Bill 32 — Third Session, 29Th Legislature, 66 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 32 An Act To Strengthen and Protect Democracy In Alberta (Legislature 29, Session 3)

L29 S3 11725

Alberta — Bills

2017 Bill 32 Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 32

AN ACT TO STRENGTHEN AND PROTECT DEMOCRACY IN ALBERTA THE MINISTER RESPONSIBLE FOR DEMOCRATIC RENEWAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 32 BILL 32 2017

AN ACT TO STRENGTHEN AND PROTECT DEMOCRACY IN ALBERTA ( A s s e n t e d t o , 2 0 1 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1 Election Act Amends RSA 2000 cE-1 1 The Election Act is amended by this Part. 2

Section 1 is amended (

a) in subsection (1) (

i) in clause (b.1) (

A) in subclause (ii) by adding “and” after “polling day,”; (

B) by repealing subclause (iii); (ii) by adding the following after clause (e): (e.1) “community support centre” means a facility that provides services to people experiencing poverty or homelessness; (iii) by adding the following after clause (h):

1 Explanatory Notes Explanatory Notes

Part 1 Election Act 1 Amends

chapter E-1 of the Revised Statutes of Alberta 2000. 2

Section 1 presently reads in part: 1(1) In this Act, (b.1) “campaign period” means (

i) in the case of a general election held in accordance with

section 38.1(2), the period commencing on February 1 in the year in which the election is held and ending 2 months after polling day, (ii) in the case of a general election held other than in accordance with

section 38.1(2), the period commencing with the issue of a writ for the election and ending 2 months after polling day, (iii) in the case of an election held under the Senatorial Selection Act, the period commencing with the issue of a

2 (h.1) “Election Commissioner” means the Election Commissioner appointed under

section 153.01; (iv) in clause (

j) by striking out “, and has been for at least the immediately preceding 6 months,”; (

v) by adding the following after clause (k): (k.1) “emergency shelter” in cludes short-term housing for individuals experiencing homelessness, individuals escaping domestic violence, and other similar temporary housing; (vi) in clause (

y) by striking out “in a polling subdivision”; (vii) by adding the following after clause (hh): (hh.1) “special mobile poll” means a special mobile poll established under

section 125.1; (viii) in clause (kk.1)(ii) by striking out “for 10 or more electors at any one location”; (ix) in clause (ll) (

i) by striking out “, a sanatorium”. (

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

(5) Where this Act requires a document or record to be filed, established, maintained, returned, transmitted, produced, submitted or served, the Chief Electoral Officer may specify whether that document or record must be in printed form or in electronic form, or both.

2 Explanatory Notes writ for the election and e nding 2 months after polling day, and (iv) in the case of a by-el ection, the period commencing with the issue of a writ for the by-election and ending 2 months after polling day; (e) “clerk” means a clerk of the Court of Queen’s Bench; (h) “election” means an election of a person as a member of the Legislative Assembly conducted under this Act; (j) “elector” means a person who on (

i) polling day, in the case of an election, or (ii) a date fixed by the Chief Electoral Officer, in the case of an enumeration, is a Canadian citizen, is 18 years of age or older and is, and has been for at least the immediately preceding 6 months, ordinarily resident in Alberta; (k) “electoral division” means an area in Alberta established as an electoral division under the Electoral Divisions Act; (y) “polling station” means a pl ace where an elector in a polling subdivision casts the elector’s vote; (hh) “Special Ballot” means th e Special Ballot provided for by

section 116; (kk.1) “supportive living facility” means (

i) a lodge accommodation as de fined in the Alberta Housing Act, or (ii) a facility for adults or senior citizens that provides assisted living and accommodation for 10 or more electors at any one location but does not include a treatment centre; (ll) “treatment centre” means

3 3

Section 3(4) and (5) are amended by striking out “disability, neglect of duty, misconduct or bankruptcy” and substituting “cause or incapacity”. 4

Section 3.1(1) is amended by striking out “, the Senatorial Selection Act”. 5

Section 4 is amended (

a) in subsection (1) by striking out “and the Senatorial Selection Act” wherever it occurs;

3 Explanatory Notes (

i) a hospital, a sanatorium or a facility under the Mental Health Act, or (ii) any facility not referred to in subclause (i), providing medical treatment or care on an in-patient basis;

(4) For the purpose of this

section and sections 56(c.2) and 116(1)(c), “inmate” means a person who has been convicted of an offence and is serving his or her sentence in a correctional institution under the Corrections Act, in a penitentiary under the Corrections and Conditional Release Act (Canada), in a place of custody under the Youth Justice Act or the Youth Criminal Justice Act (Canada) or in any other similar institution outside Alberta, excluding a person sentenced to a term of imprisonment of 10 days or less or for the non-payment of fines. 3

Section 3 presently reads in part:

(4) The Lieutenant Governor in Council, on an address of the Assembly, may suspend or remove the Chief Electoral Officer from office for disability, neglect of duty, misconduct or bankruptcy.

(5) If the Legislature is not then sitting, the Lieutenant Governor in Council may suspend the Chief Electoral Officer from office for disability, neglect of duty, misconduct or bankruptcy proved to the satisfaction of the Lieutenant Governor in Council, but the suspension shall not continue in force beyond the end of the next sitting of the Legislature. 4

Section 3.1(1) presently reads: 3.1(1) Before beginning the duties of office, the Chief Electoral Officer shall take an oath to perform the duties of the office faithfully and impartially and, except as provided in this Act, the Senatorial Selection Act or the Election Finances and Contributions Disclosure Act, not to disclose any information received by the Office of the Chief Electoral Officer under this or any other Act. 5

Section 4 presently reads: 4(1) The Chief Electoral Officer shall

4 (

b) by repealing subsection (1.1); (

c) by repealing subsection (2) and substituting the following:

(2) The Chief Electoral Officer shall from time to time (

a) provide the public with information about the election process, the democratic right to vote, the right to be a candidate and, generally, about the operation of this Act and the Election Finances and Contributions Disclosure Act, (

b) implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights, and (

c) prepare educational materials for students who have reached voting age or will soon do so and make them available to a board of a school district or division or an operator of a private school or charter school for distribution to their students, including information on how to request access to information in the register about themselves and how to have their personal information removed or not included in the register.

(2.01) For the purposes of subsection (2)(c), “charter school”, “private school” and “board” mean “charter school”, “private school” and “board” as defined in the School Act. (

d) in subsection (2.1) by striking out “, the Election Finances and Contributions Disclosure Act or the Senatorial Selection Act” and substituting “or the Election Finances and Contributions Disclosure Act”; (

e) in subsection (3) by striking out “, an election under the Senatorial Selection Act”; (

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

(3.1) Notwithstanding subsection (3), if, in the Chief Electoral Officer’s opinion, an emergency, disaster, or an unusual or unforeseen circumstance requires delaying the opening of a

4 Explanatory Notes (

a) provide guidance, directi on and supervision respecting the conduct of all elections, enumerations and plebiscites conducted under this Act and the Senatorial Selection Act and plebiscites and referendums under any other Act to which this Act applies; (

b) enforce fairness and impartiali ty on the part of all election officers in the conduct of their duties and compliance with this Act and the Senatorial Selection Act; (

c) issue to election officers any guidance, direction and information the Chief Electoral Officer considers necessary to ensure the effective carrying out of their duties under this Act and the Senatorial Selection Act; (

d) perform all duties assigned to the Chief Electoral Officer by this or any other Act.

(1.1) The Chief Electoral Officer may, on the Chief Electoral Officer’s own initiative or at the request of another person or organization, conduct an investigation into any matter that might constitute an offence under this Act.

(2) The Chief Electoral Officer may provide information to the public about the election process and the democratic right to vote.

(2.1) The Chief Electoral Officer may from time to time meet with representatives of the registered political parties that are represented in the Legislative Assembly concerning the election process or activities under this Act, the Election Finances and Contributions Disclosure Act or the Senatorial Selection Act.

(3) The Chief Electoral Officer may, where the Chief Electoral Officer considers it necessary for the efficient conduct of an election, enumeration or plebiscite under this Act, an election under the Senatorial Selection Act or a plebiscite or referendum under any other Act to which this Act applies, (

a) extend the time for doing any thing under this Act, except (

i) the time for the holding of an election, and (ii) the time by which a nomi nation paper must be filed, (

b) increase the number of election officers or enumerators,

5 polling place or interrupting voting at a polling place, the Chief Electoral Officer may adjourn voting at that polling place to another time on the same day at the same polling place or to the same time or another time on the same day at a different polling place if the emergency, disaster, or unusual or unforeseen circumstance (

a) has a significant effect on the ability of the Chief Electoral Officer or a returning officer to conduct an election, (

b) has a significant effect on the ability of electors to attend a polling place, or (

c) puts or may put the health or safety of persons in an electoral division at risk.

(3.2) The Chief Electoral Officer shall immediately notify registered political parties, registered candidates and registered candidates’ official agents in the affected electoral division about any change in voting hours or the location of a polling place made under subsection (3.1) and publish the change on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

(3.3) If a different polling place is fixed under subsection (3.1), the returning officer shall cause a conspicuous sign that clearly and accurately states the location of the new polling place to be attached to the original place where the polling place was to be located.

(3.4) Voting adjourned under subsection (3.1) must, when recommenced, continue so that the total number of hours the polling place is open for the purpose of voting is the same as that required under

section 88(1)(c).

(3.5) If the Chief Electoral Officer is of the opinion that an adjournment is insufficient to address the circumstances set out in subsection (3.1), the Chief Electoral Officer may apply to a judge of the Court to discontinue the election in any one or more electoral divisions and commence a new election at another day and time.

5 Explanatory Notes (

c) appoint other persons as elect ion officers to carry out duties authorized by the Chief Electoral Officer, for the faithful performance of which those persons are to be sworn, (

d) increase the number of polling stations, (

e) omit or vary a prescribed fo rm, except the ballot, to suit the circumstances, and (

f) generally, adapt the prov isions of this Act to the circumstances.

(4) The Chief Electoral Officer may remove any election officer from office for disability or misconduct or for failing to perform his or her work satisfactorily and may order that election officer to deliver all materials in the election officer’s possession relating to that office to a designated person.

(5) The Chief Electoral Officer shall, immediately after each enumeration, general election, election under the Senatorial Selection Act, by-election or plebiscite or a plebiscite or referendum under any other Act, prepare and have printed a report including (

a) a

summary of the Chief Electoral Officer’s conduct respecting the enumeration, general election, election under the Senatorial Selection Act, by-election, plebiscite or referendum, as the case may be, (

b) a breakdown of results and a

summary of costs, and (

c) any recommendations for am endments to this Act or the Senatorial Selection Act, as the case may be.

(6) The Chief Electoral Officer shall transmit the report prepared under subsection (5) to the Standing Committee, which shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly.

(3.6) If the Court grants the application under subsection (3.5), (

a) the election for th e electoral division that is the subject of the application shall be discontinued, (

b) a new election for the elect oral division that is the subject of the application shall be commenced under

section 39 as if the election were a by-election within 6 months of the date of the application, and (

c) nominations of candidates previously filed remain valid for the new election.

(3.7) The Chief Electoral Officer shall publish a notice that the election has been discontinued under subsection (3.5) on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

(3.8) This Act applies to an election under subsection (3.5) as if it were a by-election.

