Bill 54 — First Session, 31St Legislature, 3 Charles Iii the Legisla Tive Assembly of Alberta Bill 54 Election S Tatutes Amendment Act, 2025 (Legislature 31, Session 1)

L31 S1 12082

Alberta — Bills

2025 Bill 54 First Session, 31st Legislature, 3 Charles III THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 54 ELECTION S TATUTES AMENDMENT ACT, 2025 THE MINISTER OF JUSTICE Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 54 BILL 54 2025 ELECTION STATUTES AMENDMENT ACT, 2025 ( A s s e n t e d t o , 2 0 2 5 ) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Pension Protection Act Amends SA 2023 cA-29.5 1(1) The Alberta Pension Protection Act is amended by this section.

(2) Section 4(2)(

b) is repealed and the following is substituted: (

b) the reference in

section 7.1 of the Referendum Act to a referendum under that Act shall be read as a reference to a referendum held under this Act,

(3) This

section comes into force on Proclamation. Alberta Personal Income Tax Act Amends RSA 2000 cA-30 2(1) The Alberta Personal Income Tax Act is amended by this section.

1 Explanatory Notes Explanatory Notes Alberta Pension Protection Act 1(1) Amends

chapter A-29.5 of the Statutes of Alberta, 2023.

(2) Section 4(2)(

b) presently reads:

(2) For the purpose of subsection (1), (

b) the reference in

section 7.1 of the Referendum Act to (

i) a referendum held under that Act shall be read as a reference to a referendum held under this Act, and (ii)

section 5.1(2)(b)(ii) of that Act shall be read as a reference to

section 2(3)(b)(ii) of this Act,

(3) Coming into force. Alberta Personal Income Tax Act 2(1) Amends

chapter A-30 of the Revised Statutes of Alberta 2000.

(2) Section 24 is amended (

a) in subsection (1) by adding the following after clause (c): (d) “registered prospective ca ndidate association” means a registered prospective candidate association under the Election Finances and Contributions Disclosure Act. (

b) in subsections (2.1) and (3) by adding “registered prospective candidate association,” after “registered constituency association,”. (3) Subsection (2) applies to the 2025 and subsequent taxation years.

(4) This

section comes into force on Proclamation. Alberta Senate Election Act Amends SA 2019 cA-33.5 3(1) The Alberta Senate Election Act is amended by this section.

(2) Section 1(1) is amended (

a) by adding the following after clause (a): (a.1) “Chief Electoral Offi cer” means the Chief Electoral Officer appointed under

section 2 of the Election Act; (

b) by adding the following after clause (e): (e.1) “local jurisdiction” means a municipality as defined in the Municipal Government Act or a school division as defined in the Education Act;

2 Explanatory Notes

(2) Section 24 presently reads in part: 24(1) In this section, (c) “registered party” means a polit ical party that is a registered party under the Election Finances and Contributions Disclosure Act.

(2.1) In respect of the aggregate amount of contributions under the Election Finances and Contributions Disclosure Act contributed on or after January 1, 2004 by an individual, other than a trust, during a taxation year to a registered party, registered constituency association, registered candidate or registered leadership contestant, that individual may deduct the lesser of the amount of tax payable and an amount equal to

(3) Payment of each amount that is included in the aggregate amount of contributions in respect of which a deduction is claimed under subsection (2.1) must be proved by filing with the Provincial Minister receipts signed on behalf of the registered party, registered constituency association, registered candidate or registered leadership contestant, as the case may be.

(3) Application.

(4) Coming into force. Alberta Senate Election Act 3(1) Amends

chapter A-33.5 of the Statutes of Alberta, 2019.

(2) Adds

definitions.

(3) The following is added after

section 5: Recommendation to discontinue election 5.1 The Chief Electoral Officer may recommend that the Lieutenant Governor in Council discontinue an election under this Act and commence a new election at another date and time if (

a) the election is being held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 5(1)(a)(ii) and the Chief Electoral Officer is of the opinion that an adjournment under

section 4(3.1) of the Election Act is insufficient to address the circumstances set out in that section, or (

b) the election is being held in conjunction with the general elections under the Local Authorities Election Act and the Chief Electoral Officer is of the opinion that an extension, adjournment or any other action under

section 6.1 of that Act is insufficient to address the circumstances set out in that section. Discontinuing and recommencing election due to emergency 5.2(1) The Lieutenant Governor in Council may, by order, discontinue an election under this Act if (

a) the election is being held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 5(1)(a)(ii) and (

i) the Lieutenant Governor in Council is of the opinion that an adjournment under

section 4(3.1) of the Election Act is insufficient to address the circumstances set out in that section, or (ii) the election is discontinued under

section 4(3.5) of the Election Act, or (

b) the election is being held in conjunction with the general elections under the Local Authorities Election Act and the Lieutenant Governor in Council is of the opinion that an extension, adjournment or any other action under

3 Explanatory Notes

(3) Recommendation to discontinue election; discontinuing and recommencing election due to emergency.

section 6.1 of that Act is insufficient to address the circumstances set out in that section.

(2) An order under subsection (1) may discontinue the election in one or more electoral divisions or local jurisdictions, as the case may be, and may (

a) commence a new election at another date and time, and (

b) authorize the Lieutenant Governor in Council to issue a writ of election in the prescribed form addressed to the Chief Electoral Officer.

(3) On being notified of an order under subsection (1), the Chief Electoral Officer shall publish, on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary, a notice that the election has been discontinued under this section.

(4) If an order under subsection (1) discontinues an election and commences a new election at another day and time, nominations of candidates previously filed remain valid for the new election.

(5) If an election is discontinued under subsection (1), 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.

(6) On receipt of a writ under subsection (2), the Chief Electoral Officer shall endorse on it the date on which the Chief Electoral Officer received it and shall (

a) advise the returning officer of each electoral division or local jurisdiction for which an election is to take place, as the case may be, that a writ has been issued, and (

b) transmit a copy of the wr it to each returning officer advised in accordance with clause (a).

4 Explanatory Notes

5 (4)

Section 29(1) is amended by striking out “sections 4.1” and substituting “sections 4(1) to (3.41) and (3.9) to (8), 4.1”.

(5) Section 37(1) is amended by striking out “sections 5” and substituting “sections 5, 6.1”.

(6) Section 38 is amended (

a) in subsection (1) (

i) by striking out “and every Metis settlement council”; (ii) by striking out “or Metis settlement, as the case may be,”; (

b) in subsection (4) by striking out “, the portion of the City of Lloydminster located in Alberta or Indian reserve” and substituting “or the portion of the City of Lloydminster located in Alberta”; (

c) in subsection (5) (

i) by repealing clause (

a) and substituting the following: (

a) with any elected authority, or (ii) by striking out “band council of an Indian band,”; (

d) in subsection (6) by striking out “band council of an Indian band,”;

5 Explanatory Notes (4)

Section 29(1) presently reads: 29(1) Except as provided in this Part and the regulations, sections 4.1, 4.11, 4.12, 19.1 and 20,

Part 3 and sections 133, 134, 136, 137(1) to (4), 140 to 143, 151 and 152 of the Election Act apply to an election under this Act held in conjunction with a general election under the Election Act or held separately on a date fixed in an order under

section 5 as if it were a general election under the Election Act.

(5) Section 37(1) presently reads: 37(1) Except as provided in this Part, sections 5, 13 to 20, 35(2) and (4), 36 to 40, 45 to 49, 52 to 61, 64 to 68, 69, 72 to 87, 88(1), 89 to 94, 100 to 102, 148 to 150 and 152 to 158.1 of the Local Authorities Election Act apply to an election under this Act held in conjunction with the general elections under the Local Authorities Election Act as if it were a general election under the Local Authorities Election Act.

(6) Section 38 presently reads in part: 38(1) Where an election under this Act is to be held in accordance with this Part, every council, except the council of a summer village, and every Metis settlement council shall conduct a vote of the electors residing in the municipality or Metis settlement, as the case may be, for the purposes of the election under this Act.

(4) The Minister responsible for the Local Authorities Election Act is responsible for conducting the vote of the electors residing in an improvement district, special area, summer village, the portion of the City of Lloydminster located in Alberta or Indian reserve and for the purposes of an election under this Act has all the rights, powers and duties of a council to conduct the vote, including the authority to appoint returning officers and other election officers.

(5) The Minister responsible for the Local Authorities Election Act may enter into an agreement (

a) with any elected authority and band council of an Indian band in the area or in an area adjacent to the improvement district, special area, summer village, the portion of the City of Lloydminster located in Alberta or Indian reserve, or (

b) with the advisory committee of an improvement district or special area or the council of a summer village

6 (

e) in subsection (7) by striking out “, band councils of Indian bands”.

(7) The following is added after

section 38: Location of voting places on Indian reserves and Metis settlements 38.1(1) In preparation for an election under this Act that is held in conjunction with the general elections under the Local Authorities Election Act, the Chief Electoral Officer shall consult with the band council of each Indian band and with the Metis settlement council and settlement administrator of each Metis settlement to determine whether a suitable building located on the Indian reserve or Metis settlement, as the case may be, may be used as a voting place for electors who are residents of the Indian reserve or Metis settlement, as the case may be.

(2) If the band council of an Indian band or the Metis settlement council of a Metis settlement agrees to the use of a suitable building located on the Indian reserve or Metis settlement, as the case may be, the Chief Electoral Officer shall use the building as a voting place.

(8) Section 39 is repealed and the following is substituted: Electors list 39 The permanent electors register for a municipality compiled and revised under the Local Authorities Election Act shall be used for conducting a vote for the purposes of an election under this Act in that municipality.

6 Explanatory Notes to conduct the vote on the Minister’s behalf, and the elected authority, band council of an Indian band, advisory committee and council are authorized to enter into such an agreement.

(6) An elected authority, band council of an Indian band, advisory committee or council that enters into an agreement under subsection (5) has all the rights, powers and duties of the Minister to conduct the vote.

(7) In accordance with the regulations under

section 27, payments must be made to elected authorities, band councils of Indian bands and other bodies that conduct a vote for the purposes of an election under this Act.

(7) Location of voting places on Indian reserves and Metis settlements.

(8) Section 39 presently reads: 39(1) The list of electors, if any, for a municipality compiled and revised under the Local Authorities Election Act shall be the list of electors for conducting a vote for the purposes of an election under this Act in that municipality.

(2) Where an election under this Act is to be held in accordance with this

Part in a Metis settlement, a list of electors must be compiled and revised in accordance with the Local Authorities Election Act for the purposes of the election.

(9) Section 42 is amended (

a) in subsection (2) (

i) by striking out “band council of an Indian band,”; (ii) by striking out “band council,”; (

b) in subsection (3) by striking out “, special area or Indian reserve” and substituting “or special area”.

(10) Section 48.1 is amended (

a) by striking out “Metis settlement council,”; (

b) by striking out “band council of an Indian band,”.

