Bill 23 — Fourth Session, 29Th Legislature, 67 Elizabeth Ii the Legislative Assembly of Alberta Bill 23 An Act To Renew Local Democracy In Alberta (Legislature 29, Session 4)

L29 S4 11768

Alberta — Bills

2018 Bill 23 Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23

AN ACT TO RENEW LOCAL DEMOCRACY IN ALBERTA THE MINISTER OF MUNICIPAL AFFAIRS First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 23 BILL 23 2018

AN ACT TO RENEW LOCAL DEMOCRACY IN ALBERTA ( A s s e n t e d t o , 2 0 1 8 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cL-21 1 The Local Authorities Election Act is amended by this Act. 2

Section 1 is amended (

a) by adding the follo wing after clause (e): (e.1) “candidate” means an individual who has been nominated to run for election in a local jurisdiction as a councillor or school board trustee; (

b) by adding the follo wing after clause (n): (n.1) “elector register” means the prescribed form on which the name of a person who has registered to vote is recorded; (

c) by adding the followi ng after clause (s): (s.1) “nomination day” means the day referred to in

section 25(1); (

d) by adding the following after clause (t.3):

1 Explanatory Notes Explanatory Notes 1 Amends

chapter L-21 of the Revised Statutes of Alberta 2000. 2

Section 1 presently reads in part: 1 In this Act, (x) “secretary” means a chie f administrative officer or designated officer of a municipality if the council has assigned the functions of the secretary under this Act to the designated officer, or a school secretary; (y) “seniors’ accommodation facility” means (

i) lodge accommodation as defined in the Alberta Housing Act, or (ii) a facility for seniors that provides accommodation at a location for 10 or more persons who are 65 years of age or older; (bb) “voting register” means the prescribed form on which is recorded the name of a person who has registered to vote;

2 (t.4) “registered charity” mean s a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada); (

e) in clause (

x) by striking out “a school secretary” and substituting “the secretary of a school board”; (

f) by repealing clause (y); (

g) by adding the following after clause (z.1): (z.2) “supportive living facility” means (

i) a lodge accommodation as defined in the Alberta Housing Act, or (ii) a facility for adults or se nior citizens that provides assisted living and accommodation but does not include a treatment centre; (z.3) “treatment centre” means (

i) a hospital or a facility under the Mental Health Act, or (ii) any facility not refe rred to in subclause (

i) providing medical treatment or care on an in-patient basis; (

h) by repealing clause (bb). 3

Section 2(4) is amended by striking out “or 118”.

2 Explanatory Notes 3

Section 2(4) presently reads:

(4) The elected authority that is responsible for the conduct of the election under an agreement referred to in subsection (2) has all the rights, powers and duties of the elected authorities that have entered into that agreement respecting the conduct of the election in the area to which the agreement applies, including the power to pass bylaws and resolutions but not the power to pass bylaws under

section 27 or 118.

3 4

Section 3(4) is amended by striking out “or 118”. 5

Section 8 is amended by adding the following after subsection (2):

(2.1) Parts 5.1 and 8 apply, with necessary modifications as determined by the relevant Minister, to a first election. 6

Section 12(

a) is amended by striking out “4 weeks after nomination day” and substituting “6 weeks after the day established by council for the receipt of nominations”.

3 Explanatory Notes 4

Section 3(4) presently reads:

(4) The elected authority that is responsible for the conduct of the election under an agreement referred to in subsection (1) has all the rights, powers and duties of the elected authorities that have entered into the agreement respecting the conduct of the election in the area to which the agreement applies, including the power to pass bylaws and resolutions but not the power to pass bylaws under

section 27 or 118. 5

Section 8 presently reads: 8(1) In a newly formed local jurisdiction, (

a) nominations, and (

b) the first election, if an election is required, shall be held on the dates fixed by the relevant Minister and the persons elected hold office from the beginning of the first organizational meeting of the elected authority to immediately before the beginning of the organizational meeting of the elected authority after the next general election.

(2) The relevant Minister shall provide for the conduct of a first election.

(3) Notwithstanding any other Act, if

an Act or an order under

an Act is passed to create a new municipality or a new district or division as defined in the School Act, the first election for the municipality, district or division may be held on a date prior to the date on which the Act or order comes into force.

(4) A person elected at an election referred to in subsection (3) shall not be sworn into office before the effective date of the formation of the municipality, district or division, as the case may be. 6

Section 12 presently reads in part: 12 The provisions of this Act that apply to municipalities apply to summer villages except that in respect of a summer village

4 7

Section 13 is amended (

a) in subsection (1) by adding “by June 30 of the year in which the election occurs or, for a by-election or vote on a question or bylaw, in the resolution or bylaw that fixes the day for the by-election or vote on a question or bylaw” after “this Act”; (

b) by adding the following after subsection (2):

(2.1) An elected authority must, by resolution, appoint a substitute returning officer by June 30 of the year in which the election occurs or, for a by-election, in the resolution or bylaw that fixes the day for the by-election. (

c) in subsection (3) by adding “or substitute returning officer” after “returning officer”; (

d) by adding the following after subsection (3):

(4) If, through illness, absence or other incapacity, the returning officer is incapable of performing the duties of returning officer, the substitute returning officer has and may exercise all the duties, functions and powers of a returning officer for the purposes of conducting elections under this Act. 8

Section 14(1)(

f) is amended by adding “and process” after “receive”.

4 Explanatory Notes (

a) election day (

i) in the case of a general election for council or for school representatives, shall be 4 weeks after nomination day for that election, and (ii) in the case of a by-electi on or vote on a bylaw or question, shall be as established by resolution of the summer village council, 7

Section 13 presently reads: 13(1) An elected authority may, by resolution, appoint a returning officer for the purposes of conducting elections under this Act.

(2) If the elected authority does not appoint a returning officer, the secretary is deemed to have been appointed as the returning officer.

(3) The returning officer for a local jurisdiction may not be a candidate for the elected authority for that local jurisdiction. 8

Section 14(1) presently reads in part: 14(1) In addition to performing the duties specified in this or any other Act, a returning officer shall (

f) receive nominations;

5 9

Section 17 is repealed. 10

Section 21(4) is amended by striking out “this Act” and substituting “this section”. 11

Section 22 is amended (

a) in subsection (1) (

i) in clause (

b) by adding “subject to subsection (4),” before “the person is”; (ii) in clause (d.1) by adding “, the Election Finances and Contributions Disclosure Act” after “the Election Act”; (

b) in subsection (1.2) (

i) by adding “or a school board trustee” after “as a councillor”; (ii) in clause (

a) by striking out “the secretary transmitted a report to council under

section 147.8(1)” and substituting “a report was transmitted under

section 147.8(1)”; (iii) in clause (c) (

A) in subclause (

i) by adding “or the school board” after “council”; (

B) in subclause (ii) by striking out “municipality” and substituting “secretary”;

5 Explanatory Notes 9

Section 17 presently reads: 17 If a person who has been appointed a returning officer becomes incapable of carrying out the duties of that office, the chief elected official of a municipality or chair of the board of trustees may, in writing, appoint a person to act in the place of the returning officer. 10

Section 21(4) presently reads:

(4) If the boundaries of a local jurisdiction are altered by the addition of land, a person who has been a resident of the added land for at least the 6 months immediately preceding nomination day is deemed, for the purposes of this Act, to have been a resident, during that time, of the local jurisdiction to which the land was added. 11

Section 22 presently reads in part: 22(1) A person is not eligible to be nominated as a candidate in any election under this Act if on nomination day (

b) the person is an employee of the local jurisdiction for which the election is to be held unless the person takes a leave of absence under this section; (d.1) the person has, within the previous 10 years, been convicted of an offence under this Act, the Election Act or the Canada Elections Act (Canada).

(1.1) A person is not eligible to be nominated as a candidate for election as a trustee of a school board if on nomination day the person is employed by (

a) a school district or division, (

b) a charter school, or (

c) a private school, in Alberta unless the person takes a leave of absence under this section.

(1.2) A person is not eligible to be nominated as a candidate for election as a councillor if

6 (

c) by repealing subsection (1.3) and substituting the following: (1.3) Subsection (1.2) applies (

a) with respect to a candidate for election as a councillor, if a report has been transmitted under

section 147.8(1)(

a) respecting a campaign period beginning on or after January 1, 2014, and (

b) with respect to a candidate for election as a school board trustee, if a report has been transmitted under

section 147.8(1)(

b) respecting a campaign period beginning on or after January 1, 2019. (

d) in subsection (4) (

i) by striking out “Subsection (1) does not apply” and substituting “Subsection (1)(

b) does not apply”; (ii) by repealing clauses (

a) to (f), (

h) and (

j) to (l); (

e) in subsection (5) (

i) by striking out “An employee of a municipality” and substituting “A person who is an employee of a municipality and”; (ii) by striking out “his or her” and substituting “that person’s”; (iii) by striking out “the employee’s” and substituting “the person’s”; (iv) by striking out “the employee” and substituting “the person”; (

f) by repealing subsection (5 .1) and substituting the following:

(5.1) A person employed by an entity referred to in subsection (1.1) who wishes to be nominated as a candidate for election as a trustee of a school board may notify that person’s employer on or after July 1 in the year of an election but before the person’s last working day prior to nomination

6 Explanatory Notes (

a) the secretary transmitted a report to council under

section 147.8(1) in respect of the person, (

b) the Court did not dispense with, or extend the time for, compliance with

section 147.4 by an order under

section 147.8(3), and (

c) subject to subsection (1)(d. 1), nomination day for the election occurs within (

i) the 8-year period following the day on which the secretary transmitted the report to council, or (ii) where the disclosure statement required by

section 147.4 has been filed with the municipality, the 3-year period following the day of filing, whichever period expires first. (1.3) Subsection (1.2) applies where a report has been transmitted under

section 147.8(1) respecting a campaign period beginning on or after January 1, 2014. (4) Subsection (1) does not apply to a person by reason only (

a) that the person is a shareholder in a corporation having a contract or dealings with the local jurisdiction or elected authority for which the election is being held, (

i) unless the person holds or there is held by the person and the person’s spouse or adult interdependent partner, parents, children, brothers and sisters more than 25% of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the building or construction of a public work of the local jurisdiction; (

b) that the person has a contract with the local jurisdiction for the supplying to the person, the person’s spouse or adult interdependent partner or child of a service, utility or commodity that the local jurisdiction has statutory authority to supply; (

c) that the person holds an interest in a publication

7 day that the person is taking a leave of absence without pay under this section. (

g) in subsection (6) by striking out “employee who notifies his or her employer under” and substituting “person who notifies an employer in accordance with”.

7 Explanatory Notes (

i) in which official advertisem ents of the local jurisdiction appear, or (ii) that is supplied to the local jurisdiction at the usual rates; (

d) that the person sells or leases to the local jurisdiction land or interest in land that the local jurisdiction has authority to expropriate; (

e) that the person supplies goods, merchandise or services to the local jurisdiction or to persons contracting with the local jurisdiction if they are supplied at competitive prices and in the ordinary course of the person’s business or profession; (

f) that the person renders (

i) services to indigents w ho are residents of the local jurisdiction and for which the local jurisdiction is or may become liable to pay, or (ii) services for which the local jurisdiction has provided a subsidy; (

g) that the person is appointed to a position under the Emergency Management Act; (

h) that the person has rendere d professional services as a lawyer to the local jurisdiction, if the fees for the services have been reviewed or assessed under the Alberta Rules of Court; (

i) that the person has received a gratuity or allowance for services on a committee or board appointed by or responsible to the local jurisdiction; (

j) that the person is a member of an association under the Rural Utilities Act or is a member of a cooperative under the Cooperatives Act; (

k) that the person is a vendor , purchaser, assignor or assignee of land bought or sold under the Agriculture Financial Services Act; (

l) that the person is a party to a contract for the purchase or lease of real or personal property from the local jurisdiction entered into before nomination day;

8 12

Section 25 is repealed and the following is substituted: Nomination day 25(1) Nomination day is 6 weeks before election day.