(3.9) If voting is adjourned under subsection (3.1) or the election is discontinued under subsection (3.5), returning officers, deputy returning officers and election officers must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised. (g) subsection (4) is amended by striking out “disability” and substituting “cause, incapacity”; (

h) in subsection (5) (

i) by striking out “, election under the Senatorial Selection Act” wherever it occurs; (ii) in clause (

c) by striking out “or the Senatorial Selection Act, as the case may be”; (

i) by adding the following after subsection (6):

(7) The Chief Electoral Officer shall after the end of each year prepare a report on the exercise of the Chief Electoral Officer’s functions under this Act, including any recommendations for amendments to this Act, and shall

6 Explanatory Notes

7 transmit the report to the Standing Committee on Legislative Offices, which shall, on its receipt, lay the report before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting of the Assembly.

(8) A report made under subsection (7) may be combined with a report made under

section 4(2) of the Election Finances and Contributions Disclosure Act. 6 The following is added after

section 4.1: Directives issued by the Chief Electoral Officer 4.11(1) If the Chief Electoral Officer determines that equipment referred to in

section 4.12 will be used in an election, the Chief Electoral Officer shall, no later than 7 days after a writ of election is issued, (

a) make a directive (

i) describing in detail the procedures and equipment to be used at that election, (ii) describing in detail how the Act will be modified in order to enable the use of the equipment at that election, and (iii) referring to the provisions of this Act that will not be complied with and specifying the nature and extent of non-compliance in each case, (

b) provide copies of the di rective to the leader of each registered political party, to any member of the Legislative Assembly who is not a member of a registered political party and to any independent candidate, and (

c) publish the directive on the Chief Electoral Officer’s website.

(2) The Chief Electoral Officer’s directive may apply to any one or more of the following: (

a) one or more electoral divisions;

7 Explanatory Notes 6 Directives issued by the Chief Electoral Officer; accessible voting equipment.

8 (

b) voting at an advance poll; (

c) voting at a mobile poll; (

d) voting at a special mobile poll; (

e) voting by Special Ballot or Secured Special Ballot; (

f) voting at a poll held on polling day.

(3) An election held in accordance with a directive made under this

section is not invalid by reason of any non-compliance with this Act where the non-compliance is related to the procedures and equipment set out in the directive.

(4) To the extent of any conflict between this Act and a directive made under this section, the directive prevails.

(5) The Chief Electoral Officer shall include a

summary of the use at an election of any equipment authorized by a directive issued under this

section in the Chief Electoral Officer’s report under

section 4(5).

(6) For the purpose of

section 4.12(2)(c), testing includes, without limitation, logic and accuracy testing. Accessible voting equipment 4.12(1) The Chief Electoral Officer may issue a directive in accordance with

section 4.11 authorizing the use of accessible voting equipment during an election.

(2) The following restrictions apply with respect to the use of accessible voting equipment: (

a) the equipment must allow the elector to vote privately and independently; (

b) 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 Chief Electoral Officer; (

c) the equipment must be tested,

8 Explanatory Notes

9 (

i) before the first elector uses the equipment to vote, and (ii) after the last elector uses the equipment to vote; (

d) the information presented on a ballot made available to the elector through the equipment before voting must comply with

section 83, with necessary modifications; (

e) the equipment must create a paper ballot that records the vote cast, is retained in the same way as ordinary ballots and includes the name of the electoral division; (

f) the equipment must, before the paper ballot is printed, allow the elector to verify the elector’s vote without the assistance of another person; (

g) the equipment or the process used must, after the paper ballot is printed but before casting the elector’s vote, allow the elector to verify the elector’s vote; (

h) the equipment must not be used in a way that enables the choice of an elector to be made known to an election officer or scrutineer.

(3) Accessible voting equipment shall not be used unless an entity that the Chief Electoral Officer considers to be an established independent authority on the subject of voting equipment has certified that the equipment meets acceptable security and integrity standards.

(4) In this section, “accessible voting equipment” means voting equipment that enables electors requiring assistance to vote independently. 7

Section 4.2 is amended (

a) by repealing subsection (1) and substituting the following: Inquiries 4.2(1) For the purposes of carrying out an inquiry under this Act, the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the inquiry were an inquiry under that Act.

9 Explanatory Notes 7

Section 4.2 presently reads: 4.2(1) For the purpose of carrying out an inquiry or conducting an investigation under this Act, the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the investigation or inquiry were an inquiry under that Act.

(2) For the purpose of carrying out an inquiry or conducting an investigation under this Act, a representative of the Chief Electoral

10 (

b) in subsection (2) (

i) by striking out “or conducting an investigation”; (ii) by striking out “the investigation” and substituting “the inquiry”; (

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

(2.1) Before entering a private dwelling or a part of premises used as a private dwelling to carry out the powers described in subsection (2), a representative of the Chief Electoral Officer shall (

a) obtain the consent of the occupant or the legal representative of the occupant of the private dwelling or the part of the premises used as a private dwelling, or (

b) obtain an order from the Court. 8 Sections 4.3 and 4.4 are repealed.

10 Explanatory Notes Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association or candidate relevant to the subject-matter of the investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

(3) A registered political party, registered constituency association or registered candidate shall, within 30 days after receiving a written request from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine, provide any information with respect to the affairs of the registered political party, registered constituency association or registered candidate that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act. 8 Sections 4.3 and 4.4 presently read: 4.3(1) At any time before completing an investigation referred to in

section 4(1.1), the Chief Electoral Officer shall notify any person or organization who is the subject of the investigation that the person or organization is being investigated and inform the person or organization of the nature of the matter being investigated, unless the Chief Electoral Officer believes that doing so would compromise or impede the investigation.

(2) The Chief Electoral Officer may refuse to conduct or may cease an investigation if the Chief Electoral Officer is of the opinion that (

a) the matter is friv olous or vexatious, or (

b) there are no or insufficient grounds to warrant an investigation or the continuation of an investigation.

(3) The Chief Electoral Officer shall not make an adverse finding against a person or organization unless that person or organization has had reasonable notice of the substance of the allegations and a reasonable opportunity to present his or her or its views.

11 Explanatory Notes

(4) If the Chief Electoral Officer refuses to conduct or ceases an investigation under subsection (2) or determines that no offence was committed, the Chief Electoral Officer (

a) shall provide notice of that decision to (

i) every person or organization who (

A) is the subject of the investigation, or (

B) would have been the subject of an investigation if the Chief Electoral Officer had not refused to conduct an investigation, and (ii) every person or organization who requested an investigation, if any, and (

b) may, as the Chief Electoral Officer considers to be appropriate, provide notice of that decision to any other person or organization involved in the matter referred to in

section 4(1.1). 4.4(1) Except as provided in subsections (2) and (3), the Chief Electoral Officer, any former Chief Electoral Officer and every person who is or was employed or engaged by the Office of the Chief Electoral Officer shall maintain the confidentiality of all information and allegations that come to their knowledge in the course of an inquiry or investigation.

(2) Information and allegations to which subsection (1) applies may be (

a) disclosed to the person or organization whose conduct is the subject of proceedings under this Act; (

b) disclosed by a person conducting an investigation to the extent necessary to enable that person to obtain information from another person; (

c) adduced in evidence at an inquiry;

12 9

Section 9 is amended (

a) in subsection (1) (

i) by striking out “, 2 years after a general election,”; (ii) by striking out “and elections under the Senatorial Selection Act”; (

b) in subsection (1.1) (

i) by striking out “under this Act or an election under the Senatorial Selection Act”; (ii) by striking out “or the election under the Senatorial Selection Act”; (

c) in subsection (2) by striking out “a resident elector of that electoral division and” and substituting “an elector”; (

d) by repealing subsection (2.1); (

e) in subsection (4)

12 Explanatory Notes (

d) disclosed where the Chief Electoral Officer believes on reasonable grounds that the disclosure is necessary for the purpose of advising the Minister of Justice and Solicitor General or a law enforcement agency of an alleged offence under this Act or any other enactment of Alberta or

an Act or regulation of Canada.

(3) Findings and decisions and any additional information that the Chief Electoral Officer considers to be appropriate shall be published on the Chief Electoral Officer’s website in the following circumstances: (

a) if a penalty is imposed or a letter of reprimand is issued under

section 153.1; (

b) if the Chief Electoral O fficer has provided notice under

section 4.3(4) and receives a written request for disclosure from a person or organization who received the notice. 9

Section 9 presently reads in part: 9(1) The Chief Electoral Officer may, 2 years after a general election, appoint a returning officer for each electoral division for the purposes of or in connection with elections, enumerations and plebiscites under this Act and elections under the Senatorial Selection Act.

(1.1) If a by-election or plebiscite under this Act or an election under the Senatorial Selection Act is to be conducted under this Act before returning officers are appointed under subsection (1), returning officers may be appointed for the purpose of the by-election or plebiscite or the election under the Senatorial Selection Act.

(2) The returning officer for an electoral division must be a resident elector of that electoral division and must not be ineligible under

section 46 for appointment.

(2.1) Where, in the opinion of the Chief Electoral Officer, the Chief Electoral Officer is unable to appoint a qualified person resident within an electoral division as returning officer for that electoral division, the Chief Electoral Officer may appoint as returning officer an elector resident in any other electoral division as the Chief Electoral Officer considers appropriate.

13 (

i) by striking out “publish in The Alberta Gazette the name and address” and substituting “publish the name and electoral division”; (ii) by adding “on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers appropriate” after “electoral division”. 10 The following is added after

section 9: Hiring policy 9.1(1) The Chief Electoral Officer shall establish a hiring policy, including policies surrounding conflicts of interest, relating to the hiring of election officers, enumerators and employees on the basis of merit.

(2) The policy established under subsection (1) must be published on the Chief Electoral Officer’s website and in any other manner determined by the Chief Electoral Officer. 11

Section 11 is repealed and the following is substituted: Remuneration of election officers and enumerators 11 All election officers and enumerators shall, on performance of their duties at the request of the Chief Electoral Officer or at the request of a returning officer, be paid remuneration, fees and expenses as established by the Chief Electoral Officer. 12

Section 13(1) is amended by striking out “, elections under the Senatorial Selection Act”.

13 Explanatory Notes

(4) The Chief Electoral Officer shall publish in The Alberta Gazette the name and address of the returning officer appointed for each electoral division. 10 Hiring policy. 11

Section 11 presently reads: 11 All returning officers shall, on performance of their duties at the request of the Chief Electoral Officer, be paid (

a) an honorarium of the same amount, and (

b) fees and expenses at the same rate, prescribed by the Lieutenant Governor in Council. 12

Section 13(1) presently reads: 13(1) The Chief Electoral Officer shall maintain a register of electors from which lists of electors for polling subdivisions for each electoral division may be compiled for use at general elections, by-elections or plebiscites under this Act, elections under the Senatorial Selection Act or referendums or plebiscites under any other Act.

14 13

Section 13.1 is amended (

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

(3.1) At the request of the Chief Electoral Officer, the Department, as defined in the Health Information Act, may in the manner that the Department considers appropriate, provide personal health numbers and the information set out in

section 13(2)(

a) to (

f) of this Act with respect to persons ordinarily resident in Alberta who are electors or will be eligible to be electors that is in the custody or under the control of the Department to the Chief Electoral Officer, for the purpose of maintaining and revising the register. (

b) by adding the following after subsection (5):

(6) At the request of the Chief Electoral Officer, the Minister of Education, a board of a school district or division or an operator of a private school or charter school shall disclose to the Chief Electoral Officer the information referred to in

section 13(2)(

a) to (

f) with respect to students who are at least 16 years of age enrolled in a school operated by a board or operator for use by the Chief Electoral Officer for the purpose of maintaining and revising the register.

(7) For the purposes of subsection (6), “charter school”, “private school” and “board” mean “charter school”, “private school” and “board” as defined in the School Act. 14

Section 16 is amended (

a) in clause (

b) by adding “and” after “age,”; (

b) by repealing clause (c).