(11) This

section comes into force on Proclamation. Alberta Taxpayer Protection Act Amends RSA 2000 cA-36 4(1) The Alberta Taxpayer Protection Act is amended by this section.

(2) Section 4 is amended (

a) in subsection (1) by striking out “6 to 11” and substituting “5.3 to 11”; (

b) in subsection (2)(a) (

i) by striking out “sections 4 and 5” and substituting “sections 4, 5 and 5.3”; (ii) by striking out “section 1 or 2” and substituting “section 1 or 5.1”.

7 Explanatory Notes

(9) Section 42 presently reads in part:

(2) Where an elected authority, band council of an Indian band, advisory committee or council has entered into an agreement with the Minister under

section 38(5) to conduct a vote on the Minister’s behalf in one or more local areas, the elected authority, band council, advisory committee or council, as the case may be, may combine those local areas and divide them into one or more subdivisions.

(3) For the purpose of subsection (2), “local area” means a municipality, improvement district, special area or Indian reserve or a park as defined in the Canada National Parks Act (Canada).

(10) Section 48.1 presently reads: 48.1 Where an election under this Act is to be held in accordance with this Part, every council, Metis settlement council, elected authority, band council of an Indian band, advisory committee of an improvement district or special area or the council of a summer village that has conducted a vote under

section 38 must provide the ballot boxes to the Chief Electoral Officer to allow for a judicial recount under

section 23.

(11) Coming into force. Alberta Taxpayer Protection Act 4(1) Amends

chapter A-36 of the Revised Statutes of Alberta 2000.

(2) Section 4 presently reads in part: 4(1) Sections 0.1, 4, 5 and 6 to 11 of the Referendum Act, and the regulations made under that Act in relation to those sections, apply to the conduct of a referendum ordered under this Act.

(2) For the purpose of subsection (1), (

a) the reference in sections 4 and 5 of the Referendum Act to

section 1 or 2 of that Act shall be read as a reference to

section 2 of this Act,

(3) This

section comes into force on Proclamation. Citizen Initiative Act Amends SA 2021 cC-13.2 5(1) The Citizen Initiative Act is amended by this section.

(2) Section 1(1)(

p) is repealed and the following is substituted: (p) “signature sheet” means a signature sheet referred to in

section 3 or 9, as applicable, for obtaining the signatures of electors;

(3) Section 2 is amended (

a) by repealing subsection (5)(

a) and substituting the following: (

a) a proposal that, within the la st 5 years, was the subject of an unsuccessful referendum under

section 15 or 16 or an unsuccessful initiative vote under

section 18, or (

b) by repealing subsections (10) and (11).

8 Explanatory Notes

(3) Coming into force. Citizen Initiative Act 5(1) Amends

chapter C-13.2 of the Statutes of Alberta, 2021.

(2) Section 1(1)(

p) presently reads: 1(1) In this Act, (p) “signature sheet” means a signature sheet referred to in

section 3 or 9, as applicable, for use (

i) in the case of a legislat ive proposal or a policy proposal, for obtaining the signatures of electors, and (ii) in the case of a cons titutional referendum proposal, for obtaining the signatures of electors for a specific electoral division;

(3) Section 2 presently reads in part:

(5) An application must not relate to a proposal that in the opinion of the Chief Electoral Officer is the same as or substantially similar to (

a) a proposal that, within the last 5 years, the Chief Electoral Officer has determined to be unsuccessful under

section 11, or

(10) The Chief Electoral Officer may, with respect to a legislative proposal, a policy proposal or a constitutional referendum proposal, state a question in the form of a special case to the Court seeking the opinion of the Court as to whether the proposal conforms to the requirements of subsections (3) and (4), as applicable.

(11) If the Chief Electoral Officer refers a proposal to the Court under subsection (10), (

a) the Administrative Procedur es and Jurisdiction Act applies, as if the proposal were a referral under

section 13(1)(

b) of that Act, and (

b) the Chief Electoral Officer s hall provide written notice of the referral at least 14 days before the date of the proceeding

(4) The following is added after

section 2: Question to the Court 2.1(1) The Chief Electoral Officer may, with respect to a legislative proposal, a policy proposal or a constitutional referendum proposal, state a question in the form of a special case to the Court seeking the opinion of the Court as to whether the proposal conforms with the requirements of

section 2(3) and (4), as applicable.

(2) If the Chief Electoral Officer states a question in the form of a special case to the Court under subsection (1), (

a) the Administrative Procedures and Jurisdiction Act applies as if the question were a question under

section 13(1)(

b) of that Act, (

b) the Chief Electoral Officer shall provide written notice of the decision to state the question, no later than 7 days after stating the question, (

i) to the applicant, and (ii) to the Minister of Justice of Alberta, and (

c) the clerk of the Court shall set the date on which the question will be heard by the Court to be no later than the 10th day after the Chief Electoral Officer stated the question to the Court.

(3) In a proceeding relating to the determination of a question referred to in subsection (1), the applicant may appear and participate, and if the applicant appears, the applicant is deemed to be a party to the proceeding and has the same rights as any other party.

9 Explanatory Notes (

i) to the applicant, (ii) to the Minister of Justice of Alberta, and (iii) to the Attorney General of Canada.

(4) Question to the Court; determination period.

(4) The Chief Electoral Officer must state a question in the form of a special case to the Court under subsection (1) no later than 30 days after the date on which an elector applied for the issuance of an initiative petition. Determination period 2.2(1) Subject to subsection (2), the Chief Electoral Officer must determine, no later than 30 days after the date on which an elector applied for the issuance of an initiative petition, if the requirements in

section 2 have been met.

(2) If the Chief Electoral Officer has stated a question in the form of a special case to the Court under

section 2.1, the Chief Electoral Officer must determine, no later than 30 days after the date on which the Court gives its decision, if the requirements in

section 2 have been met.

(5) Section 3 is amended (

a) in subsection (1) by striking out “reasons therefore” and substituting “reasons for the rejection”; (

b) in subsection (2) by adding “, within 7 days of the date of determination,” after “shall”; (

c) in subsection (3) by striking out “30 days” and substituting “7 days”; (

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

(4) The Chief Electoral Officer shall issue an initiative petition in a form that the Chief Electoral Officer considers appropriate for the purposes of this Act and shall provide signature sheets for use in obtaining the signatures of electors. (

e) by repealing subsection (5)(c).

10 Explanatory Notes

(5) Section 3 presently reads in part: 3(1) If the Chief Electoral Officer is not satisfied that the requirements of

section 2 have been met, the Chief Electoral Officer shall reject the application and notify the applicant of the rejection and the reasons therefore.

(2) If the Chief Electoral Officer is satisfied that the requirements of

section 2 have been met, the Chief Electoral Officer shall

(3) If satisfied that the requirements under

section 21(1) with respect to the appointment of a chief financial officer have been complied with, the Chief Electoral Officer shall, 30 days after the date on which the notice of initiative petition to be issued is published,

(4) The Chief Electoral Officer shall issue an initiative petition in a form that the Chief Electoral Officer considers appropriate for the purposes of this Act and shall provide (

a) in the case of a legislat ive proposal or a policy proposal, signature sheets for use in obtaining the signatures of electors, and (

b) in the case of a constitu tional referendum proposal, separate signature sheets for use in obtaining the signatures of electors in each electoral division.

11 (6)

Section 4(4) is amended by striking out “90 days” and substituting “120 days”.

(7) Section 6 is amended (

a) by repealing subsections (2) and (3) and substituting the following:

(2) The signature sheets for the initiative petition must be signed by a total number of electors equal to at least 10% of the total number of votes cast in the previous general election. (

b) in subsection (4) by striking out “subsections (2) and (3)” and substituting “subsection (2)”.

11 Explanatory Notes

(5) In addition to the information referred to in subsection (3)(b), the Chief Electoral Officer may, as the Chief Electoral Officer considers appropriate, publish the following on the Chief Electoral Officer’s website: (

c) in the case of a constitutional referendum proposal, (

i) the total number of elector al divisions as of the most recent post-election-day list of electors, (ii) the total numbers of electors in each electoral division on the most recent post-election-day list of electors, (iii) the total number of signatures that are required from electors in each electoral division for the initiative petition to succeed, and (iv) the total number of signatures that are required from electors in the Province for the initiative petition to succeed;

(6) Section 4(4) presently reads:

(4) Except as provided under

section 9(4), an individual shall sign a signature sheet only within the 90 days following the date on which the initiative petition is issued by the Chief Electoral Officer.

(7) Section 6 presently reads in part:

(2) The signature sheets for the initiative petition must (

a) in the case of a legislativ e proposal, be signed by at least 10% of the total number of electors entitled to sign those signature sheets, (

b) in the case of a policy propos al, be signed by at least 10% of the total number of electors entitled to sign those signature sheets, and (

c) in the case of a constituti onal referendum proposal, be signed by at least 20% of the total number of electors in the Province entitled to sign those signature sheets.

(3) In the case of a constitutional referendum proposal, a threshold of 20% of the total number of electors entitled to sign the signature sheets for the initiative petition shall be reached in at least 2/3 of all electoral divisions.

(8) Section 8 is repealed.

(9) Section 10 is amended by striking out “60 days” and substituting “21 days”.

(10) Section 11(3)(

b) is repealed and the following is substituted: (

b) the actual or estimated total number of votes cast in the previous general election and whether the number is actual or estimated, and

(11) Section 12(2)(

b) is repealed and the following is substituted: (

b) the actual or estimated votes cast in the previous general election and whether the number is actual or estimated, and

(12) Section 15 is amended by adding the following after subsection (3):

12 Explanatory Notes

(4) To be counted for the purpose of subsections (2) and (3), a signature on the initiative petition shall be witnessed by the individual who canvassed the signature and be accompanied by

(8) Section 8 presently reads: 8 If an electoral division is disestablished or changed during an initiative petition signing period, a reference in this Part to an electoral division is deemed to be a reference to the electoral division as it was on the day on which the initiative petition was issued.

(9) Section 10 presently reads: 10 Except as provided in Division 2, the Chief Electoral Officer shall, within 60 days after the signature sheet submission date, determine whether the initiative petition meets the requirements of

section 6. (10)

Section 11(3)(

b) presently reads:

(3) With respect to an unsuccessful initiative petition, the Chief Electoral Officer may on request or on the Chief Electoral Officer’s own initiative, disclose or publish on the Chief Electoral Officer’s website, as the Chief Electoral Officer considers appropriate, (

b) the actual or estimated perc entage of the total number of electors, by electoral division, who signed the signature sheets with respect to a constitutional referendum proposal and whether the percentage is actual or estimated, and

(11) Section 12(2)(

b) presently reads:

(2) With respect to a successful initiative petition, the Chief Electoral Officer shall disclose or publish on the Chief Electoral Officer’s website, as the Chief Electoral Officer considers appropriate, (

b) the actual or estimated perc entage of the total number of electors, by electoral division, who signed the signature sheets with respect to a constitutional referendum proposal and whether the percentage is actual or estimated, and

(12) Adds referendum requirements.