(2) A person may file a nomination to become a candidate (

a) for a general election, within the period beginning on January 1 in a year in which a general election is to be held and ending at 12 noon on nomination day, and (

b) for a by-election, within the period beginning on the day after the resolution or bylaw is passed to set election day for the by-election and ending at 12 noon on nomination day.

8 Explanatory Notes (

m) that the person is a volunteer chief, officer or member of a fire, ambulance or emergency measures organization established by a local jurisdiction or that the person is a volunteer for another purpose who performs duties under the direction of the local jurisdiction.

(5) An employee of a municipality who wishes to be nominated as a candidate in an election to be held for that municipality may notify his or her employer on or after July 1 in the year of a general election or on or after the day the council passes a resolution to hold a by-election but before the employee’s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section.

(5.1) An employee referred to in subsection (1.1) who wishes to be nominated as a candidate for election as a trustee of a school board may notify his or her employer on or after July 1 in the year of an election but before the employee’s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section.

(6) Notwithstanding any bylaw, resolution or agreement of a local jurisdiction, every employee who notifies his or her employer under subsection (5) or (5.1) is entitled to a leave of absence without pay. 12

Section 25 presently reads: 25 Nomination day shall be 4 weeks before election day.

9 13

Section 27 is amended (

a) by repealing subsection (1) and substituting the following: Form of nomination 27(1) Every nomination of a candidate must (

a) be in the prescribed form, (

b) be signed by at least 5 pers ons who are electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, (

c) be accompanied with a w ritten acceptance sworn or affirmed in the prescribed form by the person nominated, stating (

i) that the person is eligible to be elected to the office, (ii) the name, address and telephone number of the person’s official agent, if one has been appointed, (iii) that the person will accep t the office if elected, (iv) that the person will read and comply with the municipality’s code of conduct if elected, and (

v) that the persons who have signed the nomination are electors who are eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, a n d (

d) if required by bylaw, be accompanied with a deposit in the required amount. (

b) by adding the following after subsection (1):

(1.1) A person who files a nomination shall also submit, in the prescribed form, the following information to the returning officer: (

a) the full name and contact information of the candidate;

9 Explanatory Notes 13

Section 27 presently reads: 27(1) Every nomination of a candidate shall be in the prescribed form and signed by at least 5 electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, and shall be accompanied with a written acceptance signed in the prescribed form by the person nominated, stating (

a) that the person is eligible to be elected to the office, (a.1) the name, address and telephone number of the person’s official agent, (

b) that the person will accept the office if elected, and (

c) that the person will read and comply with the municipality’s code of conduct if elected, and if required by bylaw, it must be accompanied with a deposit in the required amount.

(2) Notwithstanding subsection (1), a city that is a local jurisdiction with a population of at least 10 000 or a board of trustees under the School Act of a local jurisdiction with a population of at least 10 000 may, by a bylaw passed prior to June 30 of a year in which a general election is to be held, specify the minimum number of electors required to sign the nomination of a candidate for an office, but that number must be at least 5 and not more than 100.

(3) Notwithstanding subsection (1), if a system of wards is in effect, only an elector who is a resident of the ward for which a candidate for election is being nominated may sign the nomination of the candidate.

(4) If a bylaw has been passed providing for a deposit, a nomination paper is not valid nor shall it be acted on by the returning officer unless it is accompanied with the deposit.

10 (

b) the address of the place or places where records of the candidate are maintained and of the place to which communications may be addressed; (

c) the name and address of the financial institutions to be used by or on behalf of the candidate for its campaign account, if applicable; (

d) the names of the signin g authorities for each account referred to in clause (c), if applicable.

(1.2) When there is any change in the information required to be provided under subsection (1.1), the candidate shall notify the local jurisdiction in writing within 48 hours after the change, and on receipt of the notice the local jurisdiction shall update the information accordingly.

(1.3) Notice under subsection (1.2) may be sent by fax or e-mail. (

c) in subsection (2) by striking out “prior to June 30 of” and substituting “prior to December 31 of the year before”; (

d) by repealing subsection (4). 14

Section 28 is repealed and the following is substituted: Nominations 28(1) Nominations shall be submitted at the local jurisdiction office at any time during the relevant period referred to in

section 25(2).

(2) The person nominated as a candidate is responsible for ensuring that the nomination filed under subsection (1) meets the requirements of

section 27.

(3) Any person may file a nomination described in

section 27 in accordance with subsection (1).

(4) A returning officer shall not accept the following for filing: (

a) a nomination that is not completed in the prescribed form;

10 Explanatory Notes 14

Section 28 presently reads: 28(1) The returning officer shall receive nominations at the local jurisdiction office between 10 a.m. and 12 noon on nomination day.

(1.1) The person who is nominated as a candidate is responsible for ensuring that the nomination filed under subsection (1) meets the requirements of

section 27.

(2) Notwithstanding subsection (1), an elected authority may, by a bylaw passed prior to June 30 of a year in which an election is to be held, provide that the returning officer (

a) may receive nominations earlier than 10 a.m., and (

b) may establish locations, in addition to the local jurisdiction office, where a deputy may receive nominations.

11 (

b) a nomination that is not signed by at least the minimum number of persons required to sign the nomination; (

c) a nomination that is not sworn or affirmed by the person nominated; (

d) if a bylaw has been passed under

section 29(1), a nomination that is not accompanied by the deposit required by the bylaw.

(5) If the returning officer has not rejected a nomination form under subsection (4), the returning officer must sign the form to indicate that the form has been accepted.

(6) At any time after the commencement of the relevant period referred to in

section 25(2) until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary.

(7) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the papers relate has expired.

(8) Twenty-four hours after the close of nominations on nomination day, the returning officer shall, as soon as practicable, forward a signed statement showing the name of each nominated candidate and any information about the candidate that the candidate has consented to being disclosed to the relevant Minister’s Deputy Minister.

(9) A statement referred to in subsection (8) may be forwarded by electronic means, including by fax or e-mail.

(10) Within 48 hours of the close of nominations on nomination day, the returning officer shall post or cause to be posted at the local jurisdiction office the names of all candidates that have been nominated and the offices for which they were nominated.

11 Explanatory Notes

(3) Any person may file a nomination described in

section 27 with the returning officer or deputy.

(3.01) If a nomination is not signed by at least the minimum number of electors required to sign the nomination, the returning officer shall not accept it for filing.

(4) At any time after 12 noon on nomination day until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary.

(5) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the papers relate has expired.

(6) Twenty-four hours after the close of nominations on nomination day, the returning officer shall, as soon as practicable, forward a signed statement showing the name of each nominated candidate and any information about the candidate that the candidate has consented to being disclosed to the relevant Minister’s Deputy Minister.

12 15

Section 31(2) is repealed. 16

Section 35 is amended (

a) in subsection (2) by striking out “If an election is required” and substituting “Subject to subsection (2.1), if an election is required”; (

b) by adding the following after subsection (2):

(2.1) If an election does not apply to an entire local jurisdiction, a notice published, mailed or delivered under subsection (2) is only required to be published, mailed or delivered in a ward or voting subdivision within that local jurisdiction where an election is required. 17

Section 37 is amended by adding the following after subsection (2):

(3) The elected authority may pass a bylaw by June 30 of a year in which a general election is to be held allowing the returning officer of the elected authority to designate more than one voting station for each subdivision and the location of those voting stations for that election. 18

Section 39(2) is repealed and the following is substituted:

(2) A ballot box must be made of durable material and so constructed that ballots can be deposited into the ballot box and cannot be removed from it unless the seal is broken and the ballot box opened.

12 Explanatory Notes 15

Section 31(2) presently reads:

(2) Notwithstanding subsection (1), if a bylaw under

section 28(2)(

a) is in force in the local jurisdiction, the time for receipt of nominations must comply with the bylaw. 16

Section 35(2) presently reads:

(2) If an election is required, the returning officer shall give notice of it in the prescribed form by publishing a notice at least once a week in each of the 2 weeks before election day in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before election day. 17

Section 37 presently reads: 37(1) The returning officer shall designate the location of one voting station only for each voting subdivision and the location may be outside the area.

(2) When a voting station designated by the returning officer is not available, the returning officer shall designate another place in the vicinity and shall, by notice posted at the original voting station, direct the electors to the other voting station. 18

Section 39(2) presently reads:

(2) A ballot box shall meet the requirements set out in the regulations.

13 19

Section 47 is amended (

a) by repealing subsection (1)(

c) and substituting the following: (

c) resides in Alberta and the person’s place of residence is located in the local jurisdiction on election day. (

b) by repealing subsection (4). 20

Section 49(5) is amended (

a) by adding “and” at the end of clause (e); (

b) by repealing clause (f). 21

Section 52 is repealed and the following is substituted: Access for enumerators and campaigners 52(1) A person to whom an enumerator, a candidate, an official agent or a campaign worker on behalf of a candidate has produced identification in the prescribed form indicating that the person is an enumerator, a candidate, an official agent or a campaign worker, shall not (

a) obstruct or interfere with, or (

b) cause or permit the obstruction or interference with,

13 Explanatory Notes 19

Section 47 presently reads in part: 47(1) A person is eligible to vote in an election held pursuant to this Act if the person (

c) has resided in Alberta for the 6 consecutive months immediately preceding election day and the person’s place of residence is located in the area on election day.

(4) In the case of the performance of any function or the exercise of any right under this Act, a person shall be a resident on the day on which that function is performed or that right is exercised in the area, ward or voting subdivision in respect of which that function is performed or that right is exercised and shall have been a resident of Alberta for the 6 consecutive months immediately preceding the day on which that function is performed or that right is exercised, unless otherwise required by this Act. 20

Section 49(5) presently reads in part:

(5) The permanent electors register may contain only the following information about persons ordinarily resident in the municipality who are electors or may be eligible to be electors: (

e) the day, month and year of birth of the person, (

f) if a person has not resided in Alberta for 6 months, the date the person became a resident of Alberta, and 21

Section 52 presently reads: 52 A person to whom an enumerator, a candidate, an official agent or a campaign worker on behalf of a candidate has produced identification that meets the requirements of the regulations, indicating that the person is an enumerator, a candidate, an official agent or a campaign worker shall not (

a) obstruct or interfere with, or (

b) cause or permit the obstr uction or interference with,

14 the free access of the enumerator, candidate, official agent or campaign worker to each residence in a building containing 2 or more residences or to each residence in a mobile home park.

(2) A municipality may issue photo identification to an enumerator and that photo identification is deemed to be identification of that enumerator in the prescribed form for the purposes of subsection (1). 22

Section 53 is repealed and the following is substituted: Proof of elector eligibility 53(1) Every person who attends at a voting station for the purpose of voting must be permitted to vote if (

a) the person’s name appears on the list of electors, if any, or (

b) the person (

i) makes a statement that the person is eligible to vote as an elector in the presence of an officer at the voting station, in the prescribed form, (ii) validates the person’s identity and address of the person’s residence in accordance with subsection (3), and (iii) where required by a bylaw passed under

section 53.01, produces the number and types of identification permitted by the bylaw to verify the person’s age.