14 Explanatory Notes 13

Section 13.1 presently reads in part:

(3) A public body as defined in the Freedom of Information and Protection of Privacy Act shall, at the request of the Chief Electoral Officer, (

a) for the purpose of subsection (2)(c), provide personal information held by that public body, and (

b) provide address, mapping, demographic or geographic information, including geospatial information.

(5) The Chief Electoral Officer may retain information collected under subsection (2) but not included in the register, for the purpose of correlating information contained or to be included in the register. 14

Section 16 presently reads in part: 16 Subject to

section 45, a person is eligible to have the person’s name included on a list of electors if that person as of a date fixed by the Chief Electoral Officer (

b) is at least 18 years of age, (

c) has been or will have been ordinarily resident in Alberta for at least 6 months as of that date, and

15 15

Section 18(1)(

b) is repealed. 16

Section 21 is repealed and the following is substituted: Enumerations 21(1) Prior to the general election to be held following the 2015 general election, the Chief Electoral Officer shall conduct a door-to-door enumeration of every electoral division, including an enumeration of Indian reserves and Metis settlements.

(2) The Chief Electoral Officer shall give reasonable notice in writing to the council of each Indian band and to the settlement council and settlement administrator of each Metis settlement prior to an enumeration of the electors on the Indian reserve or on the Metis settlement, respectively, providing notice that enumerators will be conducting an enumeration in the area.

(3) The Chief Electoral Officer shall consult with the council of each Indian band and with the council and settlement administrator of each Metis settlement with respect to the manner in which the enumeration can most effectively be conducted.

(4) Following the enumeration referred to in subsection (1), the Chief Electoral Officer shall table a report with the Standing Committee that includes the following information:

15 Explanatory Notes 15

Section 18(1) presently reads: 18(1) The Chief Electoral Officer shall furnish the information referred to in subsection (2) free of charge to each registered political party and to each member of the Legislative Assembly who is not a member of a registered political party, (a) 2 years after a general election, (

b) during the 4th and 5th yea rs after a general election, (

c) as soon as possible after th e register is updated after the

Schedule of electoral divisions in the Electoral Divisions Act is amended or re-enacted, and (

d) as soon as possible after the receipt by the Chief Electoral Officer of the Clerk’s warrant delivered pursuant to

section 32 of the Legislative Assembly Act. 16

Section 21 presently reads: 21(1) The Chief Electoral Officer may, at any time the Chief Electoral Officer considers it advisable, conduct an enumeration of all or some of the electoral divisions, or within an electoral division, as directed by the Chief Electoral Officer.

(2) An enumeration is to be conducted during a period determined by the Chief Electoral Officer and is to be followed by at least one day for revisions as determined by the Chief Electoral Officer.

16 (

a) the number of residences contacted during an enumeration; (

b) the percentage of persons who responded to the enumeration; (

c) the number of Indian reserves and Metis settlements contacted by the Chief Electoral Officer for the purposes of conducting an enumeration; (

d) the number of Indian reserves and Metis settlements that participated in the enumeration; (

e) any challenges encountered in hiring persons to conduct door-to-door enumerations and the impact of door-to-door enumerations on other election officers; (

f) the cost of conducting the enumeration; (

g) any other matter the Chie f Electoral Officer considers appropriate.

(5) The Standing Committee shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly.

(6) The Lieutenant Governor in Council may make regulations respecting the manner in which an enumeration, if any, may be conducted following the enumeration referred to in subsection (1).

(7) Notwithstanding anything in this section, the Chief Electoral Officer may, at any time the Chief Electoral Officer considers it advisable, conduct an enumeration of all or some of the electoral divisions, or within an electoral division.

(8) In this section, (a) “council” means the “council of the band” within the meaning of the Indian Act (Canada); (b) “Indian band” means a band within the meaning of the Indian Act (Canada);

16 Explanatory Notes

17 (c) “settlement administrator” means the person appointed by the settlement council as the senior administrative officer of the settlement, within the meaning of the Metis Settlements Act; (d) “settlement council” means the council of a Metis settlement within the meaning of the Metis Settlements Act. 17

Section 24(

a) is repealed. 18

Section 25 is amended (

a) by repealing subsection (1) and substituting the following: Enumerators for subdivisions 25(1) Each returning officer shall, in accordance with the directions of the Chief Electoral Officer, appoint an enumerator for each subdivision in an electoral division. (

b) in subsection (2) by striking out “as an enumerator for a subdivision a 2nd resident elector for the” and substituting “a 2nd enumerator for a”; (

c) by repealing subsection (7).

17 Explanatory Notes 17

Section 24 presently reads: 24 The following persons may not be appointed or act as enumerators: (

a) persons who are not electors; (

b) members of the Parliament of Canada; (

c) members of the Legislative Assembly; (

d) candidates; (

e) official agents; (

f) judges of federal or provincial courts; (

g) persons who have within th e immediately preceding 10 years been convicted of an indictable offence for which the penalty that may be imposed is greater than 2 years’ imprisonment. 18

Section 25 presently reads in part: 25(1) Each returning officer shall in accordance with the directions of the Chief Electoral Officer appoint, as an enumerator for each subdivision in the electoral division, one elector resident in that electoral division.

(2) The returning officer may, with the approval of the Chief Electoral Officer, appoint as an enumerator for a subdivision a 2nd resident elector for the subdivision if the returning officer considers it necessary for the completion of the enumeration or the security of the enumerator.

18 19

Section 30 is amended (

a) in subsection (2) (

i) in clause (

b) by adding “and” after “age,”; (ii) by repealing clause (c); (

b) in subsection (4) by adding “unless the returning officer or the Chief Electoral Officer is of the opinion that there are a sufficient number of electors who are residing in the institution” after “similar institutions”; (

c) by adding the following after subsection (10):

(11) Notwithstanding anything in this section, the Chief Electoral Officer may direct an enumerator not to visit an assigned residence if, in the Chief Electoral Officer’s opinion, the safety of an enumerator may be at risk.

18 Explanatory Notes

(7) If sufficient qualified persons are not available from among those persons resident within an electoral division, the returning officer may appoint as enumerators qualified persons from any other electoral divisions as the returning officer considers appropriate. 19

Section 30 presently reads in part:

(2) Subject to subsection (10), each enumerator shall contact, either in person, by telephone or by mail, as directed by the returning officer, each assigned residence in the subdivision to determine which persons residing in the assigned residence (

a) are Canadian citizens, (

b) are at least 18 years of age, (

c) have been or will have been ordinarily resident in Alberta for at least 6 months, and (

d) are ordinarily resident in the electoral division and subdivision for which those persons are to have their names included on the list of electors, as of a date determined by the Chief Electoral Officer, and shall record on the form provided by the Chief Electoral Officer the

19 20

Section 34 is repealed. 21

Section 35 is repealed. 22

Section 36 is repealed.

19 Explanatory Notes information referred to in

section 13(2)(

a) to (

f) with respect to those persons.

(4) An enumerator is not to visit or contact treatment centres, students’ residences operated by an educational institution and exempted by the Chief Electoral Officer, temporary work camps, penitentiaries, correctional institutions, remand centres, detention centres, emergency shelters or any similar institutions.

(10) The Chief Electoral Officer may direct a returning officer for an electoral division that assigned residences be contacted within that electoral division by means other than those referred to in subsection (2). 20

Section 34 presently reads: 34 When the returning officer has accepted all the forms completed under

section 30(2) and any forms returned under

section 30(9) for the subdivisions in the returning officer’s electoral division, the returning officer shall publish in one or more newspapers of general circulation in the returning officer’s electoral division and on the Chief Electoral Officer’s website the dates, times and places for consideration of applications for revisions to the information. 21

Section 35 presently reads: 35(1) During the period of revision, the returning officer shall make individual information available for confirmation or correction to the individual concerned until the end of the period of time for revisions to the information.

(2) The returning officer may make the information available only to the person whom the information is about or to an agent of the person.

(3) Any person requesting access to information for the purpose set out in subsection (1) shall complete and sign a declaration. 22

Section 36 presently reads: 36(1) The returning officer for each electoral division shall attend at the returning officer’s office between the hours of 11 a.m. and 9

20 23

Section 37 is repealed. 24

Section 38.1(2) is amended by striking out “a general election shall be held within the 3-month period beginning on March 1, 2012 and ending on May 31, 2012, and afterwards,”.

20 Explanatory Notes p.m. during the revision period to consider applications for revisions to the information.

(2) If a returning officer considers it necessary, the returning officer may, with the prior approval of the Chief Electoral Officer, fix additional dates, times and places for consideration of applications for revisions to the information.

(3) The returning officer shall publish in one or more newspapers of general circulation in the returning officer’s electoral division and on the Chief Electoral Officer’s website the details of any additional dates, times and places for consideration of applications for revisions so as to give not less than 2 days’ notice of the information. 23

Section 37 presently reads: 37 If, before the time fixed for concluding revisions to the information, the returning officer is satisfied from representations made to the returning officer or by independent inquiry (

a) that the name of any qualified person has been omitted for the subdivision to which that person belongs, the returning officer shall add the name and shall attest the addition, (

b) that the name of any unqualifi ed person has been included for a subdivision, the returning officer shall delete the name and shall attest the deletion, or (

c) that any information about an elector is inaccurately stated, the returning officer shall make the necessary changes and shall attest the change. 24

Section 38.1(2) presently reads:

(2) Subject to subsection (1), a general election shall be held within the 3-month period beginning on March 1, 2012 and ending on May 31, 2012, and afterwards, general elections shall be held within the 3-month period beginning on March 1 and ending on May 31 in the 4th calendar year following polling day in the most recent general election.

21 25

Section 42 is amended by adding “, or as soon as practicable after transmitting the writ to a returning officer” after “returning officer”. 26

Section 43 is amended (

a) by striking out “a person is eligible to vote at an election if that person is an elector and ordinarily resident on polling day in the polling subdivision in which the person seeks to vote, and” and substituting “an elector is eligible to vote for a candidate in the electoral division where the elector is ordinarily resident if”; (

b) in clause (

a) by striking out “person’s” and substituting “elector’s”; (

c) in clause (

b) by striking out “person” and substituting “elector”; (

d) in clause (

c) by striking out “person’s” and substituting “elector’s”. 27

Section 46 is repealed and the following is substituted: Persons ineligible to be election officers 46(1) The following persons shall not be appointed or act as returning officers or election clerks: (

a) persons who are not electors; (

b) members of the Parliament of Canada; (

c) members of the Legislative Assembly; (

d) councillors under the Municipal Government Act; (

e) trustees of a board of trustees under the School Act; (

f) candidates; (

g) official agents;

21 Explanatory Notes 25

Section 42 presently reads: 42 When transmitting a writ to a returning officer, the Chief Electoral Officer shall also forward sufficient copies of the lists of electors for the electoral division and a supply of election forms and materials. 26

Section 43 presently reads: 43 Subject to

section 45, a person is eligible to vote at an election if that person is an elector and ordinarily resident on polling day in the polling subdivision in which the person seeks to vote, and (

a) that person’s name appears on the list of electors for the polling subdivision, (

b) that person signs a declaration under

section 95, or (

c) that person’s name has been entered in the Special Ballot Poll Book and the person has properly completed

part 1 of the certificate referred to in

section 118(2)(d). 27

Section 46 presently reads: 46 The following persons shall not be appointed or act as returning officers, election clerks, administrative assistants, supervisory deputy returning officers, registration officers, deputy returning officers or poll clerks: (

a) persons who are not electors; (

c) members of the Parliament of Canada; (

d) members of the Legislative Assembly; (

e) candidates; (

f) official agents; (

g) judges of federal or provincial courts;

22 (

h) judges of federal or provincial courts; (

i) persons who have, within the immediately preceding 10 years, been convicted of an indictable offence where the penalty that may be imposed for that offence is greater than 2 years’ imprisonment.