(4) Subject to subsection (5), a referendum must be held on or before the date fixed for the next general election under

section 38.1 of the Election Act.

(5) If the date fixed for the next general election under

section 38.1 of the Election Act is less than one year after the date on which the report recommending the referendum is tabled under subsection (2)(b), the referendum must be held before the general election following the general election referred to in subsection (4).

(13) Section 16 is amended by adding the following after subsection (2):

(3) Subject to subsection (4), a referendum must be held on or before the date fixed for the next general election under

section 38.1 of the Election Act.

(4) If the date fixed for the next general election under

section 38.1 of the Election Act is less than one year after the date on which the Minister received a copy of the constitutional referendum proposal under

section 12(1)(b), the referendum must be held before the general election following the general election referred to in subsection (3).

(14) Section 18(3) is repealed and the following is substituted:

(3) Subject to any regulations made under

section 18.1, the provisions of the Election Act governing general elections apply with all necessary modifications with respect to the conduct of an initiative vote, except as specified by order of the Lieutenant Governor in Council.

(3.1) Subject to subsection (3.2), an initiative vote must be held on or before the date fixed for the next general election under

section 38.1 of the Election Act.

(3.2) If the date fixed for the next general election under

section 38.1 of the Election Act is less than one year after the date on which the report recommending the initiative vote is tabled under

section 14(2)(b), the initiative vote must be held before the general election following the general election referred to in subsection (3.1).

13 Explanatory Notes

(13) Adds referendum requirements.

(14) Section 18(3) presently reads:

(3) An initiative vote held on a date provided in the order under subsection (2) may be conducted by mail-in ballot in accordance with the regulations.

(15) Section 20 is amended (

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

(2) The following may make a contribution to a proponent in respect of an initiative petition: (

a) an individual ordinarily resident in Alberta; (

b) a corporation other than a prohibited corporation; (

c) an Alberta trade union or Alberta employee organization. (

b) in subsection (3) by striking out “an individual” and substituting “a person or an organization referred to in subsection (2)”.

(16) Section 23(2)(

e) is amended by striking out “an individual” and substituting “a person or an organization referred to in

section 20(2)”.

(17) Section 53 is amended (

a) by renumbering it as subsection (2); (

b) by adding the following before subsection (2): Judicial review 53(1) Subject to this

section and the regulations, the Election Act and Election Finances and Contributions Disclosure Act apply with all necessary modifications with respect to an application for judicial review.

14 Explanatory Notes

(15) Section 20 presently reads in part:

(2) Only an individual who is ordinarily resident in Alberta may make contributions to a proponent in respect of an initiative petition.

(3) The total amount of all contributions by an individual to a proponent, or that may otherwise occur as prescribed in respect of an initiative petition, shall not exceed the prescribed amount.

(16) Section 23(2)(

e) presently reads:

(2) Without limiting the general powers conferred by this section, the Lieutenant Governor may make regulations for the purposes of this Part (

e) prescribing the total amount of all contributions by an individual to a proponent or that may otherwise occur in respect of an initiative petition for the purposes of

section 20(3);

(17) Section 53 presently reads: 53 An application for judicial review of a decision or order under this Act shall be filed with the Court and served on the applicable decision maker no later than 30 days from the date of the decision or order.

(18) Section 66 is amended by adding the following before subsection (1): Administrative penalties 66(0.1) Subject to this Part and the regulations, the Election Act and Election Finances and Contributions Disclosure Act apply with all necessary modifications with respect to an administrative penalty issued under this section.

(19) The Citizen Initiative Act, as it read immediately before the coming into force of this section, continues to apply to (

a) an application for the issuance of an initiative petition made under

section 2 of the Citizen Initiative Act before the coming into force of this

section and any resulting initiative petition, (

b) a referendum referred to in

section 15(2)(

b) or 16(1) of the Citizen Initiative Act for which an order has been issued under the Referendum Act before the coming into force of this section, and (

c) an initiative vote for which an order has been issued under

section 18 of the Citizen Initiative Act before the coming into force of this section.

(20) This

section comes into force on Proclamation. Election Act Amends RSA 2000 cE-1 6(1) The Election Act is amended by this section.

(2) Section 1 is amended (

a) in subsection (1) (

i) in clause (

d) by striking out “by a candidate”; (ii) by adding the following after clause (i): (i.1) “election period” means the period beginning on the day a writ is issued for a general election and ending on the election day for that general election;

15 Explanatory Notes

(18) Application of acts re administrative penalties.

(19) Transitional.

(20) Coming into force. Election Act 6(1) Amends

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

(2) Section 1 presently reads in part: 1(1) In this Act, (d) “chief financial officer” means a person so appointed by a candidate pursuant to the Election Finances and Contributions Disclosure Act; (mm.3) “voting record” means a record containing the information described in

section 17 that is used

16 (iii) by adding the following after clause (o): (o.1) “leadership contestant” has the same meaning as in the Election Finances and Contributions Disclosure Act; (iv) by adding the following after clause (s.2): (s.3) “municipal council” means council within the meaning of the Municipal Government Act; (s.4) “municipal councillor” means councillor within the meaning of the Municipal Government Act; (

v) by adding the following after clause (u): (u.1) “population centre” mean s each of the following: (

i) a city; (ii) a town; (iii) a village; (iv) a summer village; (

v) a hamlet; (vi) an urban service area; (vi) by adding the following after clause (aa): (aa.1) “registered candidate” has the same meaning as in the Election Finances and Contributions Disclosure Act; (vii) by adding the following after clause (cc): (cc.01) “registered prospectiv e candidate association” has the same meaning as in the Election Finances and Contributions Disclosure Act; (viii) by adding the following after clause (ee): (ee.1) “school board” has the same meaning as in the Education Act;

16 Explanatory Notes (iii) to add electors who have taken a declaration under

section 100.4 or 100.5,

(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.

17 (ee.2) “school board trust ee” means trustee within the meaning of the Education Act; (ix) in clause (mm.3)(iii) by striking out “or 100.5”; (

b) in subsection (4) by striking out “sections 56(c.2) and 116(1)(c)” and substituting “section 56(c.2)”; (

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

(4.1) A word or phrase in subsection (1)(u.1)(

i) to (vi) has the same meaning as within the Municipal Government Act or its regulations.

(3) Section 4.1 is amended (

a) in subsection (1) by striking out “Where” and substituting “Subject to subsection (1.1), if”; (

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

(1.1) The Chief Electoral Officer must not, in respect of a proposal under subsection (1), propose the testing of a voting machine, tabulator or other similar type of electronic equipment to be used for the counting of votes.

(4) Section 4.11 is amended (

a) in subsection (2) by striking out “The Chief Electoral Officer” and substituting “Subject to subsection (2.1), the Chief Electoral Officer”; (

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

(2.1) The Chief Electoral Officer must not make a directive under subsection (2)(

a) that provides for the counting of votes by means of a voting machine, tabulator or other similar type of electronic equipment.

17 Explanatory Notes

(3) Section 4.1 presently reads in part: 4.1(1) Where the Chief Electoral Officer wishes to test at a by-election the use of election procedures and equipment that are different from what this Act requires, the Chief Electoral Officer shall submit a written proposal to the Standing Committee describing in detail the election procedures and equipment proposed to be tested.

(4) Section 4.11 presently reads in part:

(2) The Chief Electoral Officer, with respect to voting at an advance voting place, (

a) may make a directive (

i) describing the procedures to be used for voting at the advance voting place, including (

A) providing for the form and printing of ballots for use at the advance voting place, (

B) providing for the delivery of votes to the location where they are to be counted, and (

C) providing for the counting of votes, (ii) describing in detail how the Act will be modified for the purposes of this subsection, and

(5) Section 4.12(4) is amended by striking out “and related vote-counting equipment”.

(6) The following is added after

section 4.2: Advice and recommendations 4.21(1) A person to whom this Act applies may request that the Chief Electoral Officer provide the person with advice on the person’s powers, duties or rights under this Act.

(2) The Chief Electoral Officer may, in writing, provide a person who made a request under subsection (1) with advice that (

a) sets out the material facts on which the request is based, (

b) is based on the facts referred to in clause (a), and (

c) may be based on any other considerations that the Chief Electoral Officer considers appropriate.

(3) If a person who made a request under subsection (1) becomes aware of a change to a material fact on which the request is based before the Chief Electoral Officer provides advice in accordance with subsection (2), the person must, as soon as practicable, notify the Chief Electoral Officer of the change.

(4) Subject to subsection (5), the Chief Electoral Officer must keep confidential the advice provided to a person under subsection (2) except in the following circumstances: (

a) the person makes it publicly available; (

b) the person provides the Chief Electoral Officer with written consent to make it publicly available or specifically available to a particular person; (

c) it is required to be disclosed for the purpose of a proceeding.

18 Explanatory Notes (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,

(5) Section 4.12(4) presently reads:

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

(6) Advice and recommendations.

(5) The Chief Electoral Officer may make the following advice publicly available: (

a) advice of a general nature in respect of the enforcement,

interpretation or application of a provision of this Act; (

b) advice provided under subsection (2) if identifying information about the person who made the request under subsection (1) has been removed.

(6) For greater certainty, a reference to advice in subsection (2) or (5) includes the following: (

a) the material facts set out in the advice; (

b) other considerations on which the Chief Electoral Officer’s advice is based; (

c) a recommendation included as a part of the advice.

(7) A person may not be the subject of a civil or administrative proceeding or administrative penalty under this Act to the extent that the proceeding or penalty is based on the person’s reliance on advice provided in accordance with subsection (2) or (5).

(7) Section 17 is amended by adding “and the regulations” after “section 18(7)”.

(8) Section 20(2) is amended by striking out “A list” and substituting “Subject to the regulations, a list”.

(9) Section 43(2) is repealed and the following is substituted:

(2) Subject to

section 45, an elector is eligible to vote at a voting place for a candidate in the electoral division where the elector is ordinarily resident if (

a) the elector’s name appears on the list of electors for the voting area, the elector’s identification matches the name on the list of electors and

19 Explanatory Notes

(7) Section 17 presently reads: 17 Subject to

section 18(7), only the first names, middle names and surnames, the addresses, including postal codes, the telephone numbers and the unique identifier numbers of electors may be contained in the list of electors.

