NOTICE OF PUBLIC HEARING
VILLAGE OF RYLEY (the “Municipality”) IN THE PROVINCE OF ALBERTA
PROPOSED RESOLUTION REGARDING BEAVER MUNICIPAL SERVICES (BMS):
- That the Village of Ryley has considered on May 5, 2020 the business plan adopted by Beaver Municipal Services (the “Business Plan”) and has approved the contents of it, in consideration of the decision in order to cause a corporation, to be called “Claystone Waste Ltd.”, (the “General Partner Corporation”) to be incorporated pursuant to the Business Corporations Act, which General Partner Corporation will act as the corporate entity to operate the registry office, and
- That the Village of Ryley provides its notice of intention to hold a public hearing on Tuesday 16 June 2020, as required by Sections 75.1, 75.5, 230 and 606 of the Municipal Government Act and Section 3 of the Municipally Controlled Corporation Regulation, prior to causing the General Partner Corporation to be incorporated.
To be held June 16, 2020 at 7:00 pm in Ryley, Alberta
PURSUANT to sections 75.1, 75.5, 230 and 606 of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended and Section 3 of the Municipally Controlled Corporation Regulation, A.R. 112/2019, the Council of the Municipality, in the Province of Alberta hereby gives notice of its intention to incorporate and control a corporation pursuant to the Business Corporations Act.
THE PURPOSE of the proposed Resolution is:
- Beaver County, Town of Tofield, Town of Viking, Village of Ryley and Village of Holden are the sole members of the Beaver Regional Waste Management Services Commission also known as “Beaver Municipal Solutions”, (the “Commission”);
- The Commission and the five municipal members, including the Municipality, wish to corporately reorganize the Commission, by transferring operations over to the proposed Claystone Waste Limited Partnership (the “New Waste Provider”), with these five municipalities being the sole partners in the New Waste Provider;
- As the New Waste Provider is a limited partnership, a new municipally controlled corporation shall be created pursuant to the Business Corporations Act (“BCA”) to act as the General Partner of the New Waste Provider, to be called Claystone Waste Ltd. (the “MCC”). The same five municipalities will also be the only shareholders of the MCC;
- The Municipality wishes to be a shareholder and jointly create and control the MCC under the BCA;
- Pursuant to both the terms of Division 9 of Part 3 of the Municipal Government Act (the “MGA”) and the Municipally Controlled Corporation Regulation (the “MCC Reg”), a municipality may only incorporate and control a corporation incorporated pursuant to the BCA if certain preliminary steps are taken, which include, but is not limited, to holding a public hearing as stated hereof;
- The Council of the Municipality wishes to comply with all obligations under the MGA and the MCC Reg to cause the MCC to be incorporated.
DURING THE COVID-19 PANDEMIC, the Government of Alberta has enacted the Meeting Procedures (COVID-19 Suppression) Regulation pursuant to Order in Council 099/2020 (the “COVID Regulation”) to permit for electronic hearings to be held instead of in person hearings, in light of the global COVID-19 pandemic;
THE FOLLOWING INFORMATION will be disclosed at the public hearing:
- the services the corporation and the New Waste Provider intends to provide;
- the names of the five municipalities who will be the shareholders of the MCC;
- the geographic locations in and outside Alberta in which the corporation intends to provide services;
- the projected rate structure for the cost of service; and
- the market impact analysis of the New Waste Provider’s provision of services.
TAKE NOTICE THAT due to the global COVID-19 pandemic, Council has elected to hold the public hearing via an electronic procedure. The following rules shall apply:
- Hearing Deliberation: The electronic public hearing will be structured such that all who choose to participate, shall have the right to hear all discussions and those who have pre-registered, can make oral submissions;
- Making Written Submissions: Written submissions will only be considered at the public hearing if they are emailed to info@Ryley.ca before the 15th day of June, 2020 at 3:00 pm. Any written submissions emailed or submitted after this date will not be considered;
- Pre-registration for speaking: Due to additional challenges imposed on conducting the hearing via electronic procedure (virtually), anyone who desires to make oral submissions at the hearing must pre-register via email to CAO@Ryley.ca no later than the 15th day of June, 2020 at 1:00 pm. Anyone who fails to pre-register prior to this deadline will not be permitted to speak.
- Speaking/procedure at hearing: We ask that:
- All attendees mute their microphones in the video conference so the hearing will not pick up any ambient or distracting sounds from your location;
- The only attendees who shall be permitted to provide oral submissions or speak at the hearing are:
- those who have either pre-registered with the Municipality to speak; or
- if the chair of the hearing has invited people to speak at the hearing.
- Improper Speaking/Disruption of hearing: In the event that someone speaks out of turn or is otherwise disruptive, the chair of the hearing reserves the right to remove that participant from the video conference meeting.
AND FURTHER TAKE NOTICE THAT in order to participate at the video conference meeting, the following options shall be the manner of accessing it:
- Participate through a Link in a Webpage: https://zoom.us/j/97548743791?pwd=TzBRUTNYUy9WT2VqaTd3TVpyTTFKQT09;
- Participate through the ZOOM Application: Prior to the video conference, download the app at https://zoom.us/download. When it’s time to join the video conference, enter Meeting ID 975 4874 3791 and Password 612200;
- Participate via Telephone (Audio Only): You may participate in the video conference by audio (no video) by joining via telephone at (778) 907-2071 and entering the Meeting ID and Password (same as above);
- Watch the Hearing via Facebook (Livestream): If you choose not to participate in the Video Conference, you may observe the hearing through internet livestream via the open Facebook Group – Village of Ryley.
AND FURTHER TAKE NOTICE THAT the materials to be discussed at the Public Hearing are accessible at the following link:
Additionally, pursuant to the COVID Regulation, anyone may instead request that these materials may be mailed, emailed or faxed to them. Please contact email@example.com to make this request.
DATED at the Village of Ryley in the Province of Alberta this 16th day of May, 2020.