(2) The persons listed in clauses (

b) to (

i) shall not be appointed or act as an election officer. 28

Section 47 is amended (

a) in subsection (1) by striking out “elector of the electoral division as”; (

b) by repealing subsection (4). 29

Section 47.1 is amended (

a) in subsection (1) by striking out “elector of the electoral division as”; (

b) by repealing subsection (2.1). 30

Section 49 is amended (

a) in subsection (1) by adding “or any election officer designated by the Chief Electoral Officer” after “electoral division”;

22 Explanatory Notes (

h) persons who have within th e immediately preceding 10 years been convicted of an indictable offence where the penalty that may be imposed for that offence is greater than 2 years’ imprisonment. 28

Section 47 presently reads in part: 47(1) In preparation for the conduct of an election in an electoral division, the Chief Electoral Officer shall appoint an elector of the electoral division as election clerk.

(4) Where, in the opinion of the Chief Electoral Officer, the Chief Electoral Officer is unable to appoint a qualified person resident within an electoral division as election clerk for that electoral division, the Chief Electoral Officer may appoint as election clerk an elector resident in any other electoral division as the Chief Electoral Officer considers appropriate. 29

Section 47.1 presently reads in part: 47.1(1) In preparation for the conduct of an election in an electoral division, the returning officer shall appoint an elector of the electoral division as administrative assistant.

(2.1) Where, in the opinion of the returning officer, the returning officer is unable to appoint a qualified person resident within an electoral division as administrative assistant for that electoral division, the returning officer may appoint as administrative assistant an elector resident in any other electoral division as the returning officer considers appropriate. 30

Section 49 presently reads: 49(1) An oath or affidavit required under this Act from any person except a returning officer may be sworn before the returning officer for the relevant electoral division.

23 (

b) in subsection (2) by adding “or any election officer designated by the Chief Electoral Officer” after “electoral division”. 31

Section 50 is amended (

a) in subsection (1) by striking out “, together with a notice in the prescribed form designating the dates, time and place for consideration of application for revisions to the list of electors”; (

b) in subsection (2) (

i) by repealing clauses (

a) and (b); (ii) in clause (

c) by adding “at 4 p.m.” before “on the Saturday”; (

c) in subsection (3) by striking out “Section 37” and substituting “Section 13.1”; (

d) by repealing subsection (4). 32

Section 52 is amended (

a) by repealing subsection (3) and substituting the following:

23 Explanatory Notes

(2) An oath or affidavit required under this Act from any person except a returning officer or election clerk may be sworn before the election clerk for the relevant electoral division. 31

Section 50 presently reads: 50(1) Immediately following receipt of a writ, the returning officer shall have available in the returning officer’s office and in any other location as directed by the Chief Electoral Officer one copy of the list of electors transmitted by the Chief Electoral Officer, together with a notice in the prescribed form designating the dates, time and place for consideration of applications for revisions to the list of electors.

(2) The period for considering applications for revisions to the list shall (

a) commence on the 5th day after the date of the writ, (

b) continue each day except Sundays and holidays, and (

c) conclude on the Saturday of the week preceding the opening of the advance polls.

(3) Section 37 applies with all necessary modifications to revisions under this section.

(4) At 4 p.m. on the Saturday referred to in subsection (2)(

c) or so soon after that hour as all applications of persons present at that hour are disposed of, the returning officer or election clerk shall (

a) draw a line immediately under the last name on the list of electors for each polling subdivision, and (

b) forthwith date the list and certify that the list of electors is closed to further revision by signing that official’s name immediately under the line drawn under the last name on the list. 32

Section 52 presently reads in part:

(3) Every polling place shall, where practicable, be situated so that it is readily accessible to handicapped persons.

(3) Every polling place must, where practicable, be located in premises with barrier-free accessibility. (

b) in subsections (6) and (6.1) by striking out “or polling station”. 33

Section 53(1) is amended (

a) by striking out “If by reason of some emergency” and substituting “Subject to

section 4(3.1) and (3.5), if”; (

b) by striking out “by telephone, confirmed by written notice” and substituting “and publish the change on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary”. 34

Section 55 is amended (

a) in subsection (1) (

i) by repealing clause (a); (ii) in clause (e) (

A) by striking out “place,”; (

B) by striking out “10th” and substituting “7th”; (iii) by repealing clause (

f) and substituting the following: (

f) the name of the returning officer and the contact information for the returning officer’s office. (

b) in subsection (2) (

i) in clause (

d) by striking out “level access” and substituting “barrier-free accessibility”;

24 Explanatory Notes

(6) A polling place or polling station does not need to be located in the polling subdivision but shall be located in the electoral division.

(6.1) Notwithstanding subsection (6), with the prior written approval of the Chief Electoral Officer a polling place or polling station may be in an adjacent electoral division if the returning officer is unable to find a suitable place in the electoral division for the polling place or polling station. 33

Section 53 presently reads: 53(1) If by reason of some emergency it is found to be impractical to hold the poll in a polling place fixed by the returning officer, the returning officer may fix a different polling place as near as possible to the location originally fixed and shall give immediate notice of the change to all candidates or their official agents by telephone, confirmed by written notice.

(2) When a different polling place is fixed under subsection (1), the returning officer shall cause a conspicuous sign that clearly and accurately states the location of the new polling place to be attached to the original place where the polling place was to be located. 34

Section 55 presently reads in part: 55(1) Each returning officer shall, as soon as possible but not later than the 5th day before nomination day, issue a proclamation containing the following: (

a) the place, dates and hours for considering applications for revisions to the lists of electors, (

e) the place, date and time for announcing the results of the official count, that date being the 10th day after polling day, and (

f) the name, address and telephone number of the returning officer.

(2) A returning officer shall post a copy of the following in the returning officer’s office:

25 (ii) by repealing clause (e); (

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

(2.1) The Chief Electoral Officer shall, as soon as possible, publish the information in the proclamation referred to in subsection (1)(

b) to (

f) and the information referred to in subsection (2)(

b) and (

d) on the Chief Electoral Officer’s website and in any other manner determined by the Chief Electoral Officer that provides electors with adequate notice of the election. (

d) by repealing subsection (3); (

e) in subsection (4) (

i) by striking out “for any reason, the returning officer” and substituting “, the Chief Electoral Officer”; (ii) by repealing clause (

a) and substituting the following: (

a) publish details of the correction on the Chief Electoral Officer’s website and in any other manner in which the Chief Electoral Officer has published the information under subsection (2.1), and (

f) by repealing subsection (5). 35

Section 56(

d) is amended by striking out “or the Senatorial Selection Act”.

25 Explanatory Notes (

d) a statement of the availability of level access to the office of the returning officer and to the advance polling places; (

e) a list of the qualifications for electors who may use a Special Ballot.

(2.1) A returning officer shall as soon as possible publish the information in the proclamation referred to in subsection (1)(

a) to (

f) and the information referred to in subsection (2)(b), (

d) and (

e) in a newspaper of general circulation in the returning officer’s electoral division and on the Chief Electoral Officer’s website.

(3) A returning officer may post additional copies of the information in the proclamation referred to in subsection (1), the map and the list of locations at any other places in the electoral division where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.

(4) If any of the information published under subsection (2.1) is or becomes inaccurate for any reason, the returning officer shall (

a) publish details of the correction in the newspaper in which the information in the proclamation was published under subsection (2.1) and on the Chief Electoral Officer’s website, and (

b) immediately provide to all c andidates or their official agents written details of the correction.

(5) If the returning officer is for any reason unable to comply with subsection (4), the returning officer shall immediately notify the Chief Electoral Officer, who shall take whatever action, if any, the Chief Electoral Officer considers appropriate. 35

Section 56 presently reads in part: 56 A person is eligible to be nominated as a candidate in an election if on the day the person’s nomination paper is filed the person (

d) is not prohibited from being nominated as a candidate under this Act or the Senatorial Selection Act by reason of

section 57, 58, 178 or 181, and

26 36

Section 59 is amended (

a) in subsection (1) by striking out “campaign period” and substituting “period referred to in subsection (1.01)”; (

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

(1.01) The period for the purpose of subsection (1) is as follows: (

a) in the case of a general election held in accordance with

section 38.1(2), the period commencing on February 1 in the year in which the general election is held and ending on nomination day; (

b) in the case of a general election held other than in accordance with

section 38.1(2), the period commencing with the issue of a writ for the general election and ending on nomination day; (

c) in the case of a by-electio n, the period commencing with the issue of a writ for the by-election and ending on nomination day; (

d) where a nomination contest is held by a registered party or a registered constituency association under the Election Finances and Contributions Disclosure Act, the period commencing as soon as the nomination contestant, as defined in the Election Finances and Contributions Disclosure Act, is selected for endorsement as the official candidate of the registered party for the electoral division, and ending on nomination day. 37

Section 60(1) and (4) are amended by striking out “, address and telephone number” and substituting “and contact information”.

26 Explanatory Notes 36

Section 59 presently reads in part: 59(1) At any time during the campaign period, any 25 or more electors of an electoral division may nominate a person eligible to be a candidate as a candidate for that electoral division by signing a nomination paper in the prescribed form. 37

Section 60 presently reads in part: 60(1) Each person being nominated as a candidate shall appoint an elector to be the person’s official agent on the person’s nomination and shall include the name, address and telephone number of the person so appointed in the appropriate place in the nomination form.

27 38

Section 61 is amended (

a) in subsection (1) (

i) in the portion preceding clause (

a) by striking out “filed with” and substituting “accepted for filing by”; (ii) by adding the following after clause (a): (a.1) it is signed by the candidate, (iii) in clause (

d) by striking out “written communication” and substituting “affidavit”; (iv) by adding the following after clause (d): (d.1) the person being nominated provides the returning officer with identification in a form prescribed by the Chief Electoral Officer, (

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

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

(4) The deposit of $500 referred to in subsection (1)(

e) may be made during the time period referred to in

section 59(1.01)(

d) notwithstanding

section 9(1.1) of the Election Finances and Contributions Disclosure Act. 39

Section 67 is amended (

a) in subsection (1) (

i) in clause (

c) by striking out “address” and substituting “contact information”; (ii) by repealing clause (

d) and substituting the following:

27 Explanatory Notes

(4) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the returning officer in writing of the name, address and telephone number of the person so appointed. 38

Section 61 presently reads in part: 61(1) A nomination paper is not valid and shall not be filed with the returning officer unless the original nomination paper is submitted for filing and (

a) it contains a properly completed affidavit of the attesting witness or witnesses, as the case may be, to the signatures of the nominating electors, (

d) the person being nominated confirms by written communication (

i) that the person is eligible under

section 56 for nomination, (ii) that the person consents to the person’s nomination, (iii) the appointment of the person’s official agent, (iv) that the person is the o fficially endorsed candidate of a registered political party or is an independent candidate, and the confirmation is filed with the nomination paper, (

e) it is accompanied with a deposit of $500, (

f) it is filed with the returning officer prior to 2 p.m. on the date appointed as nomination day. 39

Section 67 presently reads in part: 67(1) At 2 p.m. on the date appointed as nomination day, the returning officer shall, at the place fixed for the filing of nominations, (

c) announce the name and address of each candidate’s official agent, and

28 (

d) announce the polling date and the date and time at which the official results will be announced. (

b) by repealing subsection (2)(

b) and substituting the following: (

b) publish the names and contact information of the candidates’ official agents in the form and manner directed by the Chief Electoral Officer. (

c) in subsection (3) by striking out “address” and substituting “contact information”. 40

Section 69(1) is amended by striking out “be printed” and substituting “appear”. 41

Section 70(

a) is repealed and the following is substituted: (

a) publish within the 7 days immediately preceding polling day, in the form and manner directed by the Chief Electoral Officer, (

i) a copy of the map of the electoral division setting out the polling subdivisions, (ii) a list of the locations of the polling places, and (iii) a statement of the availability of barrier-free accessibility to the office of the returning officer and to the advance polling places,

28 Explanatory Notes (

d) announce the polling date and the date, time and place at which the official results of the election will be declared.