(8) Section 20(2) presently reads in part:

(2) A list of electors, including a post-election-day list of electors under

section 19, may be used only as follows:

(9) Section 43(2) presently reads:

(2) Subject to

section 45, an elector is eligible to vote for a candidate in the electoral division where the elector is ordinarily resident if (

a) the elector’s name appears on the list of electors for the voting area and

20 (

i) the address on the elector ’s identification matches the elector’s address as shown on the list of electors, or (ii) the address on the el ector’s identification does not match the elector’s address as shown on the list of electors but the elector confirms that the elector is ordinarily resident in the voting area by (

A) providing one or more documents that satisfy an election officer on reasonable grounds that the elector is ordinarily resident in the voting area, and (

B) signing a declaration as required under

section 100.2(c), (

b) the elector’s name does not appear on the list of electors for the voting area and (

i) the address on the elector’s identification demonstrates that the elector is ordinarily resident in the voting area and the elector signs a declaration under

section 100.4(c), or (ii) the elector confirms the elector is ordinarily resident in the voting area by (

A) providing one or more documents that satisfy an election officer on reasonable grounds that the elector is ordinarily resident in the voting area, and (

B) signing a declaration under

section 100.4, or (

c) the elector’s name has been entered in the Special Ballot voting record and the elector (

i) has completed and signed

part 1 of the certificate referred to in

section 118(2)(d), and (ii) has provided a copy of the elector’s prescribed identification document or documents in accordance with

section 118(2)(e).

20 Explanatory Notes (

i) the name and address on the elector’s identification match the name and address on the list of electors, (ii) the name and address on th e elector’s identification does not match the name and address on the list of electors but the elector confirms the elector’s identity and current residential address by signing a declaration under

section 100.2, or (iii) the elector does not have identification and is accompanied by another elector whose name appears on the list of electors for the same voting area and (

A) that other elector provides their identification to an election officer and vouches for the elector by signing a declaration under

section 100.3, and (

B) the elector confirms the elector’s identity and current residence by signing a declaration under

section 100.3, (

b) the elector’s name does not appear on the list of electors for the voting area and (

i) the elector provides identification to confirm the elector’s identity and current residential address and signs a declaration under

section 100.4, or (ii) the elector is accompanied by another elector whose name appears on the list of electors for the same voting area and (

A) that other elector provides their own identification to an election officer and vouches for the elector by signing a declaration under

section 100.5, and (

B) the elector confirms the elector’s identity and current address by signing a declaration under

section 100.5, or (

c) the elector’s name has been entered in the Special Ballot voting record and the elector has properly completed

part 1 of the certificate referred to in

section 118(2)(

d) and provided a copy of their prescribed identification document or documents referred to in

section 118(2)(e).

21 (10)

Section 46(1) is amended (

a) by repealing clauses (

d) and (

e) and substituting the following: (

d) municipal councillors; (

e) school board trustees; (

b) by adding the following after clause (g): (g.1) chief financial officers;

(11) Section 52(2) is repealed and the following is substituted:

(2) The returning officer must locate voting places within a voting area in a manner that meets the following requirements: (

a) on election day, at least 95% of the electors’ ordinary residences in the voting area are within 50 km of a voting place; (

b) in each population centre with at least 1000 residents there is at least one voting place on voting day.

(2.1) For the purposes of subsection (2), the number of residents in a population centre is to be determined from (

a) the most recent order specifying population in accordance with

section 604.1 of the Municipal Government Act, or (

b) the most recent informati on respecting the population, as the returning officer considers appropriate, including information from (

i) the most recent decenni al census of population referred to in subsection 19(3) of the Statistics Act (Canada), or (ii) the most recent province‑wide census that is more recent than the decennial census referred to in subclause (i).

21 Explanatory Notes (10)

Section 46(1) presently reads in part: 46(1) The following persons shall not be appointed or act as returning officers or election clerks: (

d) councillors under the Municipal Government Act; (

e) trustees of a board of a school division under the Education Act;

(11) Section 52(2) presently reads:

(2) A voting place shall be in a location that, in the opinion of the returning officer, is convenient for the electors.

(12) Section 53 is amended (

a) in subsection (1) by adding “or advance voting place” after “voting place” wherever it occurs; (

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

(2) If a returning officer fixes a different voting place or advance voting place in accordance with subsection (1), the returning officer must, as soon as practicable, notify the electors in the voting area in a clear and accurate manner that states the location of the different voting place or advance voting place by posting (

a) a reasonable number of signs that, if possible, (

i) are attached to or near the original voting place or advance voting place, and (ii) are in locations that are publicly visible, or (

b) a notice in any other manner that (

i) is considered appropri ate by the returning officer, and (ii) has general and immediate circulation to the electors in the voting area.

(13) Section 57 is amended (

a) by repealing clause (

b) and substituting the following: (

b) that person was the regi stered candidate or the chief financial officer of the registered candidate referred to in the report, (

b) in clause (

c) by striking out “43.01,”.

22 Explanatory Notes

(12) Section 53 presently reads: 53(1) Subject to

section 4(3.1) and (3.5), if it is found to be impractical to hold the vote in a voting place fixed by the returning officer, the returning officer may fix a different voting 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 and publish the change on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

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

(13) Section 57 presently reads in part: 57 A person is prohibited from being nominated as a candidate in an election if (

b) that person was the registered candidate or the registered nomination contestant or the chief financial officer of the registered candidate or registered nomination contestant referred to in the report, (

c) the Court did not dispense with compliance with

section 43, 43.01, 43.02 or 43.1 of that Act by an order under

section 44(4) of that Act, and

(14) Section 59 is amended (

a) in subsection (1) by striking out “candidate for” and substituting “candidate in”; (

b) by repealing subsection (1.01)(d); (

c) in subsection (4) by striking out “candidate for” and substituting “candidate in”.

(15) Section 60 is amended by adding the following after subsection (1.1):

(1.2) A person may act as an official agent only in respect of one of the following: (

a) one or more of the endorsed candidates of one registered political party; (

b) an independent candidate.

(16) Section 61 is amended (

a) in subsection (1) (

i) by striking out “and” at the end of clause (d); (ii) by adding the following after clause (d.1): (d.2) if, at the time the original nomination paper is submitted for filing, the person being nominated holds office as a municipal councillor or school board trustee, the person provides the returning officer with proof of the person’s unpaid leave of absence from the role under

section 61.1, and

23 Explanatory Notes

(14) Section 59 presently reads in part: 59(1) At any time during the period referred to in subsection (1.01), 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.

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

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.

(4) At any one time, a person is not eligible to be nominated as a candidate for more than one electoral division.

(15) Section 60(1.1) presently reads:

(1.1) No candidate shall act as an official agent.

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

d) the person being nominated confirms by affidavit (

i) that the person is eligible under

section 56 for nomination, and the confirmation is filed with the nomination paper, and

(3) On the filing of a valid nomination paper, the returning officer shall give a receipt in the prescribed form, which is proof of receipt of the deposit and of the filing of the nomination paper.

24 (

b) in subsection (3) by striking out “receipt of the deposit and of”.

(17) The following is added after

section 61: Municipal councillor or school board trustee leave of absence 61.1(1) A person who is a municipal councillor or school board trustee and who wishes to be nominated as a candidate in an election or a by-election may, in accordance with subsection (2), provide written notice to the municipal council or school board, as the case may be, that the person is taking a leave of absence without pay under this section.

(2) A person must provide a notice under subsection (1) before the person’s last working day before the day the writ is issued for the election or the by-election, as the case may be, to which the notice relates.

(3) Despite any bylaw, resolution or agreement of a municipal council or school board, a person who notifies a municipal council or school board, as the case may be, in accordance with subsection (1) is entitled to a leave of absence without pay in accordance with subsections (4) to (9).

(4) A leave of absence referred to in subsection (3) begins on the day the writ is issued for the election or the by-election to which it relates and ends in accordance with subsections (6) to (8), as applicable.

(5) While a person is taking a leave of absence in accordance with subsection (3), (

a) the person is deemed not to be a municipal councillor or school board trustee, as the case may be, (

b) the person must not purport to exercise the powers or perform the duties of a municipal councillor or school board trustee, as the case may be, and (

c) the municipal council or school board, as the case may be, (

i) must not treat the office for which the person is taking a leave of absence as vacant, and

24 Explanatory Notes

(17) Municipal councillor or school board trustee leave of absence.

25 (ii) for greater certainty, may not hold a by-election for that office.

(6) If a person who takes a leave of absence in accordance with subsection (3) is not declared elected under this Act, (

a) the person is considered to hold the office to which the leave of absence relates as of the day (

i) another person is declared elected in accordance with

section 138(1)(a), 147(1)(

a) or 148(8)(a), or (ii) the returning officer d eclares that no candidate can be declared elected in the electoral division in which the person is a candidate in accordance with

section 148(8)(b), and (

b) the leave of absence ends on the day before the day referred to in clause (a)(

i) or (ii), as the case may be.

(7) Subject to subsection (8), if a person who takes a leave of absence in accordance with subsection (3) is declared elected under this Act, (

a) the person is deemed to have resigned as a municipal councillor or school board trustee, as the case may be, on the day the person takes the oath of allegiance as a member in accordance with

section 23 of the Legislative Assembly Act, and (

b) the leave of absence ends on the day before the day referred to in clause (a).

(8) Despite subsection (7), if a person who takes a leave of absence in accordance with subsection (3) is declared elected under this Act and files a disclaimer under

section 139(1), (

a) the person is considered to hold the office to which the leave of absence relates as of the day the disclaimer is filed, and (

b) the leave of absence ends on the day before the day referred to in clause (a).

25 Explanatory Notes

(9) For greater certainty, a resignation, disqualification or expulsion as a member in accordance with

Part 2 of the Legislative Assembly Act is not to be considered to revive or entitle the person who resigned, was disqualified or was expelled to hold the office to which subsection (7) applied in respect of that person.

(18) Section 65(5) is repealed and the following is substituted:

(5) If a candidate has withdrawn but the candidate’s name remains on the ballot, each election officer that issues a ballot for the applicable electoral division must, on issuing the ballot to an elector, advise the elector that the candidate has withdrawn.

(19) Section 79 is amended (

a) in subsection (1) (

i) by repealing clause (

c) and substituting the following: (

c) to observe, on behalf of the candidate, and in a manner that does not compromise the secrecy of voting, each element of the election procedures, including (

i) the issuing of ballots to electors, (ii) the verifying of an elector’s eligibility to vote under

section 43, (iii) the completing and signing of declarations, (iv) the opening of Special Ballot envelopes, and (

v) the counting of ballots, including Special Ballots, and (ii) in clause (

d) by striking out “sections 100.2 to 100.5” and substituting “sections 100.2 and 100.4”; (

b) in subsection (1.1) (

i) in clause (

b) by striking out “sections 100.2 to 100.5” and substituting “sections 100.2 and 100.4”;

26 Explanatory Notes (18)

Section 65(5) presently reads:

(5) When a candidate has withdrawn, each election officer that issues a ballot for that electoral division is responsible for ensuring that each voter is advised when receiving a ballot.