(2) A statement referred to in subsection (1)(b)(

i) must include the address of the person’s residence.

(3) A person may validate the person’s identity and the address of the person’s residence for the purpose of subsection (1)(b)(ii) (

a) if a bylaw has been passed under

section 53.01, by producing the number and types of identification required by the bylaw, or (

b) by producing

14 Explanatory Notes the free access of the enumerator, candidate, official agent or campaign worker to each residence in a building containing 2 or more residences or to each residence in a mobile home park. 22

Section 53 presently reads: 53(1) Every person who attends at a voting station for the purpose of voting must be permitted to vote (

a) if the person’s name appears on th e list of electors, if any, or (

b) if the person makes a statement in the presence of an officer at the voting station, in the prescribed form, that the person is eligible to vote as an elector and produces for inspection the following proof of the person’s identity and current residence and, where required by a bylaw passed under subsection (3), age: (

i) if a bylaw has not been passed under subsection (3), (

A) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and current address, or (

B) one piece of identification authorized by the Chief Electoral Officer under the Election Act for the purposes of

section 95(1)(a)(ii) of that Act that establishes the elector’s name and current address; (ii) if a bylaw has been passed under subsection (3), the number and types of identification required by the bylaw to verify the person’s name and current address and, if applicable, age.

(2) Notwithstanding subsection (1), if there is a list of electors, a person may instead prove that the person is eligible to vote as an elector and his or her identity and current residence and, if

15 (

i) one piece of identifica tion issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the person, the person’s name and the address of the person’s residence, (ii) one piece of identifica tion authorized by the Chief Electoral Officer under the Election Act for the purposes of

section 95(1)(a)(ii) of that Act that establishes the person’s name and current address, or (iii) one piece of oth er acceptable identification referred to in

section 53.02.

(4) Notwithstanding subsection (1)(b)(ii) and (iii), a person may validate the person’s identity, the address of the person’s residence and, if applicable, the person’s age if the person is accompanied by an elector who (

a) validates the elector’s identity and the address of the elector’s residence in accordance with subsection (3) and, if applicable, verifies the elector’s age in accordance with subsection (1)(b)(iii), and (

b) vouches for the person in accordance with subsection (7).

(5) A scrutineer shall not vouch for a person under subsection (4)(b).

(6) An elector shall not vouch for a person if the elector has relied on the process described in subsection (4) to validate the elector’s identity, address and, if applicable, age.

(7) For the purposes of subsection (4)(b), an elector who vouches for a person must make a statement, in the prescribed form, that (

a) the elector knows the person, (

b) the elector knows that the p erson resides at the address indicated in the person’s statement, and

15 Explanatory Notes applicable, age by making a statement in the presence of an officer at the voting station, in the prescribed form, if he or she is accompanied by another person whose name appears on the list of electors for the same voting station at which that other person is entitled to vote and that other person (

a) produces for inspection (

i) if subsection (1)(b)(

i) applie s, a piece of identification referred to in subsection (1)(b)(i), or (ii) if subsection (1)(b)(ii) applies, the number and types of identification required by the bylaw, and (

b) vouches for him or her by ma king a statement in the presence of an officer at the voting station in the prescribed form.

(3) An elected authority may, by a bylaw passed no later than 6 months prior to nomination day of a year in which an election is to be held, provide for the number and types of identification that are required to be produced by a person to verify the person’s name and current address for the purpose of determining whether the person is eligible to vote.

(4) An elected authority may, by a bylaw passed no later than 6 months prior to nomination day of a year in which an election is to be held, provide for the number and types of identification that are required to be produced by a person who wishes to vote by a special ballot to verify the person’s name and current address for the purpose of determining whether the person is eligible to vote.

(5) A bylaw under subsection (3) or (4) (

a) may specify identification in addition to that referred to in subsection (1)(b)(i), and (

b) may provide for the number and types of identification that are required to be produced to also verify the person’s age.

(6) Any bylaw passed under subsection (3) or (4) providing for the number and types of identification that are required to be produced to verify the person’s name and current address for the purpose of determining whether the person is eligible to vote must provide that

16 (

c) the elector has not relied on the process described in subsection (4) to validate the elector’s identity, address and, if applicable, age.

(8) A person who attends at a voting station shall not be permitted to vote unless that person meets the requirements of this section. Bylaws with respect to proof of elector eligibility 53.01(1) An elected authority may, by a bylaw passed no later than 6 months prior to nomination day of a year in which an election is to be held, provide for the number and types of identification that are required to be produced by a person to verify the person’s name and current address for the purpose of determining whether the person is eligible to vote.

(2) An elected authority may, by a bylaw passed no later than 6 months prior to nomination day of a year in which an election is to be held, provide for the number and types of identification that are required to be produced by a person who wishes to vote by a special ballot to verify the person’s name and current address for the purpose of determining whether the person is eligible to vote.

(3) A bylaw passed under subsection (1) or (2) must provide that a returning officer shall accept one piece of identification referred to in

section 53(3)(

b) for that purpose.

(4) A bylaw under subsection (1) or (2) (

a) may specify identification that a person may produce to validate the person’s identity and the address of the person’s residence in addition to the identification referred to in

section 53(3)(b), and (

b) may provide for the number and types of identification that a person must produce to validate the person’s age.

(5) Before passing a bylaw in accordance with subsection (1) or (2), an elected authority must (

a) advertise the proposed by law in accordance with

section 53.1, and

16 Explanatory Notes a returning officer shall accept one piece of identification referred to in subsection (1)(b)(i)(

A) or (

B) for that purpose.

(7) When an elected authority intends to pass a bylaw under subsection (3) or (4) it must (

a) advertise the proposed byla w in accordance with

section 53.1, and (

b) include in the notice of election day under

section 35 the proposed number and types of identification to be required.

(8) A scrutineer may not vouch for a person under subsection (2).

(9) A person who attends a voting station for the purpose of voting may not vote unless the requirements of subsection (1) or (2) are met.

17 (

b) include in the notice of election day under

section 35 the proposed number and types of identification to be required. Other acceptable identification 53.02(1) The relevant Minister may, by order, (

a) establish other acceptable id entification for the purpose of

section 53(1)(b)(iii), and (

b) provide a process for establishing the address of a person’s residence if the person produces identification under

section 53(1)(

b) that uses a non-residential address.

(2) The Regulations Act does not apply to an order referred to in subsection (1). 23

Section 54 is amended (

a) in subsection (1) by striking out “voting” and substituting “elector”; (

b) in subsection (1.1) by striking out “, 77”; (

c) in subsection (2) by striking out “voting” and substituting “elector”. 24

Section 59 is repealed and the following is substituted: Entries in elector register 59 The deputy shall record on the elector register that an elector has received a ballot for any one or more of the following that are applicable to the election: (

a) chief elected official;

17 Explanatory Notes 23

Section 54 presently reads: 54(1) If a candidate or the candidate’s official agent or scrutineer objects to a person who makes a statement, a deputy shall note in the voting register the reason for the objection and the name of the candidate or official agent or scrutineer making the objection and shall initial the objection.

(1.1) A candidate, official agent or scrutineer may only make an objection under subsection (1) at the time the person makes the statement under

section 53(1)(

b) or (2), 77 or 78.

(2) If a returning officer on reasonable and probable grounds believes that a person is not eligible to be an elector, the returning officer must note in the voting register the reason for the belief and initial it. 24

Section 59 presently reads: 59 The deputy shall record on the voting register that an elector has received a ballot for any one or more of the following that are applicable to the election: (

a) chief elected official;

18 (

b) councillors; (

c) public school trustees or representatives; (

d) separate school trus tees or representatives; (

e) bylaw or question. 25

Section 68(2) is amended by striking out “voting register” and substituting “elector register”. 26

Section 69(5) is amended by striking out “, 77”. 27

Section 73 is repealed and the following is substituted: Advance vote 73(1) In this section, “population” means population as defined and determined in accordance with the regulations under

section 604 of the Municipal Government Act.

(2) Subject to subsection (3), an elected authority may by resolution provide for holding an advance vote for an election.

(3) Subject to subsections (4) and (7), a local jurisdiction having a population greater than 5000 must provide for holding an advance vote on (

a) the election of municipal councillors, including by-elections, and

18 Explanatory Notes (

b) councillors; (

c) public school trust ees or representatives; (

d) separate school trust ees or representatives; (

e) bylaw or question. 25

Section 68(2) presently reads:

(2) Any person who, having received a ballot from the deputy, leaves the voting station without first delivering it to the deputy in the manner provided by this Act, forfeits the person’s right to vote at that election and the deputy shall record in the voting register an entry to the effect that the person left the voting station without first delivering the ballot. 26

Section 69(5) presently reads:

(5) The presiding deputy may designate the place or places at a voting station where a candidate, an official agent or a scrutineer of a candidate may observe the election procedure, and in designating the place or places, the presiding deputy shall ensure that the candidate, official agent or scrutineer can observe any person making a statement under

section 53(1)(

b) or (2), 77 or 78. 27

Section 73 presently reads: 73(1) An elected authority may by resolution provide for holding an advance vote on any vote to be held in an election.

(2) No advance vote shall be held within 24 hours of election day.

(3) If a resolution is enacted under subsection (1), the returning officer must determine the days and hours when the advance vote is to be held.

19 (

b) the submission of a bylaw or question to electors under

section 7.

(4) If the election is being held in only one ward but that ward is within a local jurisdiction with a population greater than 5000, the requirements of subsection (3) apply.

(5) No advance vote shall be held within 24 hours of election day.

(6) The returning officer must determine the days and hours when the advance vote under subsection (2) or (3) is to be held.

(7) The Minister may, at any time, make an order to exempt an elected authority from the requirement to provide for holding an advance vote under subsection (3). 28

Section 74 is amended (

a) by adding the following after subsection (1):

(1.1) A notice of advance vote referred to in subsection (1) may be given by including it in the notice of election day provided under

section 35(2) in respect of the same election, provided that the requirements of both subsection (1) and

section 35(2) are met.

(1.2) If an election does not apply to an entire local jurisdiction, a notice of advance vote published, mailed or delivered in accordance with subsection (1.1) is only required to be published, mailed or delivered in a ward or voting subdivision within that local jurisdiction where an election is required. (

b) in subsection (2) by striking out “subsection (1)” and substituting “this section”. 29

Section 75 is amended by adding the following after subsection (1):

(1.1) If there are wards in a local jurisdiction, the returning officer is not required to establish an advance voting station in

19 Explanatory Notes 28

Section 74 presently reads: 74(1) Notice of the days, the locations of the voting stations and the hours fixed for an advance vote shall be given in the form prescribed for use under

section 35 by publishing a notice at least one week before the date set for the advance vote in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before the date set for the advance vote.

(2) On complying with subsection (1), the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate. 29

Section 75 presently reads: 75(1) When an advance vote is authorized, the returning officer shall establish the number of advance voting stations the returning officer considers necessary.

20 each ward but must establish at least one advance voting station. 30

Section 77 is repealed. 31

Section 77.1 is amended (

a) in subsection (1) (

i) in clause (

a) by striking out “incapacity” and substituting “disability”; (ii) in clause (

c) by adding “substitute returning officer,” after “deputy returning officer,”; (

b) in subsection (2) (

i) in clause (

c) by striking out “telecopier” and substituting “fax”; (ii) by adding the following after clause (e): (

f) by secure website.

20 Explanatory Notes

(2) If there are wards in a local jurisdiction, the presiding deputy shall maintain separate ballot boxes for each elected authority.