(2) On complying with subsection (1), the returning officer shall, as soon as possible, (

b) publish in the prescribed form the names, addresses and telephone numbers of the candidates’ official agents in a newspaper of general circulation in the electoral division and on the Chief Electoral Officer’s website.

(3) If another official agent is appointed under

section 60(4), the returning officer shall publish in the same manner as provided in subsection (2) the name and address of the newly appointed official agent. 40

Section 69(1) presently reads: 69(1) If a poll is necessary in an electoral division, the returning officer shall, immediately after the close of nominations, cause to be posted at every place where the proclamation was posted a notice of poll in the prescribed form indicating the names of the candidates and their respective registered political parties, if any, in the order in which the candidates’ names will be printed on the ballot. 41

Section 70 presently reads: 70 Each returning officer shall (

a) publish once within the 7 days immediately preceding polling day, in one or more newspapers of general circulation in the electoral division and on the Chief Electoral Officer’s website, (

i) a copy of the map of the electoral division setting out the numbered polling subdivisions, (ii) a list of the locations of the polling places, (iii) a statement of the availability of level access to the office of the returning officer and to the advance polling places, and

29 42

Section 71(3) and (4) are repealed. 43

Section 73(3) and (4) are repealed. 44

Section 76(3) is repealed. 45

Section 77.1(3) is repealed.

29 Explanatory Notes (iv) a list of qualifications for electors who may use a Special Ballot, and (

b) provide one copy of the map and one copy of the list to each of the returning officer’s deputy returning officers for use on polling day. 42

Section 71 presently reads in part:

(3) A person appointed as a deputy returning officer must be an elector resident in the electoral division.

(4) Notwithstanding subsection (3), if there is not a sufficient number of qualified persons available from among those persons resident in the electoral division, the returning officer may appoint as deputy returning officers qualified persons from any other electoral divisions as the returning officer considers appropriate. 43

Section 73 presently reads in part:

(3) A person appointed as a poll clerk must be an elector resident in the electoral division.

(4) Notwithstanding subsection (3), if there is not a sufficient number of qualified persons available from among those persons resident in the electoral division, the returning officer may appoint as poll clerks qualified persons from any other electoral divisions as the returning officer considers appropriate. 44

Section 76(3) presently reads:

(3) A person appointed as a supervisory deputy returning officer must be an elector resident in the electoral division. 45

Section 77.1(3) presently reads:

(3) A person appointed as a registration officer must be an elector resident in the electoral division.

30 46

Section 77.2 is amended (

a) by renumbering it as

section 77.2(2); (

b) by adding the following before subsection (2): Use of election officers 77.2(1) Subject to sections 71(5), 73(5) and 75, this

section applies to election officers who are requested or required by the Chief Electoral Officer, a returning officer or their supervisor to perform the duties of another election officer. (

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

(3) If an election officer is unable or unwilling to act or neglects the election officer’s duties, the Chief Electoral Officer or returning officer may appoint another person in that election officer’s place.

(4) Any election officer may perform the duties of another election officer, other than the duties of a returning officer or election clerk, if required or requested by the Chief Electoral Officer, returning officer or the election officer’s supervisor.

(5) If an election officer is required to perform the duties of another election officer, the election officer is not required to take another oath. 47

Section 81(2) is amended (

a) by repealing clause (a); (

b) in clause (

b) by striking out “a sufficient number of appropriate seals” and substituting “sealing material”; (

c) in clause (

c) by striking out “seals after they have been attached” and substituting “seal after it has been applied”.

30 Explanatory Notes 46

Section 77.2 presently reads: 77.2 Any election officer who is appointed to carry out duties in an electoral division may, at the request of his or her supervisor, be required to carry out the duties of any other officer at any polling place in the electoral division if that other election officer is unable to carry out his or her own duties. 47

Section 81(2) presently reads:

(2) The ballot boxes shall be (

a) made of a durable material, (

b) accompanied with a sufficie nt number of appropriate seals, and (

c) designed in a manner that pe rmits the deposit of ballots but does not permit their removal without breaking the seals after they have been attached.

31 48

Section 82 is amended (

a) by repealing subsection (1) and substituting the following: Provision of ballots 82(1) The Chief Electoral Officer shall ensure a sufficient number of ballots are available for use in an election. (

b) by repealing subsection (2). 49

Section 83 is amended (

a) in subsection (1) (

i) by striking out “On each ballot shall be printed” and substituting “Each ballot shall set out”; (ii) by striking out “in a type of 10 point” and substituting “in a type of at least 12 point”; (

b) in subsection (3) (

i) by striking out “printed” and substituting “set out”; (ii) in clause (a) (

A) in subclause (iii) by adding “, subject to subsection (3.2)” after “nickname”; (

B) by striking out “in a type of 10 point” and substituting “in a type of at least 12 point”; (

c) by repealing subsection (3.2) and substituting the following:

(3.2) The Chief Electoral Officer may disallow the use of a name, other than a person’s legal name, or nickname having regard to the integrity of the election. (

d) by repealing subsection (4) and substituting the following:

(4) Every ballot shall include a stub and there shall be a line of perforations between the ballot and the stub.

31 Explanatory Notes 48

Section 82 presently reads: 82(1) Each returning officer shall have printed on paper supplied to the returning officer by the Chief Electoral Officer the ballots for use in the election in the returning officer’s electoral division.

(2) The number of ballots printed shall exceed by at least 25% the number of electors listed in the electoral division. 49

Section 83 presently reads in part: 83(1) On each ballot shall be printed the name of each candidate together with (

a) the name of the registered political party for which the candidate is the candidate, or (

b) the word “Independent” if the candidate is not a candidate for a registered political party in a type of 10 point capital letters.

(2) Notwithstanding subsection (1)(a), an abbreviated form of the name of the registered political party or recognizable initials representing that party as directed by the leader of the political party under

section 7(1)(

b) of the Election Finances and Contributions Disclosure Act may be used.

(3) The names of the candidates shall be printed on the ballot as follows: (

a) the candidate’s (

i) given name, (i.1) middle name, (ii) initials, or (iii) nickname or any combination of them in a type of 10 point capital letters;

32 (

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

(5) The ballot and stub shall be in the prescribed form and shall be bound or stitched in books in quantities that the Chief Electoral Officer considers appropriate. (

f) in subsection (6) by striking out “both the stub and counterfoil” and substituting “the stub”; (

g) in subsection (7) by adding “legible and” after “shall be”; (

h) in subsection (9) by striking out “printed on its back”. 50

Section 85(

a) is amended by striking out “one copy” and substituting “a copy”.

32 Explanatory Notes (

b) the candidate’s surname sha ll appear following the given name, initials or nickname, as the case may be, and be in a type of 12 point capital letters; (

c) the candidates’ names shall be listed on the basis of the alphabetical order of their surnames and, where 2 or more candidates have identical surnames, those candidates’ names shall be listed on the basis of the alphabetical order of their given names; (

d) no titles, degrees, prefixes or suffixes may be included with a name.

(3.2) The Chief Electoral Officer may disallow the use of a nickname if in the opinion of the Chief Electoral Officer it is a nickname by which the candidate is not generally known or that is unacceptable for any other reason.

(4) Every ballot shall include a counterfoil and stub, and there must be a line of perforations between (

a) the ballot and the counterfoil, and (

b) the counterfoil and the stub.

(5) The ballot, counterfoil and stub shall be in the prescribed form and shall be bound or stitched in books in quantities that the returning officer considers appropriate.

(6) The ballots shall be serially numbered with the number of each ballot appearing on the back of both the stub and counterfoil.

(7) All ballots shall be as nearly alike as possible.

(9) Each ballot shall have printed on its back the name of the electoral division and the year of the election. 50

Section 85 presently reads in part: 85 The returning officer shall provide to each deputy returning officer (

a) one copy of the list of electors for the deputy returning officer’s particular polling subdivision for use on polling day, and

33 51

Section 86(1) is amended (

a) by adding “the Chief Electoral Officer or” after “If”; (

b) by striking out “following the revision under

section 50”; (

c) by adding “the Chief Electoral Officer or” before “the returning officer may”. 52

Section 88 is amended (

a) in subsection (1) (

i) in clause (

b) by adding “in accordance with

section 120” after “held”; (ii) by adding the following after clause (b): (b.1) at a special mobile poll held in accordance with

section 125.1, during the hours fixed by the Chief Electoral Officer; (

b) in subsection (3) by adding “or in line to enter the polling place” after “inside the polling place”. 53

Section 88.1 is repealed.

33 Explanatory Notes 51

Section 86(1) presently reads: 86(1) If a returning officer considers it necessary following the revision under

section 50, the returning officer may establish additional polling places or polling stations for the convenience of the voters. 52

Section 88 presently reads in part: 88(1) Subject to subsection (3), polling places shall be open for the purpose of voting during the following hours only: (

b) at treatment centres and supportive living facilities where mobile polls are held, during the hours fixed by the returning officer;

(3) At closing time the entrance to each polling place shall be closed, and only those persons who are inside the polling place at that time shall be permitted to vote after the closing time. 53

Section 88.1 presently reads: 88.1(1) Notwithstanding

section 88(1)(c), where authorized under subsection (3), polling places with respect to a by-election authorized under the regulations to be conducted in accordance with this

section shall be open for the purpose of voting from 7 a.m. to 9 p.m. on polling day.

(2) In order to assist with the counting of ballots at a poll for a by-election authorized to be conducted in accordance with this section, the Chief Electoral Officer may use vote-counting equipment for the purpose of conducting the unofficial count of votes under this Act.

(3) The Lieutenant Governor in Council may make regulations (

a) authorizing that a by-ele ction may be conducted in accordance with this section;

34 54

Section 89(1) is amended by striking out “30 minutes” and substituting “60 minutes”. 55

Section 90(1) is amended by adding the following after clause (b): (b.1) such other bulletins required by the Chief Electoral Officer to assist in the effective conduct of the election.

34 Explanatory Notes (

b) respecting the modification of procedures under this Act for the unofficial counting of votes.

(4) After a by-election that has been authorized to be conducted in accordance with this

section has been held, the Chief Electoral Officer shall table a report with the Standing Committee setting out the Chief Electoral Officer’s opinion on the following: (

a) whether any increase in voter turnout was attributable to the earlier opening of the poll; (

b) whether the use of any vote-counting equipment that was used at the by-election was effective and efficient; (

c) whether the extended hours had any adverse effect on election officials and their ability to carry out their functions, including whether they caused any difficulty in recruiting persons to work at the poll; (

d) any other matter the Chief Electoral Officer considers appropriate.

(5) The Standing Committee shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly. 54

Section 89(1) presently reads: 89(1) Each deputy returning officer shall attend at the polling place at least 30 minutes prior to the opening of the deputy returning officer’s polling station. 55

Section 90(1) presently reads: 90(1) Prior to the opening of a polling station, the deputy returning officer shall post in a conspicuous location at the polling station one copy of each of the following prescribed bulletins: (

a) Notice as to Secrecy of Voting; (

b) Directions for Guidance of Voters.