(19) Section 79 presently reads in part: 79(1) Subject to subsection (1.1), each candidate may appoint in the prescribed form scrutineers (

c) to observe the election pro cedures on the candidate’s behalf, and (

d) to be present at the place where declarations are taken under sections 100.2 to 100.5 while an elector is completing a declaration under one of those sections.

(1.1) For the purposes of subsection (1), (

b) each candidate may appoint 4 scrutineers for each place where declarations are taken under sections 100.2 to 100.5 for election day and each day of advance voting, (

c) only one scrutineer for a candidate may be present at a voting station at any one time, and (

d) only one scrutineer for a candidate may be present at a place where declarations are taken under sections 100.2 to 100.5 at any one time.

27 (ii) by striking out “and” at the end of clause (

c) and adding the following after clause (c): (c.1) a scrutineer may do anything referred to in subsection (1) in respect of more than one voting station, and (iii) in clause (

d) by striking out “sections 100.2 to 100.5” and substituting “sections 100.2 and 100.4”.

(20) Section 88(1)(

a) is repealed and the following is substituted: (

a) for advance voting, (

i) in the case of each advance voting place established under

section 98(1.1)(a)(

i) or (iii), from 9:00 a.m. to 8:00 p.m. on each of the Tuesday, Wednesday, Thursday, Friday and Saturday of the full week preceding election day, (ii) in the case of each advance voting place established under

section 98(1.1)(a)(ii), from 9:00 a.m. to 8:00 p.m. on one or more of the Tuesday, Wednesday, Thursday, Friday and Saturday of the full week preceding election day, and (iii) in the case of e ach additional voting place for advance voting established under

section 98(1.1)(b), on the days and during the hours fixed by the returning officer, opening no earlier than 9:00 a.m. and closing no later than 8:00 p.m.;

(21) Section 92(1)(f.1) is amended by striking out “sections 100.2 to 100.5” and substituting “sections 100.2 and 100.4”.

(22) Section 98 is amended (

a) by repealing subsection (1.1) and substituting the following:

27 Explanatory Notes (20)

Section 88(1)(

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

a) for advance voting, (

i) in the case of the advanc e voting place established under

section 98(1.1)(a), from 9 a.m. to 8 p.m. on each of the Tuesday, Wednesday, Thursday, Friday and Saturday of the full week preceding election day, and (ii) in the case of additional voting places for advance voting established under

section 98(1.1)(b), during the days and hours fixed by the returning officer during the period from 9 a.m. to 8 p.m.;

(21) Section 92(1)(f.1) presently reads: 92(1) Only the following persons may remain in a voting place during voting hours: (f.1) one scrutineer per candidate at each place where declarations are being taken under sections 100.2 to 100.5;

(22) Section 98 presently reads in part:

(1.1) The returning officer, in consultation with the Chief Electoral Officer,

(1.1) The returning officer, in consultation with the Chief Electoral Officer, (

a) must establish the following advance voting places for an election: (

i) at least one advance voting place for the returning officer’s electoral division on each day fixed for advance voting in accordance with

section 88(1)(a)(i); (ii) in the case of a popula tion centre with at least 1000 but fewer than 2500 residents, at least one advance voting place within the population centre on at least one of the days fixed for advance voting in accordance with

section 88(1)(a)(ii); (iii) in the case of a popula tion centre with at least 2500 residents, at least one advance voting place in the population centre on each day fixed for advance voting in accordance with

section 88(1)(a)(i), and (

b) may establish additional advance voting places.

(1.11) For the purposes of subsection (1.1), the number of residents in a population centre is to be determined from (

a) the most recent order specifying population in accordance with

section 604.1 of the Municipal Government Act, or (

b) the most recent informati on respecting the population, as the returning officer considers appropriate, including information from (

i) the most recent decenni al census of population referred to in subsection 19(3) of the Statistics Act (Canada), or (ii) the most recent provin ce-wide census that is more recent than the decennial census referred to in subclause (i).

28 Explanatory Notes (

a) shall establish at least one voting place for the returning officer’s electoral division to enable electors to vote in advance at an election, which shall be open from 9 a.m. to 8 p.m. on each of the Tuesday, Wednesday, Thursday, Friday and Saturday of the full week preceding election day, and (

b) may establish additional vo ting places for advance voting.

(1.2) A returning officer who establishes additional voting places in accordance with subsection (1.1), in consultation with the Chief Electoral Officer, shall fix the hours on any one or more days fixed for advance voting when the voting places will operate.

(2.1) Where an advance voting place has been established, the Chief Electoral Officer may decide that any elector may attend to vote at that advance voting place.

(2.2) If the Chief Electoral Officer has decided that any elector may attend to vote at an advance voting place, an elector attending to vote at that advance voting place shall be provided with the ballot for the electoral division of the elector’s ordinary residence.

(6.1) If electronic documents are used for the purposes of advance voting, each day after the close of a voting place for advance voting, 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) may include each elector’s permanent unique identifier number assigned to the elector by the Chief Electoral Officer and any other information the Chief Electoral Officer considers appropriate.

29 (

b) by repealing subsection (1.2); (

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

(2.1) An elector may vote at an advance voting place only in the electoral division where the elector is ordinarily resident unless (

a) the voting at the advance voting place is adjourned to a different voting place in accordance with

section 4(3.1), (

b) the advance voting place is located in an adjacent electoral division in accordance with

section 52(6.1), or (

c) a different advance voting place has been fixed in accordance with

section 53. (

d) by repealing subsections (2.2), (6.1), (6.2) and (6.3).

(23) Section 100 is amended (

a) in subsection (1) by striking out “, 100.3, 100.4 or 100.5” and substituting “or 100.4”; (

b) in subsection (2) (

i) by striking out “, 100.3, 100.4 and 100.5” and substituting “and 100.4”; (ii) in clauses (

a) and (

b) by striking out “current”.

(24) Section 100.1(

c) is amended by adding “residential” before “address” wherever it occurs.

29 Explanatory Notes

(23) Section 100 presently reads in part: 100(1) An elector may vote at a voting station if the requirements in

section 100.1, 100.2, 100.3, 100.4 or 100.5 have been met.

(2) For the purposes of sections 100.1, 100.2, 100.3, 100.4 and 100.5, “identification” means (

a) one piece of identification i ssued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and the elector’s name and current address, or (b) 2 pieces of identification authorized by the Chief Electoral Officer, each of which establishes the elector’s name and at least one of which establishes the elector’s current address.

(24) Section 100.1(

c) presently reads: 100.1 Where (

c) the name and address on the identification match the name and address on the voting record for the voting area, an election officer assigned to maintain the voting record shall strike the elector’s name off the voting record.

(25) Section 100.2(

c) is amended by striking out “current residential”.

(26) Section 100.3 is repealed.

30 Explanatory Notes

(25) Section 100.2(

c) presently reads in part: 100.2 Where (

c) the elector confirms the elector’s identity and current residential address by signing a declaration, an election officer assigned to maintain the voting record shall record the change of address in the voting record and enter in the voting record in the appropriate place a check mark or other annotation indicating that the elector has signed a declaration.

(26) Section 100.3 presently reads: 100.3(1) Where (

a) the name of an elector appears on the voting record for the voting area, (

b) the elector does not provide identification, (

c) the elector is accompanied by another elector whose name appears on the voting record for the same voting area and that other elector (

i) is eligible to vouch for the elector, (ii) provides their identification to an election officer assigned to administer voting, and (iii) vouches for the elector by signing a declaration, and (

d) the elector confirms the elector’s identity and current residence by signing a declaration, an election officer assigned to maintain the voting record shall strike the elector’s name off the voting record.

(2) After receiving signed declarations under subsection (1)(

c) and (d), an election officer assigned to maintain the voting record shall enter in the voting record in the appropriate place a check mark or other annotation indicating that the elector signed a declaration and was vouched for.

(27) Section 100.4 is amended (

a) in clause (

b) by striking out “current”; (

b) by striking out “current address” and substituting “residential address”.

(28) Section 100.5 is repealed.

31 Explanatory Notes

(27) Section 100.4 presently reads in part: 100.4 Where (

b) the elector provides identification to confirm the elector’s identity and current residential address, and an election officer assigned to maintain the voting record shall enter the elector’s name and current address in the voting record and enter in the voting record in the appropriate place a check mark or other annotation indicating that the elector signed a declaration.

(28) Section 100.5 presently reads: 100.5 Where (

a) the name of an elector does not appear on the voting record for the voting area in which the elector is ordinarily resident, (

b) the elector does not provide identification, (

c) the elector is accompanied by another elector whose name appears on the voting record for the same voting area and that other elector (

i) is eligible to vouch for the elector, (ii) provides their own identification to an election officer assigned to administer voting, and (iii) vouches for the elector by signing a declaration, and (

d) the elector confirms the el ector’s identity and current address by signing a declaration, an election officer assigned to maintain the voting record shall enter the elector’s name and current address in the voting record and enter in the voting record in the appropriate place a check mark or other annotation indicating that the elector signed a declaration and was vouched for.

(29) Section 100.6 is repealed and the following is substituted: Declarations 100.6 An election officer who takes a declaration in accordance with

section 100.2 or 100.4 must indicate on the declaration the type of identification provided in support of the declaration.

(30) Section 104(5) is amended by striking out “, 100.3, 100.4 or 100.5” and substituting “or 100.4”.

(31) Section 111 is amended (

a) by repealing subsection (3.1) and substituting the following:

(3.1) For the purposes of subsection (3.2) and completing the count of the votes for each ballot box in accordance with this Part, (

a) at least one election offi cer is responsible for counting the votes contained in the ballots, and (

b) at least one other election officer is responsible for entering the vote count on the tally sheets.

(3.2) The election officer referred to in subsection (3.1)(

a) must not use or permit the use of a voting machine, tabulator or other similar type of electronic equipment for the purpose of counting the votes contained in the ballots. (

b) by repealing subsection (5.1) and substituting the following:

(5.1) An election officer counting a vote contained in a Special Ballot may count the vote only if it clearly indicates the voter’s intention to vote for

32 Explanatory Notes

(29) Section 100.6 presently reads: 100.6(1) An election officer taking a declaration under

section 100.2, 100.3, 100.4 or 100.5 shall indicate on the declaration the nature of the identification accepted and that, in the case of

section 100.3 or 100.5, the elector was vouched for by another elector in the same voting area.

(2) An elector who has been vouched for at an election may not vouch for another elector at that election.

(3) A scrutineer may not vouch for an elector.

(30) Section 104(5) presently reads:

(5) An elector who has signed a declaration under

section 100.2, 100.3, 100.4 or 100.5 is not required to sign a declaration under this section.

(31) Section 111 presently reads in part:

(3.1) In completing the count of the votes for each ballot box, one of the election officers shall be responsible for the count and the other election officer shall be responsible for entering the count on the tally sheets.