(3) A vote held at an advance voting station must be conducted in the same manner as a vote on election day except that (

a) a fresh ballot box must be us ed on each day of the advance vote, and (

b) on the completion of each day of the advance vote, the ballot box used that day must be sealed so that no ballots can be deposited in it without breaking the seal, and the ballot box must remain like that and be stored in a secure place until it is opened for the counting of ballots at the close of the voting stations on election day. 30

Section 77 presently reads: 77 Subject to

section 83(3) or (4), every person applying to vote at an advance voting station, before being permitted to vote, shall be required by a deputy to make a statement in the prescribed form, which shall be kept by the deputy with the other records of the voting station. 31

Section 77.1 presently reads in part: 77.1(1) An elector who is unable to vote at an advance vote or at the voting station on election day because of (

a) physical incapacity, (

c) being a returning officer, depu ty returning officer, constable, candidate, official agent or scrutineer who may be located on election day at a voting station other than that for the elector’s place of residence may apply to vote by special ballot.

(2) An elected authority may, by resolution passed prior to nomination day, provide for special ballots and provide that the application for special ballots may be made by any one or more of the following methods:

21 (

c) in subsection (2.1) by striking out “, at any time between the day after the day when the resolution is passed to provide for special ballots and the closing of voting stations on election day” and substituting “and during the period of time specified in the resolution”; (

d) by repealing subsection (2.3). 32

Section 77.2 is amended (

a) in subsection (2)(d.1) (

i) by adding “section 53(1)(b),” after “requirements of”; (ii) by repealing subclauses (

i) and (ii); (

b) by repealing subsection (2.1) and substituting the following:

(2.1) A copy of the elector’s identification, as described in subsection (2)(d.1), may be used only to verify the elector’s name, current address and, if applicable, age, for the purpose of determining whether the elector is eligible to vote. (

c) in subsection (4)(c) (

i) by adding “section 53(1)(b)” after “requirements of”; (ii) by repealing subclauses (

i) and (ii); (

d) in subsection (5) (

i) by adding “section 53(1)(b),” after “requirements of”; (ii) by repealing clauses (a.01) and (a.02); (iii) in clause (

f) by striking out “incapacity” and substituting “disability”;

21 Explanatory Notes (

c) by telecopier;

(2.1) If an elected authority has made a resolution described in subsection (2), an elector may apply to the returning officer of the elector’s local jurisdiction for a special ballot, by a method provided for in the resolution, at any time between the day after the day when the resolution is passed to provide for special ballots and the closing of voting stations on election day.

(2.3) If an elected authority passes a resolution described in subsection (2), the elected authority must notify the Minister of the resolution by nomination day. 32

Section 77.2 presently reads in part:

(2) After marking the appropriate forms, the elector must (

a) place them in the ballot envelope, (

b) seal the ballot envelope, (

c) place the ballot envelope in the certificate envelope, (

d) complete and sign

Part 1 of the certificate and seal the certificate envelope, (d.1) attach a copy of the elector’s identification that meets the requirements of (i)

section 53(1)(b)(

i) if the elected authority has not passed a bylaw under

section 53(3) or (4), or (ii) the bylaw if the elected authority has passed a bylaw under

section 53(3) or (4), (

e) place the certificate envel ope in the outer envelope, and (

f) seal the outer envelope.

(2.1) A copy of the elector’s identification, as described in subsection (2)(d.1), may be used only (

a) if subsection (2)(d.1)(

i) applies, to verify the elector’s name and current address for the purpose of determining whether the elector is eligible to vote, or

22 (

e) in subsection (5.1)(b) (

i) by adding “section 53(1)(b),” after “requirements of”; (ii) by repealing subclauses (

i) and (ii); (

f) by repealing subsections (5.2) , (5.3), (5.4), (5.5) and (5.6).

22 Explanatory Notes (

b) if subsection (2)(d.1)(ii) applies, to verify the elector’s name and current address and, if applicable, age for the purpose of determining whether the elector is eligible to vote, and the returning officer must ensure that the copy and the information it contains are not disclosed or used for any other purpose.

(4) On receipt of the outer envelope, the returning officer must open the outer envelope, remove from it the certificate envelope and determine (

a) whether the name on the certificate envelope is the same as that of an individual already recorded in the special ballot elector register under this section, (

b) whether

Part 1 of the certificate is properly completed, and (

c) whether the elector has attached a copy of the elector’s identification that meets the requirements of (i)

section 53(1)(b)(

i) if subs ection (2)(d.1)(

i) applies, or (ii) the bylaw if subsect ion (2)(d.1)(ii) applies.

(5) On determining that the elector is recorded in the special ballot elector register, that

Part 1 of the certificate is properly completed and that the copy of the elector’s identification meets the requirements of (a.01)

section 53(1)(b)(

i) if s ubsection (2)(d.1)(

i) applies, or (a.02) the bylaw if subs ection (2)(d.1)(ii) applies, the returning officer must (

a) sign

Part 2 of the certificate, (

b) if the elector’s name appears on the list of electors, if any, for the voting station in which the elector is entitled to vote, enter opposite the name of that person on the list of electors the word “special”, (

c) if the elector’s name does not appear on the list of electors, if any, for the voting station in which the elector is entitled to

23 Explanatory Notes vote, enter the elector’s nam e on the list of electors and, opposite the name, the word “special”, (

d) record in the special ballot elector register in the appropriate column the date and time the returning officer received the certificate envelope, (

e) open the certificate envelope, remove from it the sealed ballot envelope and place the sealed ballot envelope in a sealed ballot box marked “special ballot”, and (

f) enter in the special ballot el ector register, in the appropriate column, the word “voted” and the reason for using the special ballot, that is, physical incapacity, absence, election officer, candidate, official agent or scrutineer.

(5.1) If the returning officer is not satisfied (

a) that

Part 1 of the cer tificate is properly completed, (

b) that the copy of the elector’s identification meets the requirements of (i)

section 53(1)(b)(

i) if subs ection (2)(d.1)(

i) applies, or (ii) the bylaw if subsect ion (2)(d.1)(ii) applies, (

c) that the elector has not already been entered on the special ballot elector register, or (

d) that the elector has not al ready returned a special ballot, the returning officer must retain the certificate envelope unopened, attach the copy of the elector’s identification, if any, to the certificate envelope, treat the ballot in the envelope as a rejected ballot and mark the certificate envelope accordingly.

(5.2) If the returning officer cannot determine whether a certificate is valid under subsection (5) or rejected under subsection (5.1) or the returning officer is of the opinion that the special ballot does not meet the requirements of this Act, the returning officer must forthwith notify a person appointed by the Minister under subsection (5.3) and set the unopened certificate envelope aside in a secure ballot box to be reviewed by that person.

24 33

Section 78 is amended (

a) by repealing subsection (1) and substituting the following: Elector assistance 78(1) The deputy, at the request of an elector who is unable to vote in the usual manner, shall mark the vote of that elector on the elector’s ballot in the manner directed by that elector, and shall immediately deposit the ballot in the ballot box. (

b) by adding the following after subsection (4):

(4.1) If an elector requests a blind elector template by June 30 in a year in which a general election is to be held, a municipality must pass a bylaw setting out the blind elector template.

(4.2) A municipality may pass a bylaw setting out the blind elector template even if no request is made under subsection (4.1).

(4.3) The bylaw referred to in subsections (4.1) and (4.2) must specify when the blind elector template is available and how the municipality will notify electors of the availability of the blind elector template.

24 Explanatory Notes

(5.3) The Minister must, by order, appoint one or more persons to be available to review questionable certificates under subsection (5.2) and declare them either valid or rejected.

(5.4) On being notified under subsection (5.2), a person appointed under subsection (5.3) must review the questionable certificate, complete the prescribed form declaring the certificate either valid or rejected, submit the form to the returning officer and submit a copy of the form to the local jurisdiction and the Minister.

(5.5) If the certificate is declared valid under subsection (5.4), the returning officer must treat the ballot as a ballot to which subsection (5) applies.

(5.6) If the certificate is declared rejected under subsection (5.4), the returning officer must treat the ballot as a ballot to which subsection (5.1) applies. 33

Section 78 presently reads in part: 78(1) The deputy, at the request of an elector who is incapacitated by blindness or another physical condition from marking the elector’s ballot in the usual manner, shall mark the vote of that elector on the elector’s ballot in the manner directed by that elector, and shall immediately deposit the ballot in the ballot box.

(4) The deputy shall not permit an elector to vote under subsection (3) until the elector and the elector’s friend have made the prescribed statements.

(5) If an elector who is blind is not accompanied by a friend into a voting compartment under subsection (3), the deputy must, if requested by the elector at least 3 months before election day, (

a) provide the elector with a blind voter template in the prescribed form, and (

b) instruct the elector in its use.

(7) When a ballot has been marked pursuant to this section, the deputy shall enter in the voting register opposite the name of the voter and in the appropriate column either “voter assistance” or “template”.

25 (

c) by repealing subsection (5) and substituting the following:

(5) If an elector who is blind is not accompanied by a friend into a voting compartment under subsection (3) and the municipality has passed a bylaw setting out the blind elector template in accordance with subsection (4.1), the deputy must (

a) provide the elector with a blind elector template, and (

b) instruct the elector in its use. (

d) in subsection (7) (

i) by striking out “voting” and substituting “elector”; (ii) by striking out “voter” wherever it occurs and substituting “elector”. 34

Section 79 is amended (

a) by repealing subsection (1) and substituting the following: Elector assistance at home 79(1) An elected authority may by resolution provide for the attendance of 2 deputies at the residence of an elector, during the hours an advance voting station is open or other times as may be fixed by the resolution, in order to take the votes of an elector who, because of physical disability, is unable to attend a voting station or an advance voting station to vote. (

b) in subsection (3) by striking out “incapacity” and substituting “disability”; (

c) by adding the following after subsection (3):

(3.1) Notwithstanding subsection (3), a returning officer may include the name and address of an elector who is not unable to attend a voting station or an advance voting station because of physical disability on a list if the elector resides in a facility at which an elector whose name and address has been included on a list in accordance with subsection (3) resides.

25 Explanatory Notes 34

Section 79 presently reads in part: 79(1) An elected authority may by resolution provide for the attendance of 2 deputies at the residence of an elector, during the hours an advance voting station is open or other times as may be fixed by the resolution, in order to take the votes of an elector who, because of physical incapacity, is unable to attend a voting station or an advance voting station to vote.

(3) If the returning officer is satisfied that an elector is unable to attend a voting station or an advance voting station because of physical incapacity, the returning officer shall include that elector’s name and address on a list.

26 35

Section 80 is amended (

a) in subsection (2) (

i) in clause (

a) by striking out “hospital, auxiliary hospital or nursing home” and substituting “treatment centre”; (ii) in clause (

b) by striking out “the local jurisdiction in a seniors’ accommodation facility” and substituting “a supportive living facility in the local jurisdiction”; (

b) by adding the following after subsection (2):

(2.1) Notwithstanding subsection (2), an elected authority may designate a self-contained housing unit in a lodge accommodation as an institution for the purposes of holding an institutional vote under this section. (

c) in subsection (4) by striking out “residents of seniors’ accommodation facilities” and substituting “electors who are residents of supportive living facilities or confined to treatment centres”. 36

Section 83 is amended (

a) in subsection (2) by striking out “voting register” and substituting “elector register”; (

b) by repealing subsections (3) and (4).