35 56

Section 96 is amended (

a) in subsection (1) by striking out “due to a physical incapacity or inability to read the ballot”; (

b) in subsection (1.1) by striking out “incapacity” and substituting “disability”; (

c) in subsection (3)(b) (

i) by striking out “is a blind voter and”; (ii) in subclause (

i) by striking out “Blind”. 57

Section 97 is amended by striking out “one copy” and substituting “a copy”. 58

Section 98 is amended (

a) in subsection (1) by striking out “in the electoral division in which those electors ordinarily reside”; (

b) in subsection (1.1) (

i) by striking out “authorize” and substituting “require”;

35 Explanatory Notes 56

Section 96 presently reads in part: 96(1) The deputy returning officer, at the request of a voter who is unable to vote in the usual manner due to a physical incapacity or inability to read the ballot, shall (

a) assist the voter by marking the voter’s ballot in the manner directed by the voter in the presence of the poll clerk, and (

b) if requested by the voter, place the ballot so marked in the ballot box.

(1.1) Where a voter is unable to access a polling place because of the voter’s physical incapacity, the poll clerk, and the other election officers the deputy returning officer considers necessary, shall bring the ballot box to some other place on the site on which the polling place is located.

(3) The deputy returning officer, in the case of a voter referred to in subsection (1), shall (

b) if the voter is a blind voter and is not accompanied by a friend or does not wish to be assisted by the deputy returning officer, (

i) provide the voter with a Blind Voter Template in the prescribed form, and (ii) instruct the voter in its use. 57

Section 97 presently reads: 97 The returning officer shall provide one copy of the list of electors for all assigned polling subdivisions in the electoral division for use by the deputy returning officer at the advance poll. 58

Section 98 presently reads in part: 98(1) The returning officer shall establish at least one and no more than 4 polling places to enable electors to vote in advance at an election in the electoral division in which those electors ordinarily reside.

36 (ii) by adding “if the Chief Electoral Officer considers it necessary” after “4 polling places”; (

c) by repealing subsection (3) and substituting the following:

(3) The polling places for advance polls shall be open from 9 a.m. to 8 p.m. on each of the (

a) Friday and Saturday 2 weeks preceding polling day, and (

b) Thursday, Friday and Saturday of the full week preceding polling day. (

d) by adding the following after subsection (6):

(6.1) If electronic documents are used for the purposes of an advance poll, each day after the close of a polling place for an advance poll, a copy of a record of electors who voted that day shall be made in printed and electronic form.

(6.2) A copy of the record referred to under subsection (6.1) shall be provided to registered political parties or registered candidates on request.

(6.3) The record referred to in subsection (6.1) shall include each elector’s electoral division, polling subdivision number and sequence number assigned to the elector by the Chief Electoral Officer or an election officer and any other information the Chief Electoral Officer considers appropriate. (

e) by repealing subsection (7) and substituting the following:

(7) Sealing material applied to a ballot box shall not be broken from the time it is applied until the close of the polling places on polling day, except as may be necessary at the opening of the polling place for the advance poll on the Thursday, Friday and Saturday to permit the deposit of ballots. (

f) in subsection (8) by striking out “seals have been affixed” and substituting “seal has been applied”.

36 Explanatory Notes

(1.1) Notwithstanding subsection (1), the Chief Electoral Officer may authorize a returning officer to establish more than 4 polling places.

(3) The polling places for advance polling shall be open from 9 a.m. to 8 p.m. on each of the Wednesday, Thursday, Friday and Saturday of the full week preceding polling day.

(6) Each day at the close of the polling place for an advance poll the ballot box (

a) shall be sealed by the deput y returning officer and poll clerk, and (

b) may be sealed by any candi date, official agent or scrutineer so desiring, so that it cannot be opened and no ballots can be deposited without breaking those seals.

(7) Seals placed on a ballot box shall not be removed from the time they are placed on it until the close of the polling places on polling day except as may be necessary at the opening of the polling place for the advance poll on the Friday and Saturday to permit the deposit of ballots.

(8) At the close of the polling place for the advance poll on the final day the deputy returning officer shall, after the seals have been affixed pursuant to subsection (6), take charge of and safely keep the ballot box until the close of polls on polling day, when the ballots shall be counted in accordance with

section 111.

37 59

Section 99(1) is amended (

a) by striking out “presents himself or herself” and substituting “attends”; (

b) in clause (

a) by striking out “the list of electors for the polling subdivision in which the elector ordinarily resides” and substituting “a list of electors”; (

c) in clause (

b) by striking out “the list of electors for the polling subdivision in which the elector ordinarily resides” and substituting “any list of electors”. 60

Section 101 is amended (

a) in subsection (1)(

b) by striking out “and the number on the back of the counterfoil”; (

b) by repealing subsection (2) and substituting the following:

(2) The deputy returning officer shall, without unfolding the ballot and in full view of the voter and all present, ascertain by examining the initials that it is the same ballot the deputy returning officer provided to the voter, and return the ballot to the voter so that the voter may place the ballot in the ballot box.

37 Explanatory Notes 59

Section 99(1) presently reads: 99(1) When a person who is an elector presents himself or herself to vote at the advance poll, the deputy returning officer shall (

a) if the person’s name appears on the list of electors for the polling subdivision in which the elector ordinarily resides, enter opposite the name of that person on the list of electors in the appropriate column a check mark or other annotation indicating that the voter voted in the advance poll, or (

b) if the person’s name does not appear on the list of electors for the polling subdivision in which the elector ordinarily resides, (

i) require the person to comply with

section 95(1) or (2), and (ii) enter the person’s name and address on the list of electors and enter in the appropriate column in the poll book a check mark or other annotation indicating that the voter signed a declaration in accordance with

section 95(1) or signed a declaration and was vouched for in accordance with

section 95(2), and voted in the advance poll. 60

Section 101 presently reads in part: 101(1) The deputy returning officer shall, without inquiring or ascertaining for whom the voter intends to vote, instruct the voter to (

b) refold the ballot so that the initials, electoral division and year of the election on the back of the ballot and the number on the back of the counterfoil can be seen without unfolding it, and

(2) The deputy returning officer, without unfolding the ballot, shall in full view of the voter and all present (

a) ascertain by examining (

i) the initials, and (ii) the number on the counterfoil,

38 61

Section 111 is amended (

a) in subsection (1) by striking out “and then seal it”; (

b) by repealing subsection (7). 62

Section 112(

h) is amended by striking out “with the seal provided for that purpose and with the seals of those candidates or their official representatives who also desire to seal the ballot box”.

38 Explanatory Notes that it is the same ballot the deputy returning officer provided to the voter, (

b) remove and tear up the counterfoil, and (

c) return the ballot to the voter so that the voter may place the ballot in the ballot box. 61

Section 111 presently reads in part: 111(1) After the closing of the poll, the deputy returning officer shall immediately count the number of spoiled and declined ballots and record the total on the outside of the envelope containing those ballots and then seal it.

(7) When, in the course of counting the votes, any ballot is found with the counterfoil still attached, the deputy returning officer shall, after carefully concealing the number from all persons present and without examining the number on the counterfoil himself or herself, remove and destroy the counterfoil, and shall not reject the ballot merely by reason of the deputy returning officer’s previous failure to remove the counterfoil. 62

Section 112(

h) presently reads: 112 The deputy returning officer shall, at the conclusion of the count, (

h) ensure that (

i) the list of electors, (ii) all envelopes containing ballots, (iii) the poll book, (iv) the original copy of the Statement of Poll, and (

v) all other documents relating to the operation of the poll, are placed in the ballot box that the deputy returning officer shall immediately seal with the seal provided for that purpose

39 63

Section 116 is amended (

a) in subsection (2) by adding “or to the Chief Electoral Officer in accordance with subsection (2.1)” after “polling day”; (

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

(2.1) An application referred to in subsection (2) may be made to the Chief Electoral Officer (

a) in the case of a general election held in accordance with

section 38.1(2), (

i) no earlier than January 1 in the year in which the election is held, and (ii) no later than (

A) if the elector applies in person, at the end of polling day, and (

B) in any other case, 6 p.m. on the day before advance polls open, and (

b) in the case of a general election held other than in accordance with

section 38.1(2) or a by-election, no later than (

i) if the elector applies in person, at the end of polling day, and (ii) in any other case, 6 p.m. on the day before advance polls open. (

c) in subsection (3) (

i) by striking out “or election clerk” and substituting “, election clerk or person designated by the Chief Electoral Officer”;

39 Explanatory Notes and with the seals of those candidates or their official representatives who also desire to seal the ballot box, 63

Section 116 presently reads in part:

(2) An application for a Special Ballot may be made (

a) in writing, (

b) by telephone, (

c) by fax or electronic mail, or (

d) in person, by an elector to the returning officer of the elector’s electoral division at any time between the issue of the writ and the closing of polls on polling day.

(3) On receipt of an application under this section, the returning officer or election clerk shall (

a) enter in the Special Ballot Poll Book (

i) the elector’s name and where the elector is ordinarily resident, and (ii) the name and number of the polling subdivision in which the elector resides, and (

b) cause the appropriate forms to be provided to the applicant.

(4) The returning officer may delegate to the administrative assistant any functions of the returning officer or election clerk under this

section and sections 117 and 118.

40 (ii) in clause (

b) by adding “after the writ of election has been issued,” before “cause”. 64

Section 118 is amended (

a) in subsection (3) by adding “or the person designated by the Chief Electoral Officer” after “returning officer”; (

b) in subsection (4) by striking out “or election clerk” and substituting “, election clerk or person designated by the Chief Electoral Officer”; (

c) in subsection (5) by striking out “or election clerk,” wherever it occurs and substituting “, election clerk or person designated by the Chief Electoral Officer”; (

d) in subsection (6) by striking out “, and the authorized election officers shall proceed in accordance with

section 113 as if the ballot box were from an advance poll”; (

e) by inserting the following after subsection (6):

(6.01) Counting of Special Ballots shall proceed (

a) in the case of ballot boxes delivered under subsection (6), in accordance with

section 113 as if the ballot box were from an advance poll, (

b) in the case of Special Ballots in the sealed ballot box referred to in subsection (5)(a)(

v) in the possession of the person designated by the Chief Electoral Officer, in the following manner: (

i) the authorized election of ficers shall, in the presence of any candidates or their official agents or scrutineers who attend, open the ballot box and proceed to count the votes; (ii) sections 111 and 112 apply, with all necessary modifications, to the count.

40 Explanatory Notes 64

Section 118 presently reads in part:

(3) The outer envelope, when sealed, shall be forwarded so that it reaches the returning officer not later than the close of the polling places on polling day.

(4) On receipt of the outer envelope, the returning officer or election clerk shall remove and open the certificate envelope and determine (

a) whether the name on the certificate envelope is the same as that of a person already entered in the Special Ballot Poll Book under

section 116, (

b) whether a copy of the prescribed identification document or documents has been included, and (

c) whether

part 1 of the certificate has been properly completed.

(5) On determining that the voter is recorded in the Special Ballot Poll Book, that a copy of the prescribed identification document or documents has been included and that

part 1 of the certificate is completed, the returning officer or election clerk, as the case may be, shall, (

a) if the returning officer or elec tion clerk is satisfied as to the voter’s eligibility to vote, (

i) sign

part 2 of the certificate, (ii) if the voter’s name appears on the list of electors for the polling subdivision in which the voter is entitled to vote, put a line through the voter’s name and enter opposite the name of that person on the list of electors the word “special”, (iii) if the voter’s name does not appear on the list of electors for the polling subdivision in which the voter is entitled to vote, enter the voter’s name on the list of electors and put

41 Explanatory Notes a line through the voter’s name and enter opposite the name of that voter on the list of electors the word “special”, (iv) record in the Special Ballot Poll Book in the appropriate column the date the returning officer or election clerk received the certificate envelope, (

v) remove the sealed ballot envelope from the certificate envelope and place the sealed ballot envelope in a sealed ballot box marked “special ballot”, (vi) enter in the Special Ballo t Poll Book, in the appropriate columns, a check mark or other annotation indicating that the voter has voted and the reason for using the Special Ballot, that is, physical incapacity, absence, inmate, election officer, candidate, official agent, scrutineer, remote area or another reason prescribed by the Chief Electoral Officer, and (vii) retain the certificate envelope and the copy of the identification document or documents and forward them to the Chief Electoral Officer in accordance with

section 142, or (

b) if the returning officer or el ection clerk is not satisfied as to the voter’s eligibility to vote, (

i) retain the certificate envelope and its contents, (ii) treat the ballot in the envelope as a rejected ballot, and (iii) mark the certificate envelope accordingly.