(5.1) A ballot cast as a Special Ballot shall only be counted if it clearly indicates the voter’s intention to vote for one particular candidate or one particular registered political party.

33 (

a) one particular candidate, (

b) one particular registered political party, or (

c) the leader of one particular registered political party. (

c) by adding the following after subsection (11):

(12) The unofficial count of ballots for an election must be completed no later than 12 hours after the close of voting on election day.

(32) Section 112 is amended (

a) by renumbering it as

section 112(1); (

b) in subsection (1) (

i) in clause (

a) by striking out “clauses (c)” and substituting “clauses (a.1), (c)”; (ii) by adding the following after clause (a): (a.1) subject to subsection (2), complete a separate Statement of Vote for each voting area, (

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

(2) Despite subsection (1)(a.1), the election officer responsible for the count may combine the Statements of Vote for more than one voting area in the same electoral division if, in the opinion of the election officer, it is necessary to maintain the secrecy of voting.

(33) Section 113 is amended (

a) in subsection (1) by striking out “After the closing of the voting places” and substituting “No more than 3 hours before the closing of all voting places in an electoral division”; (

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

(2.1) Each election officer, candidate, official agent or scrutineer who performs or attends a count of the votes, as the

33 Explanatory Notes

(32) Section 112 presently reads in part: 112 The election officer responsible for the count shall, at the conclusion of the count, (

a) complete as many Statements of Vote as necessary to comply with clauses (c), (h)(iv) and (j), each of which shall be signed by the election officers that completed the count of votes and any person present who wishes to sign the Statements of Vote,

(33) Section 113 presently reads in part: 113(1) After the closing of the voting places on election day, the election officers who have been assigned to perform counts, or assist in counts, of ballots from an advance voting place shall attend at a place designated by the returning officer and then, in the presence of any of the candidates or their official agents or scrutineers who attend, shall open the ballot box and proceed to count the votes, and sections 111 and 112 apply, with all necessary modifications, to the count.

34 case may be, in accordance with subsection (1) must not communicate with another person unless (

a) the other person is performing or attending the count of the votes in accordance with subsection (1), (

b) voting has closed on the election day, or (

c) the election officer, candidate, official agent or scrutineer is given leave by the returning officer to communicate with the person.

(34) Section 116 is amended (

a) by repealing subsection (1) and substituting the following: Vote by Special Ballot 116(1) An elector who is unable to vote at an advance voting place or a voting place on election day may, in accordance with subsections (2), (2.01) and (2.1), apply to vote by Special Ballot. (

b) in subsection (2) by striking out “An application” and substituting “Subject to subsection (2.01), an application”; (

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

(2.01) Unless an elector requires assistance due to disability or illness, a person must not apply for a Special Ballot on behalf of the elector. (

d) in subsection (2.1) (

i) by repealing clause (a)(ii) and substituting the following: (ii) no later than 7 days before the date referred to in

section 118(3)(

a) for the receipt of Special Ballots by the returning officer, (ii) by repealing clause (

b) and substituting the following: (

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

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

34 Explanatory Notes

(34) Section 116 presently reads in part: 116(1) An elector who is unable to vote at an advance voting place or a voting place on election day on account of (

a) physical disability, (

b) absence from the electoral division, (

c) being an inmate including a person sentenced to a term of imprisonment of 10 days or less or for the non-payment of fines, (

d) being an election officer, in terpreter, peace officer appointed under the Peace Officer Act, candidate, official agent or scrutineer who may be located on election day at a voting place in a voting area within the electoral division other than that in which the elector is ordinarily resident; (

e) being a resident of a remo te area designated under

section 52.2, or (

f) any other circumstances prescribed by the Chief Electoral Officer, may apply to vote by Special Ballot.

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

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

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

section 38.1(2),

35 later than 7 days before the date referred to in

section 118(3)(

a) for the receipt of Special Ballots by the returning officer. (

e) in subsection (3)(

b) by adding “subject to subsection (3.2),” before “after”; (

f) by adding the following after subsection (3.1):

(3.2) Despite subsection (3)(b), before a general election is held under

section 38.1(2) but not before the date referred to in subsection (2.1)(a)(i), the Chief Electoral Officer may, on receipt of an application under this section, provide a Special Ballot to a person who belongs to at least one of the following classes of electors: (

a) electors serving in the Canadian Forces; (

b) electors temporarily residing outside Canada; (

c) electors living in an area designated as a remote area in accordance with

section 52.2(1).

(35) Section 116.1(1) is amended by striking out “his or her” and substituting “the elector’s”.

(36) Section 118 is amended (

a) in subsection (1.1) by adding “, the leader of the registered political party” after “the name of the candidate”; (

b) in subsection (2) by striking out “and” at the end of clause (e), adding “and” at the end of clause (

f) and adding the following after clause (f):

35 Explanatory Notes (ii) no later than (

A) if the elector applies in person or identifies a designate to receive the forms referred to in subsection (3)(

b) on the elector’s behalf, the close of voting on election day, and (

B) in any other case, 6 p.m. on the day before advance voting begins, 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 or identifies a designate to receive the forms referred to in subsection (3)(

b) on the elector’s behalf, prior to the close of voting on election day; (ii) in any other case, 6 p.m. on the day before advance voting begins.

(3) On receipt of an application under this section, the returning officer, election clerk or person designated by the Chief Electoral Officer shall (

b) after the writ of election has been issued, cause the appropriate forms to be provided to the applicant.

(35) Section 116.1(1) presently reads: 116.1(1) An elector who believes that his or her personal safety may be at risk if the elector appears in person at a voting place or if the elector’s name or address appears in a voting record may apply to vote by Secure Special Ballot.

(36) Section 118 presently reads in part:

(1.1) On receipt of the prescribed forms, the voter shall mark the ballot by writing, with a pen or pencil of any colour, in the space provided, the name of the candidate or the registered political party of the candidate of the voter’s choice.

36 (

g) deliver the outer envelope to the address specified by the Chief Electoral Officer for receipt of Special Ballots for the electoral division. (

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

(3) A returning officer must not accept a sealed outer envelope received (

a) by the returning officer after 5:00 p.m. on the Friday immediately preceding the election day, or (

b) at an address other than the address specified by the Chief Electoral Officer for receipt of Special Ballots for the electoral division.

(3.1) Unless the Chief Electoral Officer has permitted otherwise in accordance with subsection (3.3), a returning officer must not accept a sealed outer envelope delivered by any means other than mail.

(3.2) Unless an elector requires assistance due to disability or illness or the Chief Electoral Officer has permitted otherwise in accordance with subsection (3.3), a person must not (

a) collect the sealed outer envelope from the elector, or (

b) deliver the sealed outer enve lope on the elector’s behalf.

(3.3) If the Chief Electoral Officer determines that delivery by mail in an electoral district is not reasonably possible, the Chief Electoral Officer may permit sealed outer envelopes to be delivered to the returning officer for that electoral district by (

a) courier, or (

b) personal delivery. (

d) in subsection (4) (

i) by striking out “On receipt of the outer envelope” and substituting “No later than 5:00 p.m. on the Sunday immediately preceding the election day,”;

36 Explanatory Notes

(2) After marking the voter’s ballot, the voter shall (

e) place the ballot envelope, si gned certificate and a copy of the prescribed identification document or documents in the outer envelope, and (

f) seal the outer envelope.

(3) The outer envelope, when sealed, shall be forwarded so that it reaches the returning officer or the person designated by the Chief Electoral Officer not later than the close of the voting places on election day.

(4) On receipt of the outer envelope, the returning officer, election clerk or person designated by the Chief Electoral Officer shall determine (

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

(5) On determining that the voter is recorded in the Special Ballot voting record, 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, election clerk or person designated by the Chief Electoral Officer as the case may be, shall, (

a) if the returning officer, elect ion clerk or person designated by the Chief Electoral Officer is satisfied as to the voter’s eligibility to vote, (vi) enter in the Special Ballot voting record, 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 disability, absence, inmate, election officer, peace officer, interpreter, candidate, official agent, scrutineer, remote area or another reason prescribed by the Chief Electoral Officer, and

(5.1) Despite subsection (5), if an elector appears in person to cast the elector’s vote by Special Ballot, a copy of the elector’s prescribed identification document or documents does not need to be retained.

37 (ii) by striking out “and” at the end of clause (

b) and adding the following after clause (b): (b.1) whether the voter’s signature on the certificate reasonably matches the signature on the copy of the voter’s prescribed identification document or documents, if applicable, and (

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

(4.1) When an outer envelope is opened under subsection (4), candidates, official agents or scrutineers who are in attendance may observe the opening. (

f) in subsection (5) (

i) by striking out “the voter is recorded in the Special Ballot voting record, that a copy of the prescribed identification document or documents has been included and that

part 1 of the certificate is completed” and substituting “the requirements in subsection (4) have been met with respect to the voter”; (ii) by repealing clause (a )(vi) and substituting the following: (vi) enter in the appropriat e column within the Special Ballot voting record a check mark or other annotation indicating that the voter has voted, and (

g) by repealing subsection (5.1); (

h) by adding the following after subsection (6.01):

(6.02) The election officers responsible for the counting of Special Ballots may not commence the counting more than 3 hours before the close of voting on election day.

(6.03) Each election officer, candidate, official agent or scrutineer who performs or attends a count of the votes, as the case may be, in accordance with subsection (6.01) must not communicate with another person unless (

a) the other person is performing or attending the count of the votes in accordance with subsection (6.01),

37 Explanatory Notes

38 (

b) voting has closed on the election day, or (

c) the election officer, candidate, official agent or scrutineer is given leave by the returning officer to communicate with the person.

(37) Section 133.1(1), (4) and (6) are amended by striking out “registered party” wherever it occurs and substituting “registered political party”.

(38) Section 134(3) is amended by striking out “The Chief Electoral Officer” and substituting “Subject to the regulations, the Chief Electoral Officer”.

(39) Section 134.1 is amended (

a) in subsection (1) (

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

i) by striking out “or as a stand-alone referendum on a date provided in the order”; (

b) in subsection (2)(

b) by striking out “or” at the end of subclause (i), adding “or” at the end of subclause (ii) and adding the following after subclause (ii):

38 Explanatory Notes

(37) Section 133.1 presently reads in part: 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.

(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.

(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.

(38) Section 134(3) presently reads:

(3) The Chief Electoral Officer shall establish guidelines respecting the requirements referred to in subsection (2).

