIS 15th DAY OF OCTOBER, 2013 
THIRD READING RESCINDED THIS 4th DAY OF FEBRUARY, 2014 
READ A THIRD TIME THIS 18th DAY OF MARCH, 2014 
 
ADOPTED  THIS 20th DAY OF MAY, 2014 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAYOR 
 
 
CORPORATE OFFICER 

 
SCHEDULE A 
CONVERSION CHART 
 
BANK DEPOSIT 
 
1 Cubic Meter 
1 Cubic Meter 
1 Cubic Meter 
STOCK PILE DEPOSIT 
 
1.18 Cubic Meters 
1.54 Cubic Yards 
2.17 Metric Tonnes 
STOCK PILE DEPOSIT 
 
1 Metric Tonne 
1 Cubic Yard 
1 Cubic Meter 
BANK DEPOSIT 
 
0.462 Cubic Meter 
0.650 Cubic Meter 
0.850 Cubic Meter 
 
 
SCHEDULE B 
FEES 
 
Medium Activity (50-500m3) 
Application  
$50.00 
Large Activity (over 500m3) 
Application 
$500.00 
Material Fee 
$0.50/m3 over 500m3