26 Explanatory Notes 35

Section 80 presently reads in part:

(2) An elector who on election day (

a) is confined to a hospital, auxiliary hospital or nursing home in the local jurisdiction, or (

b) is a resident in the lo cal jurisdiction in a seniors’ accommodation facility, that is established as an institutional voting station for the election is eligible to vote at that institutional voting station.

(4) If an elected authority provides for the holding of an advance vote, the returning officer may appoint the number of deputies that the returning officer considers necessary to take the votes on the day the advance vote is held of any residents of seniors’ accommodation facilities that are located in the local jurisdiction. 36

Section 83 presently reads in part:

(2) On the production of the certificate, the deputy or constable may vote at the voting station where the deputy or constable is stationed, instead of the voting station where the deputy or constable would otherwise have been eligible to vote, and a deputy shall attach the certificate to the voting register.

(3) If, in a local jurisdiction where a ward system is in effect, an elector is appointed a deputy or constable to attend at a voting station in a ward other than the one in which that elector is eligible to vote, the returning officer may provide the elector with a certificate making the elector eligible to vote at an advance voting station, and the elector may vote at the advance voting station without the necessity of making the statement required by

section 77.

(4) If an elector is appointed as an officer in a local jurisdiction other than the one in which that elector is eligible to vote, the returning officer of the local jurisdiction that appointed the elector as an officer shall provide the elector with a certificate making the

27 37

Section 84 is amended (

a) in subsection (1) by striking out “the” after “votes of”; (

b) in subsection (2) by striking out “and the bylaw shall as nearly as possible follow the provisions of this Act”; (

c) by adding the following after subsection (2):

(2.1) Notwithstanding any other provision of this Act, the bylaw referred to in subsection (1) may prescribe (

a) directions for the use of ballot boxes, (

b) directions for the use of tabulators, (

c) the time allowed for co unting special ballots, advance votes and institutional votes, and (

d) directions for the use of technology for electors who are unable to vote in the usual manner.

(2.2) The bylaw referred to in subsection (1) must follow the provisions of this Act as nearly as possible.

(2.3) Notwithstanding any other provision of this Act, the bylaw referred to in subsection (1) may provide that a single ballot card may be used for all the offices referred to in

section 42(1).

(2.4) If the bylaw referred to in subsection (1) prescribes directions for the use of tabulators, the bylaw must require that the equipment must not be part of or connected to an electronic network, except that the equipment may be securely connected to a network after the close of polls for the purpose of transmitting information to the local jurisdiction.

27 Explanatory Notes elector eligible to vote at an advance vote and the elector may vote at an advance voting station for the local jurisdiction of which the elector is an elector without the necessity of making the statement required by

section 77. 37

Section 84 presently reads: 84(1) An elected authority may by bylaw provide for the taking of the votes of the electors by means of voting machines, vote recorders or automated voting systems.

(2) Notwithstanding any other provision of this Act, the bylaw referred to in subsection (1) shall prescribe (

a) the form of the ballot, (

b) directions for the marking of a ballot by an elector, and (

c) directions for the voting pro cedures to be used including the procedures to be followed (

i) in the taking of the votes by any of the means provided for in subsection (1), (ii) in the examination of the ballots, by machine or otherwise, to determine which votes should be declared void, (iii) in the counting, by machine or otherwise, of the votes taken by any of the means provided for in subsection (1), and (iv) if a returning officer makes a recount pursuant to

section 98, in the recounting, by machine or otherwise, of the votes taken by any of the means provided for in subsection (1), and the bylaw shall as nearly as possible follow the provisions of this Act.

(2.5) If the bylaw referred to in subsection (1) authorizes the use of an electronic ballot marking device,

section 78(5) does not apply.

(2.6) In this section, “electronic ballot-marking device” means an electronic device that has an audio instruction and vote confirmation component and Braille-embossed voting buttons. 38 The following is added after

section 85: Counting centres 85.1(1) A returning officer may designate a single location as a counting centre for the purpose of this section.

(2) The returning officer must notify all affected candidates, official agents and scrutineers of the location of the counting centre.

(3) If a ward or division system exists in a local jurisdiction, the special ballot box, advance vote ballot box and institutional vote ballot box shall be counted at the counting centre if one is designated by the returning officer for that local jurisdiction.

(4) An elected authority may pass a bylaw by June 30 of a year in which a general election is to be held allowing the returning officer of the elected authority to count the special ballot box, advance vote ballot box and institutional vote ballot box no earlier than 7:30 p.m. on election day.

(5) The deputy of a counting centre shall in the presence of (

a) at least one and any additional officers that the deputy considers necessary, and (

b) the candidates, official agents or scrutineers, if any, ensure that each special ballot box, advance vote ballot box and institutional ballot box is opened and that the votes are counted in accordance with the bylaw made under

section 84(1).

(6) There shall be present at the counting centre during the counting of the votes, for each candidate, not more than one of the following for each ballot box:

28 Explanatory Notes 38 Counting centres.

29 (

a) the candidate; (

b) the candidate’s official agent; (

c) the candidate’s scrutineer.

(7) The results of a count conducted in accordance with this

section shall not be publicly disclosed until after 8:00 p.m. on election day. 39

Section 90 is repealed and the following is substituted: Certificate in elector register 90 Every presiding deputy at the close of the voting station shall certify in words, in the prescribed form, the number of persons who registered to vote at the voting station at which the deputy was designated to preside. 40

Section 91(1)(

f) is amended by striking out “voting register” and substituting “elector register”. 41

Section 93 is amended by striking out “voting register” and substituting “elector register”.

29 Explanatory Notes 39

Section 90 presently reads: 90(1) Every presiding deputy at the close of the voting station shall certify in words, in the prescribed form, the number of persons who registered to vote at the voting station at which the deputy was designated to preside.

(2) Every presiding deputy at the close of the voting station on election day must make a copy of each voter register on which an objection has been noted under

section 54.

(3) After the close of voting stations on election day and prior to the disposition of election materials under

section 101, any person who may object under

section 54 may, in the presence of the secretary or returning officer during regular business hours, view the copy of the voter register on which objections have been noted. 40

Section 91(1) presently reads in part: 91(1) At the completion of the counting of the ballots, the presiding deputy shall make up into separate packets (

f) the voting register together with the prescribed form referred to in

section 90; 41

Section 93 presently reads: 93 The presiding deputy shall then place all the packets containing ballots, the voting register, the special ballot certificate envelopes and copies of special electors’ identification, if any, all statements made on voting day and the list of electors, if any, in the ballot box

30 42 The following is added after

section 93: Elector registers with objection 93.1(1) Notwithstanding

section 92, at the completion of the counting of the ballots, the presiding deputy shall (

a) make a packet of the el ector registers on which an objection has been noted in accordance with

section 54, if any, separate from the packet made under

section 91(1)(

f) that contains the rest of the elector register, (

b) seal the packet and mark it on the outside with the information referred to in

section 92, and (

c) deliver the sealed packet t o the returning officer with the sealed ballot box and the ballot account under

section 94.

(2) Commencing the day after election day, if a person makes a request to view the copy of the elector register on which objections have been noted in accordance with

section 54, the returning officer shall (

a) open the packet containing the elector registers on which objections have been noted and make a copy of the elector registers, and (

b) once a copy has been made, seal the packet with the returning officer’s seal.

(3) The copy of the elector registers made under subsection (2)(

a) shall be shown to the person who made the request and to any subsequent person who requests to view the copy.

(4) The secretary shall retain and dispose of the packet containing the copies of the elector register made under subsection (2)(a), if any, in accordance with

section 101.

30 Explanatory Notes and the ballot box shall be closed and sealed with a deputy’s seal so that it cannot be opened without breaking the seal and marked on the outside with the voting station name or number. 42 Elector registers with objection.

31 43

Section 94(1) is amended by striking out “voter” and substituting “elector”. 44

Section 95(2) is repealed and the following is substituted:

(2) Unless another enactment provides otherwise, (

a) if more than 50% of the persons voting vote in favour of the bylaw or affirmatively on the question, then the bylaw or the question is assented to by the electors, and (

b) if 50% or less of the persons voting vote in favour of the bylaw or affirmatively on the question, then the bylaw or question is defeated. 45

Section 98 is amended by adding the following after subsection (8):

(9) If a returning officer determines that a recount will be made in a local jurisdiction that is divided into wards or divisions, the returning officer may determine the number of voting stations for which a recount is required in accordance with subsection (1).

31 Explanatory Notes 43

Section 94(1) presently reads: 94(1) The presiding deputy personally shall as soon as practicable deliver to the returning officer the sealed ballot box, the ballot account and the copies made under

section 90 of the voter registers on which objections have been noted. 44

Section 95(2) presently reads:

(2) Unless another enactment provides otherwise, if more than 50% of the persons voting vote in favour of the bylaw or affirmatively on the question, then the bylaw or question is deemed to be assented to by the electors. 45

Section 98 presently reads in part: 98(1) The returning officer may make a recount of the votes cast at one or more voting stations if (

a) a candidate or an official ag ent or a scrutineer of a candidate recognized pursuant to

section 69 or, in the case of a vote on a bylaw or question, a scrutineer appointed pursuant to

section 70(1) shows grounds that the returning officer considers reasonable for alleging that the record of the result of the count of votes at any voting station is inaccurate, (

b) the returning officer considers that the number of (

i) valid ballots objected to, or (ii) rejected ballots other than those on which no vote has been cast by an elector, was sufficient to affect the result of the election if they had not been counted or rejected, as the case may be, or

32 46

Section 101 is amended by striking out “voter registers” wherever it occurs and substituting “elector registers”. 47

Section 115 is repealed and the following is substituted: Bylaw vote recount 115 Sections 103 to 110 and 112 to 114 apply, with necessary modifications, to a recount of the votes for and against a bylaw or question. 48

Section 118 is repealed.

32 Explanatory Notes (

c) the returning officer is of the opinion that there may have been an administrative or technical error that may cause an error in the count of votes.

(8) If votes have been taken and counted under

section 84, a reference in this

section to a voting station is deemed to include the place where the votes were counted. 46

Section 101 presently reads: 101 The secretary, unless otherwise ordered by a judge, shall retain copies of voter registers, if any, made under

section 90 and the ballot boxes with their seals unbroken for 6 weeks from the date of voting and then shall cause the ballot boxes to be opened and their contents destroyed, and cause copies of voter registers, if any, to be destroyed, in the presence of 2 witnesses and each of the 2 witnesses shall take an affidavit that the witness has witnessed the destruction of the contents of the ballot boxes. 47

Section 115 presently reads: 115 Sections 103 to 114 apply to a recount of the votes for and against a bylaw or question. 48

Section 118 presently reads: 118(1) In any election under this Act, the following expenses shall be held to be lawfully incurred and the payment of them is not a contravention of this Act: (

a) the actual personal expenses of the candidate; (

b) the cost of acquiring pr emises, accommodation, goods or services used for proper election campaign purposes; (

c) bona fide payments for the fair cost of printing and advertising; (

d) reasonable and ordinary payment to any person for the hire of transportation used

33 49

Section 120 is amended by striking out “a motion” and substituting “an application”.

33 Explanatory Notes (

i) by a candidate or speakers in travelling to and from public meetings, or (ii) by any person in connection with and for the proper purposes of an election.

(2) With respect to an election of a school board trustee under this Act, an elected authority may, by a bylaw passed prior to April 15 of a year in which a general election is held require that candidates prepare and disclose to the public statements of all their campaign contributions and campaign expenses and may prescribe how campaign contributions not used for campaign expenses must be used.

(2.1) If a bylaw is passed under subsection (2), the elected authority may require that the statements of campaign contributions and campaign expenses be audited in accordance with generally accepted auditing standards.