(39) Section 134.1 presently reads in part: 134.1(1) In this

section and

section 134.2, (c) “election period” means the period commencing with the issue of the writ for a general election and ending at the end of election day; (e) “referendum period” means (

i) in the case of a referendum under the Referendum Act ordered to be held in conjunction with a general election under this Act or as a stand-alone referendum on a date provided in the order, the period commencing when the

39 (iii) to provide safety, security or emergency management information about the program or activity of the department or Provincial corporation, (

c) in subsection (3) (

i) by adding “specific and” before “disproportionate”; (ii) in clause (

b) by striking out “or” at the end of subclause (i), adding “or” at the end of subclause (ii) and adding the following after subclause (ii): (iii) to provide safety, security or emergency management information about the program or activity of the department or Provincial corporation, (

d) in subsection (3.1) (

i) by adding “specific and” before “disproportionate”; (ii) in clause (

b) by striking out “or” at the end of subclause (i), adding “or” at the end of subclause (ii) and adding the following after subclause (ii): (iii) to provide safety, security or emergency management information about the program or activity of the department or Provincial corporation, (

e) by adding the following after subsection (5): (6) Subsections (2) to (5) do not apply except during an election period, by-election period or referendum period, as applicable.

(7) For greater certainty, subsections (4) and (5) do not apply to any of the following: (

a) an advertisement or publication that provides safety, security or emergency management information about a department or Provincial corporation program or activity; (

b) appearances and press conferences that provide safety, security or emergency management information

39 Explanatory Notes order is issued and ending at the end of the date set for voting, and

(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 (

b) is required at that time (

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

(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 (

b) is required at that time (

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

(3.1) During a referendum period, a department or a Provincial corporation shall not advertise or publish any information about its programs or activities related to the subject-matter of the referendum that has a disproportionate impact on voters in the areas of Alberta in which the referendum is being held unless the advertisement or publication (

b) is required at that time (

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

40 (

i) by a candidate who was a member of the Legislative Assembly on the day immediately before the day the writ of election was issued for that election, or (ii) by a candidate who was a member of Executive Council but not a member of the Legislative Assembly on the day immediately before the day the writ was issued for a by-election.

(40) Sections 135.1 to 135.4 are repealed.

40 Explanatory Notes

(40) Sections 135.1 to 135.4 presently read: 135.1 In this

section and sections 135.11 to 135.4, (a) “election period” means the period commencing with the issue of the writ and ending at the end of election day; (b) “election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a registered political par ty or registered candidate is associated; (c) “person” includes a group as defined in

Part 6.1 of the Election Finances and Contributions Disclosure Act. 135.11(1) No person or organization may, during an election period, conduct an election survey unless (

a) the following information is provided, in accordance with the guidelines established by the Chief Electoral Officer, prior to the start of the survey: (

i) the name and contact information of the person or organization on whose behalf the survey is being conducted and whether the person or organization has approved the content of the survey; (ii) the name and contact information of the person or organization conducting the survey if the person or organization is not the person or organization referred to in subclause (i); (

b) in the case of an election survey transmitted to a telephone, whether in the form of a live call or automated pre-recorded call, the telephone number of the person or organization conducting the survey must be capable of being displayed on

41 Explanatory Notes the call display of called parties who subscribe to call display, and must not be blocked from being displayed.

(2) The Chief Electoral Officer shall establish guidelines respecting the content of the information required under subsection (1) and the manner in which the information is to be provided.

(3) The guidelines must be published on the Chief Electoral Officer’s website. 135.2(1) The first person who transmits the results of an election survey, other than a survey described in

section 135.3, to the public during an election period and any person who transmits them to the public within 24 hours after they are first transmitted to the public shall provide the following together with the results: (

a) the name of the sponsor of the survey; (

b) the name of the person or organization that conducted the survey; (

c) the date on which or the period during which the survey was conducted; (

d) the population from which the sample of respondents was drawn; (

e) the number of people who we re contacted to participate in the survey; (

f) if applicable, the margin of error in respect of the data obtained.

(2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting: (

a) the wording of the survey que stions in respect of which data was obtained, and (

b) the means by which a report referred to in subsection (3) may be obtained.

(3) A sponsor of an election survey shall, at any time during an election period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1).

42 Explanatory Notes

(4) The written report must include the following, as applicable: (

a) the name and address of the sponsor of the survey; (

b) the name and address of the person or organization that conducted the survey; (

c) the date on which or the period during which the survey was conducted; (

d) information about the method used to collect the data from which the survey results were derived, including (

i) the sampling method, (ii) the population from which the sample was drawn, (iii) the size of the initial sample, (iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey, (

v) the dates and time of day of the interviews, (vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and (vii) any weighting factors or normalization procedures used in deriving the results of the survey; (

e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

(5) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3). 135.3 The first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public shall indicate that the survey was not based on recognized statistical methods.

(41) Section 137 is amended (

a) in subsection (2)(

c) by adding “, scrutineers” after “official agents”; (

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

(2.01) For greater certainty, nothing in subsection (2) prevents a person allowed in the room where an official count is being conducted from entering or leaving the room while the count is being conducted. (

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

(3.01) A returning officer, an election clerk or an authorized election officer referred to in subsection (2)(

a) must not use or permit the use of a voting machine, tabulator or other similar type of electronic equipment for the purpose of conducting an official count of the votes contained in the ballots.

(42) Section 143(1) is amended by striking out “candidate for” and substituting “candidate in”.

(43) Section 144 is amended

43 Explanatory Notes 135.4(1) No person shall knowingly cause to be transmitted to the public, in an electoral division on election day before the close of all of the voting places in that electoral division, the results of an election survey that have not previously been transmitted to the public.

(2) No person shall transmit to the public, in an electoral division on election day before the close of all of the voting places in that electoral division, the results of an election survey that have not previously been transmitted to the public.

(41) Section 137 presently reads in part:

(2) No person may be allowed in the room where an official count is being conducted except (

c) the candidates for the electoral division, their official agents or electors of the electoral division appointed in writing by the candidates, or all of them, and

(42) Section 143(1) presently reads in part: 143(1) If a returning officer does not, as and when required, or if no time is stated, does not within a reasonable time, (

a) complete the official count, a candidate for the relevant electoral division or any elector who voted in the relevant electoral division may apply to the Court for an order in the nature of mandamus requiring the returning officer to perform the duty not carried out.

(43) Section 144 presently reads in part:

(4) The application may only be filed

44 (

a) in subsection (4) by striking out “or” at the end of clause (

a) and adding the following after clause (a): (a.1) by the authorized representative of a registered political party that endorsed a candidate referred to in clause (a), or (

b) in subsection (6) by adding the following after clause (a): (a.1) to each registered po litical party that endorsed a candidate referred to in clause (a), (

c) in subsection (7) by adding “or registered political party” after “candidate”.

(44) Section 145(3) is amended (

a) by adding the following after clause (a): (a.1) an authorized representative of each registered political party that endorsed a candidate referred to in clause (a); (

b) in clause (

c) by adding “to the proceedings” after “parties”.

(45) Section 146 is amended (

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

(2) If an application for a recount under

section 144 is in respect of only some of the votes for the election, the judge conducting the recount may limit the recount to consideration of only the ballots that contain those votes if all of the following persons consent to doing so: (

a) each applicant who requested the recount under

section 144; (

b) the returning officer who conducted the official count to which the recount relates; (

c) each candidate who is present for the recount and who did not make an application under

section 144;

44 Explanatory Notes (

a) by a candidate or the candidate’s official agent, or

(6) At least 4 days’ notice of the time and place appointed for the recount shall be given by the applicant (

a) to the candidates, in the m anner prescribed in

section 68,

(7) A candidate served with notice under subsection (6) respecting a recount that is limited to a recount of votes that have been rejected or in respect of which there has been an objection may, not later than the 2nd day following service of the notice, make application for any further recount as if the application had been made within the original 8-day period.

(44) Section 145(3) presently reads in part:

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

c) the legal representatives of the parties;

(45) Section 146 presently reads in part:

(2) If consented to by the applicant or applicants for the recount, the returning officer and the candidates present at the recount, the judge may limit the ballots to be considered to those for which the recount was requested.

(4) The judge may hear any oral evidence the parties wish to adduce.

(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 or the person designated by the Chief Electoral Officer after the closing of the voting places on election day.

45 (

d) each authorized representative of a registered political part y who is present at the recount and who did not make an application under

section 144. (

b) in subsection (4) by adding “to the proceedings” after “parties”; (

c) in subsection (6) by striking out “or the person designated by the C hief Electoral Officer after the closing of the voting places on election day” and substituting “at the address specified by the Chief Electoral Officer after 5:00 p.m. on the Friday immediately preceding election day”. (46 )

Section 148.1 is repealed and the following is substituted: Costs 148.1(1) Unless the judge conducting a recount under

section 146 or the justice conducting an appeal under

section 148 directs otherwise, the Crown in right of Alberta must pay the reasonable and proper costs, not exceeding the prescribed maximum amount, to one of the following as it relates to the recount or appeal, as the case may be: (

a) a candidate in the electoral division that is subject to the r ecount; (

b) if applicable, the registered political party that endorsed a can didate referred to in clause (a).

(2) The costs referred to in subsection (1) are to be determined in accordance with the Alberta Rules of Court and the practice and pr ocedure of the Court of King’s Bench or the Court of Appeal, as the case may be. (47 )

Section 151(2)(

a) and (

b) are amended by striking out “3 m onths” and substituting “6 months”.

45 Explanatory Notes

(46) Section 148.1 presently reads: 148.1(1) If a recount is conducted or an appeal is heard under this Part, the court may direct (

a) that the parties bear their own costs, or (

b) that costs be paid to one or more of the parties by any or all of the following: (

i) the applicant; (ii) one or more of the candidates; (iii) the Crown in right of Alberta.

(2) Costs must be determined in accordance with the Alberta Rules of Court and the practice and procedure of the Court of King’s Bench or the Court of Appeal, as the case may be.

(47) Changes requirement for Chief Electoral Officer to retain election documents from 3 months to 6 months.

(48) Section 152 is amended (

a) by repealing subsection (1) and substituting the following: Inspection of election documents 152(1) For a period of 90 days after the day on which the name of the registered candidate who is declared to be elected in an electoral division is published in The Alberta Gazette, each of the following may inspect any of the election documents pertaining to the election, except ballots, that are retained by the Chief Electoral Officer: (

a) a registered candidate in the election; (

b) the official agent of a regi stered candidate referred to in clause (a); (

c) the authorized representative of a registered political party that has endorsed a candidate referred to in clause (a). (

b) in subsection (2) (

i) by striking out “30-day period” and substituting “90-day period”; (ii) by striking out “has a registered candidate” and substituting “has endorsed a candidate”; (iii) by striking out “registered official agent” and substituting “registered candidate’s official agent”.

(49) Section 153.09 is amended (

a) by repealing subsection (1) and substituting the following: Duties and powers of the Election Commissioner 153.09(1) The Election Commissioner may conduct an investigation into a matter that the Election Commissioner has reasonable grounds to believe is an offence under this Act in the following circumstances:

46 Explanatory Notes

(48) Section 152 presently reads in part: 152(1) A registered candidate and the registered 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 registered 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 registered candidate in an electoral division, a registered candidate’s official agent or a registered political party that has a registered candidate in the electoral division makes a written request to the Chief Electoral Officer for a copy of the voting records 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 registered candidate, registered official agent or registered political party.