(6) At the close of the polling place on polling day, the returning officer shall deliver the sealed ballot box referred to in subsection (5)(a)(

v) to the authorized election officers in the electoral division and advise them of the names of the electors who have voted by Special Ballot, and the authorized election officers shall proceed in accordance with

section 113 as if the ballot box were from an advance poll.

42 65

Section 120 is amended (

a) in subsection (1) (

i) in clause (

a) by striking out “in-patients who are electors, and” and substituting “electors who are in-patients,”; (ii) in clause (

b) by striking out “residents who are electors” and substituting “electors who are residents”; (iii) by adding the following after clause (b): (

c) any shelters, including emergency shelters, having not fewer than 10 electors who are residents, and (

d) any community support centres having not fewer than 10 electors who are receiving support or services from that community support centre. (

b) in subsection (2) (

i) by striking out “subsection (1)” and substituting “subsection (1)(

a) or (b)”; (ii) by striking out “immediately after nomination day,”; (iii) in clause (b) (

A) in subclause (

i) by striking out “and”; (

B) by adding the followi ng after subclause (i): (i.1) determine whether a mobile poll will be held on any one or more days fixed for an advance poll and, if so, fix the hours when that mobile poll will operate at the facility, and (

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

(3) If a returning officer determines that there are facilities as described in subsection (1)(

c) or (d), the returning officer shall (

a) determine, in consultation with an official of each facility, whether a mobile poll should be held at the facility,

42 Explanatory Notes 65

Section 120 presently reads: 120(1) Each returning officer shall, following receipt of a writ, determine if there are in the electoral division (

a) any treatment centres having not fewer than 10 in-patients who are electors, and (

b) any supportive living faci lities having not fewer than 10 residents who are electors.

(2) If a returning officer determines that there are facilities as described in subsection (1), the returning officer shall, immediately after nomination day, (

a) determine, in consultation w ith an official of each supportive living facility, whether a mobile poll should be held at the facility, (

b) in consultation with an offi cial of each supportive living facility where a poll is to be held and with an official of each treatment centre (

i) fix the hours on polling day when a mobile poll will operate at the facility, and (ii) determine the number of mobile polls to be established within the facility and the format that each mobile poll is to take as either fixed location or bed-to-bed visitations, or both, and (

c) appoint a deputy returning officer and poll clerk for each mobile poll so required.

43 (

b) in consultation with an o fficial of each facility where a poll is to be held (

i) fix the hours on polling day when a mobile poll will operate at the facility, (ii) determine whether a mobile poll will be held on any one or more days fixed for an advance poll and, if so, fix the hours when that mobile poll will operate at the facility, and (iii) determine the number of mobile polls to be established within the facility and the format that each mobile poll is to take, and (

c) appoint a deputy returning officer and poll clerk for each mobile poll so required.

(4) An official of a facility referred to in subsection (1)(

c) or (

d) shall not unreasonably withhold consent to hold a mobile poll in that facility.

(5) If the official referred to in subsection (4) withholds consent to hold a mobile poll in a facility, the official shall provide the returning officer with written reasons for the withholding of consent. 66

Section 121 is amended by striking out “a treatment centre or a supportive living facility” and substituting “a facility referred to in

section 120(1)”. 67

Section 122 is amended (

a) in subsection (1)(

e) by striking out “treatment centre or supportive living”; (

b) in subsection (2)

43 Explanatory Notes 66

Section 121 presently reads: 121 Electors who are acknowledged by an official of a treatment centre or a supportive living facility where a mobile poll is to be held to be in-patients or residents of that facility on polling day are deemed to be ordinarily resident in the electoral division in which the facility is located if they have not already voted in the election. 67

Section 122 presently reads in part: 122(1) Subject to subsection (2), only the following persons may remain at a mobile poll during polling hours:

44 (

i) by adding “or an emergency shelter” after “treatment centre”; (ii) in clause (

d) by adding “or emergency shelter” after “treatment centre”. 68

Section 123 is amended (

a) in subsection (1) by striking out “treatment centre or supportive living”; (

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

(3.1) An elector eligible to vote who is a resident of an emergency shelter or is receiving services or support from a community support centre (

a) shall, if the elector’s name does not appear on the list of electors, sign the required declaration before voting, and (

b) may, if necessary, vote in accordance with

section 96. (

c) in subsection (4) by striking out “treatment centre or supportive living”; (

d) in subsection (6) (

i) by striking out “Seals placed on a ballot box” and substituting “Sealing material on a ballot box”; (ii) by striking out “they are placed on it” and substituting “it is applied”; (

e) in subsection (7) by striking out “the seals have been affixed” and substituting “the seal has been applied”.

44 Explanatory Notes (

e) a member of the staff of the treatment centre or supportive living facility;

(2) If in the opinion of a member of the staff of a treatment centre it is advisable to do so, the deputy returning officer may limit the persons present at a mobile poll to (

a) the deputy returning officer, (

b) the poll clerk, (

c) an interpreter, and (

d) a member of the treatment centre staff. 68

Section 123 presently reads in part: 123(1) The ballots used at the taking of the vote at a mobile poll at a treatment centre or supportive living facility shall be the ballots being used for the election in the electoral division in which the facility is situated.

(3) An elector eligible to vote who is a resident of a supportive living facility (

a) shall, if the elector’s name does not appear on the list of electors, sign the required declaration before voting, and (

b) may, if necessary, vote in accordance with

section 96.

(4) An official of the treatment centre or supportive living facility shall, on the close of the taking of the poll at the facility, endorse the poll book by affixing the official’s signature immediately under the last name in the poll book certifying that the persons named in the poll book are in-patients or residents in accordance with

section 121.

(6) Seals placed on a ballot box shall not be removed from the time they are placed on it until the mobile poll is commenced at another location or until the close of polls on polling day.

(7) The deputy returning officer shall, after the seals have been affixed pursuant to subsection (5), take charge of and safely keep the ballot box until the close of polls on polling day, when the ballots shall be counted in accordance with

section 111.

45 69

Section 125 is amended by striking out “treatment centre and every supportive living”. 70 The following is added after

section 125: Special mobile polls 125.1(1) A returning officer, in consultation with the Chief Electoral Officer, may establish one or more special mobile polls in accordance with this section.

(2) Facilities at which a special mobile poll may be established include the following: (

a) facilities on the campuses of public post-secondary institutions; (

b) work camps; (

c) correctional institutions under the Corrections Act, penitentiaries under the Corrections and Conditional Release Act (Canada) and places of custody under the Youth Justice Act or the Youth Criminal Justice Act (Canada); (

d) any public building determined by the Chief Electoral Officer to be secure and suitable for the purposes of a special mobile poll.

(3) A returning officer, in consultation with the Chief Electoral Officer, shall not establish a special mobile poll in a facility if the Chief Electoral Officer determines that the facility does not meet safety, security and any other standards established by the Chief Electoral Officer for polling places.

(4) A returning officer shall (

a) determine, in consultation with an official of each facility set out in subsection (2)(a), (

b) and (c), whether a special mobile poll should be held at the facility,

45 Explanatory Notes 69

Section 125 presently reads: 125 Every treatment centre and every supportive living facility at which one or more mobile polls are established is a polling place under this Act and all relevant provisions of this Act apply with all necessary modifications. 70 Special mobile polls; voting at a special mobile poll; application of Act to special mobile polls.

46 (

b) in consultation with an o fficial of each facility where a special mobile poll is to be held, fix the hours on any one or more days fixed for advance polling when a special mobile poll will operate at the facility, and (

c) appoint a deputy returning officer, poll clerk and other election officers if required for each special mobile poll.

(5) When a person who is an elector attends to vote at the special mobile poll, the deputy returning officer shall (

a) if the person’s name app ears on a list of electors, enter opposite the name of that person on the list of electors in the appropriate column a check mark or other annotation indicating that the elector voted in the special mobile poll, or (

b) if the person’s name does not appear on any list of electors, (

i) require the person to comply with

section 95(1) or (2), and (ii) enter the person’s name and address on the list of electors and enter in the appropriate column in the poll book a check mark or other annotation indicating that the voter signed a declaration in accordance with

section 95(1) or signed a declaration and was vouched for in accordance with

section 95(2), and voted in the special mobile poll.

(6) The deputy returning officer shall advise the returning officer of the names and electoral divisions of all electors who voted at the deputy returning officer’s special mobile poll, and the Chief Electoral Officer shall, prior to polling day, advise each returning officer of the names of the electors for their respective electoral division who have so voted. Voting at a special mobile poll 125.2 An elector at a special mobile poll may only vote for a candidate in the electoral division where the elector is ordinarily resident.

46 Explanatory Notes

47 Application of Act to special mobile polls 125.3 Every facility at which one or more special mobile polls are established is a polling place under this Act and all relevant provisions of this Act apply with all necessary modifications. 71

Section 133(1) is amended by adding “and

section 133.1” after “this section”. 72 The following is added after

section 133: Canvassing in a multiple dwelling site before the campaign period 133.1(1) For the purposes of

section 133, as soon as a candidate is selected for endorsement as the official candidate of a registered party for an electoral division, the candidate and one campaign worker for that candidate are eligible to canvass in a multiple dwelling site.

(2) A campaign worker may canvass in a multiple dwelling site under this

section only if the campaign worker is accompanied by the candidate.

(3) For the purposes of this section, a candidate under subsection (1) is not required to file nomination papers or pay the $500 deposit under

section 61.

(4) As soon as a registered party has submitted the full name of the person selected for endorsement as the official candidate of the registered party for an electoral division to the Chief Electoral Officer under

section 9.3 of the Election Finances and Contributions Disclosure Act, the Chief Electoral Officer shall on the request of a candidate, provide the candidate with identification stating that the candidate is the official candidate for the registered party.

47 Explanatory Notes 71

Section 133(1) presently reads: 133(1) In this section, “multiple dwelling site” means (

a) an apartment building, condominium building or other multiple residence building, or (

b) any site in which more t han one residence is contained, including a mobile home park, gated community and any similar site. 72 Canvassing in a multiple dwelling site before the campaign period.

(5) The candidate referred to in subsection (4) shall request identification from the Chief Electoral Officer for the campaign worker who will be canvassing with or on behalf of the candidate.

(6) This

section applies as soon as a candidate is selected for endorsement as the official candidate of a registered party for an electoral division and ends at the start of a campaign period. 73 The following is added after

section 134: Restrictions on government advertising 134.1(1) In this

section and

section 134.2, (a) “by-election period” means the period commencing with the issue of the writ for a by-election and ending at the end of polling day; (b) “department” means a department established under

section 2 of the Government Organization Act; (c) “election period” means the period commencing with the issue of the writ for a general election and ending at the end of polling day; (d) “Provincial corporation” means a Provincial corporation as defined in the Financial Administration Act.

(2) During an election period, a department or a Provincial corporation shall not advertise or publish any information about its programs or activities unless the advertisement or publication (

a) is required by law, (

b) is required at that time (

i) to solicit proposals or tenders for contracts or applications for employment, or (ii) because it relates to important matters of public health or safety, or

48 Explanatory Notes 73 Restrictions on government advertising; complaints to Election Commissioner.

49 (

c) is a continuation of earlier publications or advertisements and is required for ongoing programs of a department or a Provincial corporation.