(2.2) If a bylaw is passed under subsection (2), a person eligible to vote in the election may request to examine the statements of campaign contributions and campaign expenses during regular business hours and in the presence of the returning officer, deputy or secretary.

(3) A bylaw passed under subsection (2) (

a) shall define “campaign contributions” and “campaign expenses”, and (

b) may prescribe forms for purposes of the bylaw.

(4) A person who contravenes a bylaw passed under this

section is guilty of an offence and liable to a penalty of not more than $1000, and on conviction the penalty enures to the benefit of the local jurisdiction in respect of which the election was conducted. 49

Section 120 presently reads: 120 A candidate elected at an election who is found guilty, on the hearing of a motion in the nature of a quo warranto, of bribery or of using undue influence

34 50

Section 144 is amended by adding “in the prescribed form” after “disclaimer” wherever it occurs. 51

Part 5.1 is repealed and the following is substituted:

Part 5.1 Election Finances and Contributions Disclosure

Interpretation 147.1(1) In this Part, (a) “campaign expense” means any expense incurred, or non-monetary contribution received, by a candidate to the extent that the property or service that the expense was incurred for, or that was received as a non-monetary contribution, is used to directly promote or oppose a candidate during a campaign period, and includes an expense incurred for, or a non-monetary contribution in relation to, (

i) the production of advertising or promotional material,

34 Explanatory Notes (

a) forfeits the elected office, and (

b) is ineligible to be nominat ed as a candidate until after 2 general elections have taken place following the candidate’s conviction. 50

Section 144 presently reads: 144(1) A disclaimer delivered (

a) before the election, or (

b) before the person disclaiming is complained of, relieves the person making it from all liability to costs.

(2) A disclaimer delivered or transmitted under this Act operates as a resignation and the vacancy so created shall be filled in the manner provided by this Act.

(3) A disclaimer delivered to the returning officer before election day may be posted by the returning officer in the voting stations. 51

Part 5.1 presently reads:

Part 5.1 Municipal Election Finance and Contribution Disclosure 147.1(1) In this Part, (a) “campaign contribution” means any money, personal property, real property or service that is provided to or for the benefit of a candidate or the candidate’s election campaign without fair market value compensation from that candidate but does not include services provided by a volunteer who voluntarily performs the services and receives no compensation, directly or indirectly, in relation to the services or time spent providing the services; (b) “campaign expense” means any expense referred to in

section 118(1);

35 (ii) the distribution, broadcas t or publication of advertising or promotional material in any media or by any other means during a campaign period, including by the use of a capital asset, (iii) the payment of remuneration and expenses to or on behalf of a person for the person’s services as a chief financial officer or in any other capacity, (iv) securing a meeting place, or (

v) the conduct of election surveys or other surveys or research during a campaign period; (b) “campaign period” means (

i) in the case of a general el ection, the period of time from January 1 to December 31 in a year in which a general election is held, and (ii) in the case of a by-electio n, the period of time set by bylaw or resolution to 60 days immediately following the by-election; (c) “contribution” means any m oney, personal property, real property or service that is provided to or for the benefit of a candidate’s election campaign without fair market value compensation from that candidate, but does not include a service provided by an individual who voluntarily performs the services and receives no compensation, directly or indirectly, in relation to the services or time spent providing the services; (d) “employee organization” means an organization, other than a trade union, that bargains collectively for employees; (e) “group” means an unincorporated group of individuals or corporations acting in consort for a common purpose and includes a trade union and an employee organization or any combination of individuals, corporations, trade unions or employee organizations; (f) “prohibited organization” means a corporation and an unincorporated organization, including a trade union and an employee organization;

35 Explanatory Notes (c) “campaign period” means (

i) for a candidate in a general election, the period of time from January 1 immediately following a general election to December 31 immediately following the next general election; (ii) for a candidate in a by-el ection, the period of time from January 1 immediately following a general election to 60 days immediately following the by-election; (d) “candidate” means an indivi dual nominated as a candidate for election as a councillor of a municipality under this Act or an individual who intends to be nominated as a candidate for such an election and accepts campaign contributions or incurs campaign expenses; (e) “employee organization” me ans any organization other than a trade union that bargains collectively for any employees in Alberta, and for the purposes of this Part all branches in Alberta of an employee organization are deemed to be one organization; (f) “person” includes any indivi dual other than a candidate, and any organization other than a corporation, employee organization or trade union; (g) “prohibited organization” means (

i) a municipality, (ii) a corporation that is controlled by a municipality and meets the test set out in

section 1(2) of the Municipal Government Act, (iii) a non-profit organization that has received since the last general election any of the following from the municipality in which the election will be held: (

A) grants, (

B) real property, or

36 (g) “trade union” means an organ ization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees.

(2) The value of a contribution, other than money, provided to a candidate is the fair market value of the contribution at the time it is provided.

(3) If any personal property, real property or service or the use of personal property or real property is provided to a candidate for a price that is less than the fair market value at the time it is provided, the amount by which the value exceeds the price is a contribution for the purposes of this Part.

(4) For the purposes of this section, the use of goods in a 2nd or subsequent election is a non-monetary contribution.

(5) In this section, “expense incurred” means an expense that is incurred, whether it is paid or unpaid. Application of

Part 147.12 This Part applies to candidates for election as a councillor in a municipality or as a trustee of a school board. Responsibility of contributors 147.13(1) A prospective contributor is responsible for ensuring, before making a contribution under this Act, that the contributor is not prohibited from making a contribution and is not making a contribution that is in excess of the limit prescribed by

section 147.2(3).

(2) Every candidate and every person acting on behalf of a candidate shall make every reasonable effort to advise prospective contributors of the provisions of this Part relating to contributions. Limitations on contributions 147.2(1) Only an individual ordinarily resident in Alberta may make a contribution to a candidate.

(2) No prohibited organization and no individual ordinarily resident outside Alberta shall make a contribution to a candidate.

36 Explanatory Notes (

C) personal property, (iv) a Provincial corporati on as defined in the Financial Administration Act, and includes a management body within the meaning of the Alberta Housing Act, (

v) a Metis settlement, (vi) a school board under the School Act, (vii) a public post-secondary institution under the Post-secondary Learning Act, (viii) any corporation that does not carry on business in Alberta, or (ix) any organization designated by the Lieutenant Governor in Council as a prohibited organization; (h) “trade union” means a trade union as defined by the Labour Relations Code, the Public Service Employee Relations Act or the Canada Labour Code (Canada) and that holds bargaining rights for employees in Alberta, and for the purposes of this Part all locals in Alberta of a trade union are deemed to be one trade union.

(2) Corporations that are associated with one another under

section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purposes of this Part but in determining whether and at what time corporations are associated for the purposes of this Part, subsection 256(1) of the Income Tax Act (Canada) shall be read as though the words “at any time in the year” were struck out.

(3) Nothing done or omitted to be done by a corporation is a contravention of this Part solely because that corporation subsequently becomes associated with any other corporation. 147.11(1) Any money up to and including $10 000 paid by a candidate out of the candidate’s own funds for the purposes of the candidate’s election campaign is not a campaign contribution for the purposes of this Part.

(2) If a candidate’s entire election campaign is funded exclusively out of the candidate’s own funds, the candidate is not required to

(3) No individual ordinarily resident in Alberta shall contribute in any campaign period an amount that exceeds (a) $4000 in the aggregate to candidates for election as councillors, and (b) $4000 in the aggregate to ca ndidates for election as school board trustees.

(4) Any amount paid by a candidate for campaign expenses from the candidate’s own funds that is not reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period is a contribution to the candidate’s own campaign and is subject to the limit prescribed by subsection (3).

(5) No candidate and no person acting on behalf of a candidate shall, directly or indirectly, solicit or accept a contribution if the candidate or person knows or ought to know that the prospective contributor is a prohibited organization or an individual ordinarily resident outside Alberta.

(6) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if the candidate or person knows or ought to know that the amount of the contribution will exceed the amounts referred to in subsection (3). Acceptance of contributions 147.22(1) No person shall accept a contribution or incur a campaign expense unless the person has been nominated as a candidate.

(2) No candidate and no person acting for a candidate shall accept a contribution or incur a campaign expense except during the campaign period. (3) Subsections (1) and (2) do not apply to a person who accepts not more than $2000 in the aggregate in contributions or who incurs not more than $2000 in the aggregate in campaign expenses, provided that the contributions are not accepted and the expenses are not incurred within the campaign period. Anonymous and unauthorized contributions 147.23 Any anonymous contributions and any contribution or portion of a contribution made in contravention of this

Part

37 Explanatory Notes (

a) open and deposit the funds in a campaign account at a financial institution in the name of the candidate’s election campaign or of the candidate, (

b) file a disclosure statement with the municipality setting out the total amount contributed by the candidate to the candidate’s own election campaign, or (

c) file a disclosure statement with the municipality listing the campaign expenses incurred during the candidate’s election campaign.

(3) This

section does not apply if the candidate receives or accepts any campaign contribution from any other person, corporation, trade union or employee organization. 147.2(1) Campaign contributions by any person, corporation, trade union or employee organization to a candidate shall not exceed $5000 in any year.

(1.1) Money paid by a candidate out of the candidate’s own funds to the candidate’s election campaign shall not exceed $10 000 in any campaign period.

(3) No prohibited organization, person normally resident outside Alberta or trade union or employee organization other than a trade union or employee organization as defined in this Part shall make any campaign contributions to a candidate.

(4) A corporation, trade union or employee organization that contravenes this

section is guilty of an offence and liable to a fine of not more than $10 000.

(5) A person or a candidate who contravenes this

section is guilty of an offence and liable to a fine of up to $5000. 147.21(1) No candidate may accept campaign contributions, including the funds of the candidate, unless the candidate is registered under this Act with the municipality in which the candidate intends to run.

(2) The municipality shall maintain a register of candidates in relation to each election and shall register in it any candidate who is eligible to be nominated at the time of registration and who files with the municipality an application for registration setting out

38 accepted by a candidate or a person acting on behalf of a candidate must not be used or expended, and the candidate or the person acting on behalf of the candidate shall (

a) return the contribution to the contributor if the contribu tor’s identity can be established, or (

b) if the contributor’s identity cannot be established, pay a n amount equivalent to the contribution to a registered charity or to the local jurisdiction for which the candidate is running for election. Contributions not belonging to contributor 147.24(1) No individual shall contribute to a candidate (

a) funds not belonging to that individual, or (

b) funds that have been given or furnished to the individual by another individual or a prohibited organization for the purpose of making a contribution of those funds to a candidate.

(2) No individual and no prohibited organization shall give or furnish funds to another individual for the purpose of having that other individual make a contribution of those funds to a candidate.

(3) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if the candidate or person knows or ought to know that the contribution is contrary to subsection (1). Duties of candidate 147.3(1) A candidate shall ensure that (

a) a campaign account in the name of the candidate or the candidate’s election campaign is opened at a financial institution for the purposes of the election campaign at the time of nomination or as soon as possible after the total amount of contributions first exceeds $1000 in the aggregate, (

b) if a campaign account has been opened in accordance with clause (a), all contributions of money are deposited into the campaign account,

38 Explanatory Notes (

a) the full name and address of the candidate, (

b) the addresses of the place or places where records of the candidate are maintained and of the place to which communications may be addressed, (

c) the names and addresses of the financial institutions to be used by or on behalf of the candidate as depositories for campaign contributions made to that candidate, and (

d) the names of the signing authorities for each depository referred to in clause (c).

(3) When there is any change in the information required to be provided under subsection (2), the registered candidate shall notify the municipality in writing within 48 hours after the change, and on receipt of the notice the municipality shall update the register of candidates accordingly.

(4) Notice under subsection (3) may be sent by fax or electronic mail.

(5) A candidate who contravenes subsection (1) or (3) is guilty of an offence and liable to a fine of not more than $1000.

(6) This

section does not apply to a candidate if the candidate’s entire election campaign is funded exclusively out of the candidate’s own funds up to a maximum of $10 000.

(7) This

section applies to a campaign period beginning on or after January 1, 2014. 147.3(1) A candidate shall ensure that (

a) a campaign account in the name of the candidate’s election campaign or of the candidate is opened at a financial institution for the purposes of the election campaign as soon as possible after (

i) the total amount of campaign contributions from any person, corporation, trade union or employee organization first exceeds $5000 in the aggregate, or (ii) the total amount of campaign contributions from any person, corporation, trade union or employee

39 (

c) money in the campaign account shall only be used for the payment of campaign expenses, (

d) contributions of real property, personal property and services are valued, (

e) receipts are issued for eve ry contribution and obtained for every expense, (

f) records are kept of contri butions and campaign expenses and are retained by the candidate for a period of 3 years following the date on which disclosure statements were required to be filed under

section 147.4, and (

g) proper direction is given to the candidate’s official agen t and any other person who is authorized to incur campaign expenses and accept or solicit contributions on behalf of the candidate.

(2) A candidate shall not knowingly make a false or misleading statement in any disclosure statement or financial statement or other information required to be filed under this Part. Fund-raising functions 147.31(1) In this section, “fund-raising function” includes any social function held for the purpose of raising funds for the candidate’s election campaign by whom or on whose behalf the function is held.

(2) The gross income from any fund-raising function must be recorded by the candidate on whose behalf the function was held.

(3) If a fund-raising function is held by the sale of tickets by or on behalf of a candidate, the amount of the contribution is to be determined under clause (

a) or under clause (b), at the option of the candidate: (

a) if the individual charge (

i) is $50 or less, it is not c onsidered to be a contribution unless the individual who pays the charge specifically requests that it be so considered, in which case 1/2 of the amount is allowed for expenses and 1/2 is considered to be a contribution,

39 Explanatory Notes organization in combination with any money paid by the candidate out of the candidate’s own funds first exceeds $5000 in the aggregate; (

b) if a campaign account has been opened in accordance with clause (a), all contributions of money are deposited into the campaign account; (

g) records are kept of campaign contributions and campaign expenses and are retained by the candidate for a period of 2 years following the date on which disclosure statements were required to be filed under

section 147.4; (

h) proper direction is given to the candidate’s official agent and any other person who is authorized to incur campaign expenses and accept or solicit campaign contributions on behalf of the candidate; (

i) a campaign contribution receive d in contravention of this Act is returned to the contributor as soon as possible after the candidate becomes aware of the contravention; (

j) an anonymous campaign contribution or a campaign contribution not returned to the contributor under clause (

i) is paid to the secretary for the municipality in which the election is held. 147.4(1) If a candidate’s election campaign is funded exclusively from campaign contributions from any person, corporation, trade union or employee organization or is funded from a combination of money paid by the candidate out of the candidate’s own funds and campaign contributions from any person, corporation, trade union or employee organization, then, on or before March 1 immediately following a general election or, in the case of a by-election, within 120 days after the by-election, a candidate shall file with the municipality a disclosure statement in the prescribed form, which must include (

a) the total amount of all campaign contributions received during the campaign period that did not exceed $100 in the aggregate from any single contributor, (

b) the total amount contributed, together with the contributor’s name and address, for each contributor whose contributions during the campaign period exceeded $100 in the aggregate,

40 (ii) is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be a contribution, and (iii) is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be a contribution; (

b) the amount of the contribution is the difference between t he price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

(4) The price paid at a fund-raising function in excess of the fair market value at that time for goods or services received is considered to be a contribution to the candidate’s election campaign. Receipts 147.32 Every candidate or a person acting on behalf of the candidate shall issue a receipt for every contribution accepted in a form acceptable to the local jurisdiction. Loans 147.33(1) A candidate (

a) may borrow money only from a financial institution, and (

b) shall record all loans and their terms and shall report accordingly to the relevant local jurisdiction.

(2) Only a person ordinarily resident in Alberta may make a payment on behalf of the borrower in respect of a loan to which subsection (1) applies.

(3) Any payment in respect of a loan to which subsection (1) applies made by a person referred to in subsection (2) becomes, for the purposes of this Act, including, without limitation,

section 147.2, (

a) a contribution by that individual, and (

b) a contribution accep ted by the borrower, if the individual is not reimbursed by the borrower before the borrower is next required to file a disclosure statement.

40 Explanatory Notes (

c) the total amount of money paid by the candidate out of the candidate’s own funds, (

d) the total amount of any campaign surplus, including any surplus from previous campaigns, and (

e) a financial statement setti ng out the total amount of revenue and expenses.

(1.1) If a candidate does not file nomination papers before the next general election, the candidate shall, within 6 months after the date of the next general election, (

a) if there is a surplus, donat e the amount of money disclosed under subsection (1)(

d) to a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada) or to the municipality where the candidate was declared elected in a previous general election, or (

b) if there is a deficit, eliminate the deficit.

(1.2) A candidate who has a deficit referred to in subsection (1.1)(

b) shall, within 30 days after the expiration of the 6-month period referred to in subsection (1.1), file an amended disclosure statement showing any campaign contributions accepted and any other funds received to eliminate the deficit.

(3) The municipality must ensure that all documents filed under this

section are available to the public during regular business hours. 147.5(1) On or before March 1 immediately following a general election or, in the case of a by-election, within 120 days after the by-election, if a candidate’s disclosure statement shows a surplus, the candidate shall pay the surplus to the municipality.

(2) The municipality shall hold any money received under subsection (1) in trust for the candidate at a financial institution.

(3) If the candidate in respect of whom the money is held under subsection (2) files nomination papers to be a candidate in the next general election or in a by-election called before that time, the municipality shall pay the money and interest calculated at the rate prescribed by the Lieutenant Governor in Council to the candidate for use in that election.

(4) This

section does not apply to the borrowing of money for purposes unrelated to the candidate’s election campaign. Campaign expense limits 147.34 No candidate and no chief financial officer of a candidate shall incur election expenses that exceed, in the aggregate, the amounts determined by the regulations. Campaign disclosure statements 147.4(1) On or before March 1 immediately following a general election or, in the case of a by-election, within 120 days after the by-election, a candidate shall file with the secretary of the candidate’s local jurisdiction a disclosure statement in the prescribed form, which must include (

a) the total amount of all c ontributions received during the campaign period that did not exceed $50 in the aggregate from any single contributor, (

b) the total amount contributed, together with the contributo r’s name and address, for each contributor whose contributions during the campaign period exceeded $50 in the aggregate, (

c) the total amount of all c ontributions received as referred to in

section 147.22(3), (

d) the total amount from fund-raising functions, (

e) the total amount of other revenue, (

f) the total amount of campaign expenses, (

g) an itemized campaign expense report setting out the campaign expenses incurred by the candidate, (

h) the total amount paid by the candidate out of the candidat e’s own funds not reimbursed from the candidate’s campaign fund, (

i) the total amount of any campaign surplus, including any surplus from previous campaigns, and (

j) the amount of any deficit.

41 Explanatory Notes

(4) If the candidate in respect of whom money is held in trust under subsection (2) does not file nomination papers before the next general election, the candidate shall, within 6 months of the date of the election, direct the municipality to donate the money and interest on that money calculated at the rate prescribed by the Lieutenant Governor in Council to a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada).

(5) If the municipality does not receive a direction under subsection (4), the money and interest on that money calculated at the rate prescribed by the Lieutenant Governor in Council become the property of the municipality. 147.7(1) A candidate who contravenes

section 147.4 or 147.5 and who fails to (

a) comply with that

section with in 30 days after the time period provided for in that section, and (

b) pay the municipality a late filing fee of $500, is guilty of an offence and liable to a fine of not more than $5000.

(2) If a candidate is found guilty of contravening

section 147.5, the Court may, in addition to the penalty provided for in subsection (1), order the candidate to pay any surplus to the municipality as soon as possible.

(3) Section 147.5(2) to (5) apply to money paid to a municipality pursuant to a court order under this section. 147.8(1) If a candidate fails to file a disclosure statement as required by

section 147.4 before the end of the late filing period provided under

section 147.7, the secretary shall transmit a report to that effect to council, which shall on its receipt make the report public.

(2) A candidate under subsection (1) may, within the 60-day period following the date on which the report under subsection (1) is made public, apply to the Court for relief.

(3) On hearing the application, the Court may (

a) dispense with compliance with

section 147.4, or any provision of it, if it considers that the non-compliance is due

(2) If a candidate’s disclosure statement from the election campaign shows a campaign deficit and the candidate does not file nomination papers before the next general election, the candidate shall eliminate the deficit within 6 months after the date of the next general election.

(3) A payment made by a candidate to eliminate a deficit referred to in subsection (2) is deemed not to be a contribution for the purpose of

section 147.2.

(4) A candidate who has a deficit referred to in subsection (2) shall, within 30 days after the expiration of the 6-month period referred to in subsection (2), file an amended disclosure statement showing that the deficit has been eliminated.

(5) With respect to the period during which a candidate is nominated, this

section applies to a candidate who withdraws as a candidate.

(6) If a candidate becomes aware that any of the information reported in the disclosure statement required under subsection (1) has changed or has not been completely or accurately disclosed, the candidate shall, within 30 days, submit a supplementary statement in the prescribed form to the local jurisdiction.

(7) The local jurisdiction must ensure that all documents filed under this

section are available to the public during regular business hours for a period of 4 years after the election. Campaign surplus 147.5(1) On or before March 1 immediately following a general election or, in the case of a by-election, within 120 days after the by-election, if a candidate’s disclosure statement shows a surplus, the candidate shall pay the amount of the surplus to the local jurisdiction.

(2) The local jurisdiction shall hold any amount received under subsection (1) in trust for the candidate at a financial institution.

(3) If the candidate in respect of whom the amount is held under subsection (2) files nomination papers to be a candidate in the next general election or in a by-election called before that time, the local jurisdiction shall pay the amount received under subsection (1) to the candidate for use in that election.

42 Explanatory Notes to circumstances beyond the control of the candidate and that it is not reasonably possible to comply with the section, (

b) extend the time for complianc e with

section 147.4, or any provision of it, if it finds mitigating reasons for non-compliance with the section, (

c) make any order that it c onsiders appropriate to secure compliance with as much of

section 147.4 as it considers reasonable in the circumstances, or (

d) refuse the application.

(4) A candidate may apply to the Court under this

section and name the municipality as the respondent. 147.91 The Lieutenant Governor in Council may make regulations (

a) designating organizations to be prohibited organizations for the purposes of this Part; (

b) prescribing the interest rate for the purposes of

section 147.5. 147.92(1) Sections 147.5, 147.7(2) and (3) and 147.91(

b) apply to campaign funds on or after December 1, 2015. (2) Subsection (1) is deemed to have come into force on February 3, 2010.

(4) If the candidate in respect of whom an amount is held in trust under subsection (2) does not file nomination papers before the next general election, the candidate shall, within 6 months of the date of the election, direct the local jurisdiction to donate the amount to a registered charity.

(5) If the local jurisdiction does not receive a direction under subsection (4), the money becomes the property of the local jurisdiction.