(3) During a by-election period, a department or a Provincial corporation shall not advertise or publish any information about its programs or activities that has a disproportionate impact on voters in the electoral division in which the by-election is being held unless the advertisement or publication (

a) is required by law, (

b) is required at that time (

i) to solicit proposals or tenders for contracts or applications for employment, or (ii) because it relates to important matters of public health or safety, (

c) is a continuation of earlier publications or advertisements and is required for ongoing programs of a department or a Provincial corporation, or (

d) deals with a matter before the Legislative Assembly such as the Speech from the Throne, the budget, the introduction or passage of a Bill or an order or resolution of the Assembly.

(4) During an election period, the name, voice or image of a candidate who was a member of the Legislative Assembly immediately before the writ of election is issued for that election shall not appear in the advertising or publication by a department or a Provincial corporation of any information about its programs or activities.

(5) During a by-election period, the name, voice or image of a candidate who was a member of the Executive Council, but not a member of the Legislative Assembly, immediately before the writ of election is issued for that by-election shall not appear in the advertising or publication by a department or a Provincial corporation of any information about its programs or activities.

49 Explanatory Notes

50 Complaints to Election Commissioner 134.2(1) Any person who believes that a department or Provincial corporation has contravened

section 134.1 may file a complaint with the Election Commissioner.

(2) If the Election Commissioner finds that a department or a Provincial corporation has contravened

section 134.1, the Election Commissioner may do one or both of the following: (

a) cause the advertisement or publication to be removed or discontinued, and in the case of an advertisement or publication displayed on a sign, poster or other similar format, neither the Election Commissioner nor any person acting under the Election Commissioner’s instructions is liable for trespass or damage resulting from the removal of the advertisement or publication; (

b) publish the particulars of the violation.

(3) If the Election Commissioner finds that a department or a Provincial corporation has contravened

section 134.1, the Election Commissioner shall include the particulars of the violation in the Election Commissioner’s report under

section 153.092. 74

Section 135(1) is amended by adding “, or within the boundaries of the land on which the building is located,” after “polling day”.

50 Explanatory Notes 74

Section 135 presently reads: 135(1) Subject to subsection (2), no person may (

a) display inside or on the outside of, or (

b) distribute within, a building used for a polling place at an advance poll or on polling day any election circular, card, poster, bill or other paper except those posted by the deputy returning officer or other election officials as required by this Act.

(2) When a polling place is located in a building containing a complex of interlocking offices, stores or other facilities, the prohibition in subsection (1) applies only to the office, store or facility comprising the area designated as a polling place.

51 75

Section 137 is amended (

a) in subsection (6) by adding “and submit it to the Chief Electoral Officer” after “Statement of Official Results”; (

b) by adding the following after subsection (6):

(7) The returning officer shall retain a copy of the Statement of Official Results for a period of 7 days after submitting it to the Chief Electoral Officer to allow for a possible judicial recount under this Part. 76

Section 138 is amended (

a) in subsection (1) by striking out “attend at the place, date and time stated in the election proclamation and announce the results of the official count and”; (

b) by repealing subsection (2) and substituting the following:

(2) After the returning officer declares the candidate elected under subsection (1), the Chief Electoral Officer shall announce the results of the official count.

51 Explanatory Notes

(3) Where a person displays any circular, card, poster, bill or other paper contrary to subsection (1) or (2), the returning officer may cause it to be removed, and neither the returning officer nor any person acting under the returning officer’s instructions is liable for trespass or damages resulting from or occasioned by the removal. 75

Section 137 presently reads in part:

(5) On completion of the official count of the polls, the returning officer shall provide to each candidate or each candidate’s official agent a Certificate and Return in the prescribed form indicating (

a) the number of votes counted for each candidate under this section, (

b) unless clause (

c) applies, the name of the candidate to be declared elected pursuant to

section 138, and (

c) if no candidate can be declar ed elected because there is an equality of votes for 2 or more candidates, that the results of the election will be subject to a judicial recount under this Part.

(6) On complying with subsection (5), the returning officer shall prepare the prescribed Statement of Official Results. 76

Section 138 presently reads: 138(1) The returning officer shall attend at the place, date and time stated in the election proclamation and announce the results of the official count and (

a) declare elected the candidate who received the largest number of votes, or (

b) if no candidate can be declar ed elected because there is an equality of votes for 2 or more candidates, declare that the results of the election are subject to a judicial recount under this Part.

(2) The returning officer shall retain a copy of the Statement of Official Results for a period of 10 days after announcing the results

52 77

Section 141(3) is repealed. 78

Section 144(3) is amended by striking out “returning officer” and substituting “Chief Electoral Officer”. 79

Section 145(3) is amended by adding “shall be given notice and” after “following”. 80

Section 146 is amended (

a) in subsection (6) by adding “or the person designated by the Chief Electoral Officer” after “returning officer”; (

b) by repealing subsection (7).

52 Explanatory Notes of the official count to allow for a possible judicial recount under this Part. 77

Section 141(3) presently reads:

(3) The returning officer shall complete the updating of the register under subsection (2) within the time period set out in

section 142(1). 78

Section 144(3) presently reads:

(3) An application must be filed not later than 8 days after the date the returning officer announces the results of the official count under

section 138 and on the filing of the application, the clerk of the Court shall set the date of the recount not later than the 10th day after the filing of the application. 79

Section 145(3) presently reads:

(3) At any recount of votes, the returning officer and election clerk shall be present and the following may be present: (

a) each candidate and each candid ate’s official agent, or either of them, or in their absence 2 electors of the relevant electoral division designated by the candidate; (

b) the Chief Electoral Offi cer or a designate or both; (

c) the legal representatives of the parties. 80

Section 146 presently reads in part:

(6) Notwithstanding subsection (5), the judge shall not open the outer envelope containing a Special Ballot if the envelope was received by the returning officer after the closing of the polling places on polling day.

(7) The judge shall as far as practicable proceed continuously with the recount from 9 a.m. to 6 p.m. or for any longer hours to which the judge and the persons present agree.

53 81

Section 147 is amended (

a) by renumbering it as

section 147(1); (

b) in subsection (1) (

i) by adding “submit the results to the Chief Electoral Officer and the Chief Electoral Officer shall, upon having received the results,” after “certification,”; (ii) in clause (

a) by adding “Chief Electoral Officer and” before “returning officer”; (

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

(2) After the returning officer declares the candidate elected under subsection (1), the Chief Electoral Officer shall announce the results of the recount.

(3) The judge shall retain the ballots for 3 days after certifying the result under subsection (1) and (

a) if there is an appeal under

section 148, forward the ballots to the Court of Appeal, or (

b) if there is no appeal under

section 148, return the ballots to the Chief Electoral Officer. 82

Section 148 is amended (

a) in subsections (1) and (6) by adding “Chief Electoral Officer and” before “returning officer”; (

b) by adding the following after subsection (8):

(9) After the returning officer declares the candidate elected under subsection (8)(a), the Chief Electoral Officer shall announce the results of the recount.

(10) No later than 60 days after the Court of Appeal declares the results of the election under subsection (7), the Court of Appeal shall return the ballots to the Chief Electoral Officer.

53 Explanatory Notes 81

Section 147 presently reads: 147 On conclusion of a recount, the judge shall immediately certify the result to the returning officer, who shall, on the 3rd day after the certification, (

a) declare elected the candidate found to have received the largest number of votes, unless the returning officer is served with a notice of appeal under

section 148(1), or (

b) declare that the results of the election are subject to an appeal under

section 148 (

i) if the returning officer is served with a notice of appeal under

section 148(1), or (ii) if no candidate can be de clared elected because there is an equality of votes for 2 or more candidates. 82

Section 148 presently reads in part: 148(1) Any party may appeal to the Court of Appeal from the decision of a judge of the Court of Queen’s Bench respecting a recount under

section 146 by serving the judge, the parties and the returning officer with a notice of appeal not later than the 2nd day following the judge’s certification of the result.

(6) On receipt of the ballots and documents, the Registrar of the Court of Appeal shall set the matter down for hearing not later than the 10th day after the receipt, and shall notify the parties and the returning officer accordingly.

(7) At the conclusion of the appeal, the Court of Appeal shall declare the results of the election in accordance with its recount and shall issue to the returning officer a certificate of those results.

54 83

Section 151(1) is amended by striking out “section 142(1)” and substituting “sections 142(1) and 148(9)”. 84

Section 152 is amended (

a) by adding “registered” before “candidate” wherever it occurs; (

b) by adding “registered” before “candidate’s official agent” wherever it occurs; (

c) by adding “registered” before “political party” wherever it occurs.

54 Explanatory Notes

(8) On receipt of the certificate of results under subsection (7), the returning officer shall (

a) declare elected the candidate found to have received the largest number of votes, or (

b) if no candidate can be declar ed elected because there is an equality of votes for 2 or more candidates, declare that no member was elected for the electoral division. 83

Section 151(1) presently reads: 151(1) Subject to this Act, the Chief Electoral Officer shall retain the documents and information transmitted to the Chief Electoral Officer pursuant to

section 142(1). 84

Section 152 presently reads: 152(1) A candidate and the candidate’s official agent, or either of them, may for a period of 30 days after the publication in The Alberta Gazette of the name of the candidate declared elected in the relevant electoral division, inspect any election documents, except ballots, retained by the Chief Electoral Officer and pertaining to the election in that electoral division.

(2) If within the 30-day period described in subsection (1) a candidate in an electoral division, a candidate’s official agent or a political party that has a candidate in the electoral division makes a written request to the Chief Electoral Officer for a copy of the poll books for the relevant electoral division, the Chief Electoral Officer shall, on payment of the cost to produce the copy as determined by the Chief Electoral Officer, furnish the copy to the candidate, official agent or political party.

(3) Information contained in documents referred to in subsections (1) and (2) may be used only for electoral purposes.

(3.1) A candidate, a candidate’s official agent or a political party to whom a copy of a poll book has been furnished under this

section shall take all reasonable steps to protect the poll book and the information contained in it from loss and unauthorized use.

55 85 The following is added after

section 153:

Part 4.1 Investigations Division 1 Election Commissioner Appointment of Election Commissioner 153.01(1) There shall be appointed pursuant to this Act an Election Commissioner.

(2) The Election Commissioner is an officer of the Legislature. Term of office 153.02(1) Subject to subsection (2), the Lieutenant Governor in Council shall appoint the Election Commissioner on the recommendation of the Assembly.

55 Explanatory Notes

(3.2) A candidate, a candidate’s official agent or a political party to whom a copy of a poll book has been furnished under this

section shall immediately notify the Chief Electoral Officer if the poll book or the information contained in the poll book has been lost.

(3.3) On being notified under subsection (3.2), the Chief Electoral Officer shall direct the candidate, the candidate’s official agent or the political party to take any action the Chief Electoral Officer considers appropriate.

(4) Subject to subsection (1), no person may inspect any election documents retained by the Chief Electoral Officer pertaining to the election in that electoral division except by order of a judge.

(5) A judge may make an order under subsection (4) if the judge is satisfied on oral or affidavit evidence that inspection of the election documents is required for the purpose of (

a) a prosecution for an offence under this Act, or (

b) a petition questioning an election or return.

(6) An order under this

section may be made subject to any conditions regarding the inspection that the

Document details

Collection	Alberta — Bills
Citation	L29 S3 11725
Type	bill
Volume / chapter	L29 S3 11725
Language	en
Format	json
Source	PROVINCIAL
Identifier	47ac527b52b340da05776067ab67eca913c59713

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