(6) This

section applies to candidates whether or not the candidate is elected. Late filing 147.7(1) In this section, “filing deadline” means the day by which a disclosure statement referred to in

section 147.4 is required to be filed with a local jurisdiction.

(2) A candidate who is required to file a disclosure statement under

section 147.4 and fails to file that document by the filing deadline must pay a late filing fee of $500 to the relevant local jurisdiction.

(3) A local jurisdiction shall not transmit a report in relation to a candidate under

section 147.8 if the return is filed no later than 10 days after the filing deadline.

(4) If the late filing fee is not paid within 30 days after the date the fee was payable, the local jurisdiction shall send a notice to the candidate, indicating the amount of the late filing fee that is required to be paid.

(5) If a candidate who is sent a notice by the local jurisdiction under subsection (4) fails to pay the late filing fee set out in the notice, the local jurisdiction may file a copy of the notice with the clerk of the Court of Queen’s Bench, and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. Effect of non-compliance in relation to disclosure statements 147.8(1) Subject to

section 147.7, if a candidate fails to file a disclosure statement as required by

section 147.4

43 Explanatory Notes

44 (

a) in the case of an election of municipal councillors, the secretary shall transmit a report to that effect to council, which shall on its receipt make the report public, and (

b) in the case of an election of school board trustees, the secretary of the school board shall transmit a report to that effect to the school board, which shall on its receipt make the report public.

(2) A candidate under subsection (1) may, within the 60-day period following the date on which the report under subsection (1) is made public, apply to the Court for relief.

(3) On hearing the application, the Court may (

a) dispense with complian ce with

section 147.4, or any provision of it, if it considers that the non-compliance is due to circumstances beyond the control of the candidate and that it is not reasonably possible to comply with that section, (

b) extend the time for complia nce with

section 147.4, or any provision of it, if it finds mitigating reasons for non-compliance with the section, (

c) make any order that it co nsiders appropriate to secure compliance with as much of

section 147.4 as it considers reasonable in the circumstances, or (

d) refuse the application.

(4) A candidate may apply to the Court under this

section and name the municipality or the school board, as the case may be, as the respondent.

(5) The decision of the Court is final and not subject to appeal. Prosecution 147.81 A prosecution under this Part may be commenced within 3 years of the commission of the alleged offence but not afterwards. Offences relating to contributions 147.82(1) A prohibited organization or a person acting on its behalf that contravenes

section 147.2 is guilty of an offence and liable to a fine of not more than $10 000.

44 Explanatory Notes

(2) An individual who contravenes

section 147.2 is guilty of an offence and liable to a fine of not more than $5000.

(3) A candidate who contravenes

section 147.22(1) or (2) is guilty of an offence and liable to a fine of not more than $1000.

(4) A candidate or a person acting on behalf of a candidate who fails to return or pay an amount referred to in

section 147.23(

a) or (

b) is guilty of an offence and liable to a fine of not more than $5000.

(5) A prohibited organization or a person acting on its behalf that contravenes

section 147.24 is guilty of an offence and liable to a fine of not more than $10 000.

(6) An individual who contravenes

section 147.24 is guilty of an offence and liable to a fine of not more than $5000. Failure of candidate to comply with duties 147.83 A candidate who contravenes

section 147.3 is guilty of an offence and liable to a fine of not more than $1000. Failure to file 147.84(1) A candidate who fails to comply with

section 147.4 by April 1 in the year following a general election, or, in the case of a by-election, within 150 days after the by-election, is guilty of an offence and liable to a fine of not more than $5000.

(2) If a candidate is found guilty of contravening

section 147.4, the Court may, in addition to the penalty provided for in subsection (1), order the candidate to pay any surplus to the local jurisdiction as soon as possible.

(3) Section 147.5(2) to (5) apply to money paid to a local jurisdiction pursuant to a court order under this section. Expenses more than maximum 147.85 A candidate who contravenes

section 147.34 is guilty of an offence and liable to a fine of not more than $10 000. Regulations and bylaw 147.91(1) The Minister may make regulations (

a) determining campaign expense limits for the purpose of

section 147.34;

45 Explanatory Notes

46 (

b) respecting transitional matters relating to the coming int o force of

An Act to Renew Local Democracy in Alberta not otherwise provided for in that Act, including remedying any confusion, difficulty, inconsistency or impossibility resulting from the enactment of that Act.

(2) An elected authority may pass a bylaw determining election advertising expense limits for the purpose of

section 165 in an amount that is less than the amount determined by regulation under subsection (1) (

a) with respect to a general el ection, prior to December 31 of the year before the general election is held, and (

b) with respect to a by-electio n, at least 180 days before the by-election at which the bylaw is to take effect. Transitional —

definitions 147.93 In sections 147.94 to 147.96, (a) “former Act” means the Local Authorities Election Act as it read immediately before the Bill received first reading; (b) “the Bill” means the Bill to enact

An Act to Renew Local Democracy in Alberta. Transitional — all candidates 147.94(1) In this section, “candidate” means a candidate for election as a municipal councillor and, subject to subsection (2), for election as a school board trustee.

(2) For the purpose of this section, an individual is a candidate for election as a school board trustee if, before the Bill receives first reading, the individual accepted contributions or incurred campaign expenses on or after January 1, 2018, for the purposes of a school board election campaign.

(3) Subject to subsection (4),

section 147.95(4) and 147.96(4), if a candidate or a person acting on behalf of a candidate received a contribution on or after January 1, 2018 but before the date the Bill receives Royal Assent, other than a contribution used to eliminate a deficit shown on the candidate’s disclosure statement for the most recent election campaign, the contribution is deemed to be collected in the next campaign period.

46 Explanatory Notes

(4) If a candidate or a person acting on behalf of a candidate receives a contribution from a prohibited organization, trade union or employee organization within the meaning of

section 147.1 of the former Act on or after the date the Bill receives first reading but before the date it receives Royal Assent, the candidate, no later than 30 days after the Bill receives Royal Assent, shall (

a) return the contribution to the contributor if the contribu tor’s identity can be established, or (

b) if the contributor’s identity cannot be established, pay a n amount equivalent to the contribution to a registered charity or to the local jurisdiction in which the individual is a candidate.

(5) If a candidate fails to comply with subsection (4), the candidate is deemed to have contravened

section 147.2(5) as enacted by

section 51 of

An Act to Renew Local Democracy in Alberta.

(6) A candidate who fails to comply with subsection (4) is guilty of an offence and liable to a fine of not more than $5000. Transitional — municipal candidates 147.95(1) In this section, “candidate” means a candidate for election as a municipal councillor.

(2) If during the campaign period that commenced January 1, 2018, money paid by a candidate in accordance with

section 147.11 of the former Act before the Bill receives first reading equalled or exceeded $4000, the candidate is not entitled to make any further contributions under

section 147.2, as enacted by

section 51 of

An Act to Renew Local Democracy in Alberta.

(3) An individual ordinarily resident in Alberta who, before the Bill receives first reading, made contributions in 2018 to one or more candidates in accordance with

section 147.2 of the former Act that in the aggregate equalled or exceeded $4000 shall not make any further contributions to a candidate in 2018 under

section 147.2, as enacted by

section 51 of

An Act to Renew Local Democracy in Alberta, and no candidate shall accept those contributions.

(4) On or after the day the Bill receives first reading but before the day it receives Royal Assent, if a candidate receives a contribution from a person who has, on or after January 1, 2018, already

47 Explanatory Notes

48 contributed $4000 or more to one or more candidates, the candidate, no later than 30 days after the Bill receives Royal Assent, shall return any contribution in excess of $4000 to the contributor, or pay an amount equivalent to the excess beyond $4000 to a registered charity or to the local jurisdiction in which the individual is a candidate.

(5) If a candidate fails to comply with subsection (2), (3) or (4), or an individual fails to comply with subsection (3), the candidate or the individual, as the case may be, is guilty of an offence and liable to a fine of not more than $5000. Transitional — school board trustee candidates 147.96(1) In this section, subject to subsection (2), “candidate” means a candidate for election as a school board trustee.

(2) For the purpose of this section, an individual is a candidate for election as a school board trustee if, before the Bill receives first reading, the individual accepted contributions or incurred campaign expenses on or after January 1, 2018, for the purposes of a school board election campaign.

(3) An individual ordinarily resident in Alberta who, before the Bill receives first reading, made contributions in 2018 to one or more candidates for school board trustee under the former Act that in the aggregate equalled or exceeded $4000 shall not make any further contributions to a candidate in 2018 under

section 147.2, as enacted by

section 51 of

An Act to Renew Local Democracy in Alberta, and no candidate shall accept those contributions.

(4) On or after the day the Bill receives first reading but before the day it receives Royal Assent, if a candidate receives a contribution from a person who has, since January 1, 2018, already contributed $4000 or more to one or more candidates, the candidate, no later than 30 days after the Bill receives Royal Assent, shall return any contribution in excess of $4000 to the contributor, or pay an amount equivalent to the excess beyond $4000 to a registered charity or to the local jurisdiction in which the individual is a candidate.

(5) A candidate shall, no later than 90 days after the Bill receives Royal Assent,

48 Explanatory Notes

49 (

a) file with the local authority a statement disclosing the t otal amount of all campaign contributions held by the candidate, and (

b) pay any campaign surplus he ld by the candidate to the local authority.

(6) If an individual fails to comply with subsection (3), or a candidate fails to comply with subsection (4) or (5), the candidate or the individual, as the case may be, is guilty of an offence and liable to a fine of not more than $5000.

(7) A bylaw made under

section 118 of the former Act applies only with respect to campaign expenses accepted and campaign expenses incurred before the Bill receives first reading, and

section 118(2.2) of the former Act continues to apply with respect to the examination of the statements of contributions and campaign expenses made under that section.

(8) Despite the repeal of

section 118 of the former Act, a school board may make bylaws respecting the transition from its bylaw passed under

section 118(2) of the former Act and the coming into force of

An Act to Renew Local Democracy in Alberta, for the purposes of reporting contributions. 52

Section 148 is amended (

a) by adding the following after subsection (3):

(3.1) No person shall obstruct any person carrying out an inquiry, investigation or examination under this Act or withhold from that person or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation or examination. (

b) in subsection (7) by adding “(3.1),” after “(3),”.

49 Explanatory Notes 52

Section 148 presently reads: 148(1) No person shall (

a) without authority supply a ballot to any person, (

b) fraudulently put into a ballot box any paper other than a ballot that the person is authorized by this Act to deposit, (

c) fraudulently take a ballot out of the voting station, (

d) without authority destroy, ta ke, open or otherwise interfere with any ballot box or packet of ballots then in use for the purpose of an election.

(2) No person shall

50 53

Section 152 is amended (

a) by repealing subsection (1) and substituting the following: Advertisement distribution 152(1) Subject to subsection (2), a person who, at an advance vote or on election day, (

a) displays within a building used for a voting station or on the property on which a building used for a voting station is located, or

50 Explanatory Notes (

a) request a ballot in the name of some other person, whether the name is that of a person living or dead or of a fictitious person, or (

b) having voted once, request at the same election a ballot in the person’s own name.

(3) No person shall vote knowing that the person has no right to do so.

(4) No person shall make or sign a false statement for any purpose related to an election or vote held or to be held under this Ac

Document details

Collection	Alberta — Bills
Citation	L29 S4 11768
Type	bill
Volume / chapter	L29 S4 11768
Language	en
Format	json
Source	PROVINCIAL
Identifier	064b584ae444fd9b1c58284e34eb8b44144257fb

Source file is stored in the law ingest library (json).