(49) Section 153.09 presently reads in part: 153.09(1) The Election Commissioner may, on the Election Commissioner’s own initiative or at the request of the Chief Electoral Officer or another person or organization, conduct an investigation into any matter that might constitute an offence under this Act.

(2) For the purpose of conducting an investigation under this Act, the Election Commissioner has all the powers of a commissioner under the Public Inquiries Act as though the investigation were an inquiry under that Act.

47 (

a) if the Election Commissione r receives a complaint from a person; (

b) at the request of the Chief Electoral Officer; (

c) on the Election Commissioner’s own initiative. (

b) in subsection (2) by striking out “For the purpose” and substituting “Subject to subsections (3.1) and (3.2), for the purpose”; (

c) in subsection (3) by adding “, registered prospective candidate association” after “registered constituency association”; (

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

(3.1) If, for the purpose of conducting an investigation under this Act, the Election Commissioner summons a person as a witness to provide evidence in respect of the investigation, the Election Commissioner (

a) may require the person to appear before the Election Commissioner within 30 days of the date on which the summons is served on the person or a longer period as specified by the Election Commissioner, and (

b) must reasonably accommodate the person as it relates to compelling the person to personally appear before the Election Commissioner.

(3.2) For the purpose of conducting an investigation under this Act, (

a) unless notice of an investigation has been provided to a person in accordance with

section 153.091(1), the Election Commissioner may not compel a person (

i) to participate in the investigation, or (ii) to provide a response to a complaint that is the subject of the investigation, and

47 Explanatory Notes

(3) For the purpose of conducting an investigation under this Act, a representative of the Election Commissioner, on production of the representative’s authorization from the Election Commissioner, may at any reasonable time enter any premises referred to in the authorization in which records of a registered political party, registered constituency association or registered candidate relevant to the subject-matter of the investigation are kept and may examine and make copies of the records or remove them temporarily for the purpose of making copies.

(5) A registered political party, registered constituency association or registered candidate shall, within 30 days after receiving a written request from the Election Commissioner or within an extended period that the Election Commissioner 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 Election Commissioner in the course of the Election Commissioner’s duties under this Act.

48 (

b) the Election Commissioner must allow the following in respect of a person who is being interviewed by the Election Commissioner: (

i) the person’s legal counsel to be present when the person is being interviewed; (ii) the person to record the interview. (

e) in subsection (5) (

i) by striking out “A registered political party” and substituting “Subject to subsection (3.1), unless an extension of the period has been granted under subsection (6), a registered political party”; (ii) by adding “, registered prospective candidate association” after “registered constituency association” wherever it occurs; (

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

(6) The Election Commissioner must grant a request to extend the applicable period referred to in subsection (3.1)(

a) or (5) if the Election Commissioner determines that the request is reasonable in consideration of (

a) the basis on which it is made, and (

b) the impact of the extension to timely completion of the investigation.

(7) If, during an election period, the Election Commissioner is conducting or commences an investigation under subsection (1), the Election Commissioner (

a) may request, in writing, that a person to whom a summons has been issued under subsection (3.1)(

a) personally appear within a shorter period than the applicable period under that subsection, (

b) may request, in writing, that a registered political party, registered constituency association, registered prospective candidate association or registered candidate to whom a request has been made under subsection

(5) 48 Explanatory Notes

49 produce the information requested within a shorter period than the applicable period under that subsection, and (

c) must complete the investigation before election day unless the Election Commissioner determines that there is no reasonable chance of completing the investigation before election day in consideration of (

i) the subject-matter of the investigation, and (ii) the amount of time to conduct the investigation before election day.

(50) Section 153.091 is amended (

a) by repealing subsection (1) and substituting the following: Notice of investigation and conclusion 153.091(1) On commencing an investigation under

section 153.09(1), unless the Election Commissioner determines that providing notice could reasonably compromise the investigation, the Election Commissioner must, as soon as practicable, provide notice of the following to each person who is the subject of the investigation: (

a) the fact that the person is the subject of an investigation under

section 153.09(1); (

b) the substance of the allegations on which the investigation is based; (

c) the grounds for the Election Commissioner’s belief that the matter being investigated is an offence under this Act. (

b) in subsection (2) (

i) in the portion preceding clause (

a) by striking out “an investigation” and substituting “an investigation under

section 153.09(1)”;

49 Explanatory Notes

(50) Section 153.091 presently reads: 153.091(1) At any time before completing an investigation referred to in

section 153.09(1), the Election Commissioner shall notify any person or organization who is the subject of an investigation that the person or organization is being investigated and the nature of the matter being investigated before completing the investigation, unless the Election Commissioner believes that notification would compromise or impede the investigation.

(2) The Election Commissioner may refuse to conduct an investigation if the Election Commission is of the opinion that (

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

b) there are no grounds to warrant an investigation.

(3) The Election Commissioner 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 make submissions and present evidence to the Election Commissioner.

(4) When the Election Commissioner refuses to conduct an investigation under subsection (2), the Election Commissioner shall provide notice of that decision to every person or organization who requested the investigation, if any.

(5) When an investigation under subsection (1) is completed, the Election Commissioner

50 (ii) in clause (

a) by striking out “the matter is” and substituting “the substance of the allegations set out in the complaint are”; (iii) in clause (

b) by striking out “an investigation” and substituting “the investigation”; (

c) in subsection (3) (

i) by striking out “a person or organization unless that person or organization” and substituting “a person who is the subject of an investigation under

section 153.09(1) unless that person”; (ii) by adding “on which the investigation is based” after “the substance of the allegations”; (

d) by repealing subsections (4) and (5) and substituting the following:

(4) If the Election Commissioner refuses to conduct an investigation under subsection (2), the Election Commissioner must provide notice of that refusal to (

a) each person who would ha ve been the subject of the investigation, and (

b) each person who made a complaint on which the investigation would have been based.

(5) On the completion of an investigation under

section 153.09(1), the Election Commissioner (

a) must provide notice of the outcome of the investigation to (

i) each person who was the s ubject of the investigation, and (ii) each person who made a complaint on which the investigation was based, and

50 Explanatory Notes (

a) shall provide notice of th e Election Commissioner’s decision to (

i) every person or organization who is the subject of the investigation, and (ii) every person or organization who requested an investigation, and (

b) may provide, as the Election Commissioner considers appropriate, notice of the decision to any other person or organization involved in a matter referred to in

section 153.09(1).

51 (

b) may provide notice of the outcome of the investigation to any other person involved in a matter referred to in

section 153.09(1), as the Election Commissioner considers appropriate.

(51) Section 153.2 is amended (

a) in subsection (1) by striking out “3 years” and substituting “one year”; (

b) in subsection (2) by striking out “section 206.1(3)(a)” and substituting “section 206.1(3)(b)”.

(52) Section 153.3 is amended by adding the following after subsection (6):

(6.1) In an appeal under this section, the onus is on the Election Commissioner to establish that (

a) the person who was served the notice of administrative penalty contravened the provision of this Act to which the notice of administrative penalty applies, and (

b) the amount of the administrative penalty is appropriate based on the subject-matter of the contravention.

(53) Section 153.4(4) is amended by striking out “the publication of a notice under

section 153.7” and substituting “publication under

section 206.1(3)(c)”.

(54) Section 153.7 is repealed.

51 Explanatory Notes

(51) Section 153.2 presently reads: 153.2(1) A letter of reprimand or a notice of administrative penalty may not be served more than 3 years after the date on which the alleged contravention occurs.

(2) A disclosure under

section 206.1(3)(

a) may be made with respect to an alleged contravention that occurred before the coming into force of this section, but may not be made with respect to an alleged contravention that occurred more than 3 years before the coming into force of this section.

(52) Adds appeal criteria.

(53) Section 153.4(4) presently reads:

(4) Before entering into a compliance agreement, the Election Commissioner shall require the consent of the prospective contracting party to the publication of a notice under

section 153.7.

(54) Section 153.7 presently reads: 153.7 The Chief Electoral Officer may publish a notice on the Election Commissioner’s website that sets out the contracting party’s name, the act or omission in question and a

summary of the compliance agreement.

52 (55)

Section 154(1) is amended (

a) by adding “or the regulations” after “this Act”; (

b) by striking out “$5000” and substituting “$10 000”.

(56) Section 155 is amended (

a) in clause (

a) by striking out “$5000” and substituting “$10 000”; (

b) in clause (

b) by striking out “$2000” and substituting “$5000”.

(57) Section 159(

b) is amended by striking out “$2000” and substituting “$5000”.

(58) Section 160 is amended by striking out “$10 000” and substituting “$50 000”.

52 Explanatory Notes (55)

Section 154(1) presently reads: 154(1) A person who contravenes this Act other than (

a) a contravention referred to in sections 155 to 163, or (

b) a corrupt practice referred to in

Part 6, is guilty of an offence and liable to a fine of not more than $5000 or to imprisonment for a term of not more than one year or to both fine and imprisonment.

(56) Section 155 presently reads: 155 A person who, having been appointed an election officer and having taken the election officer’s oath of office, neglects or refuses to perform any duty to be performed by that election officer is guilty of an offence and liable to a fine of not more than (a) $5000 or to imprisonment for a term of not more than one year or to both fine and imprisonment, in the case of a returning officer, and (b) $2000 or to imprisonment for a term of not more than one year or to both fine and imprisonment, in the case of any other election officer.

(57) Section 159(

b) presently reads: 159 A person who, without authorization, takes down, covers up, mutilates, defaces or alters any proclamation, notice or other document required to be posted under this Act is guilty of an offence and liable (

b) in any other case, to a fine of not more than $2000 or to imprisonment for a term of not more than one year or to both fine and imprisonment.

(58) Section 160 presently reads: 160 A person who, before or during an election and for the purpose of affecting the voting for a candidate at that election, makes or publishes any false statement in relation to the character or conduct of that candidate or of the withdrawal of that candidate, is guilty of an offence and liable to a fine of not more than $10 000 or to imprisonment for a term of not more than one year or to both fine and imprisonment.

(59) Section 163.1(2) is amended by striking out “3 years” and substituting “one year”.

(60) Section 167(

b) is amended by striking out “100.3, 100.4, 100.5” and substituting “100.4”.

(61) Section 206.1 is amended (

a) in subsection (2)(

d) by striking out “, a nomination contestant”; (

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

(3) The Election Commissioner must make the information set out in subsection (3.1) publicly available on the Chief Electoral Officer’s website in the following circumstances: (

a) the Election Commissioner receives a written request for disclosure from a person who received a notice provided under

section 153.091(4) or (5); (

b) an administrative penalty is imposed or a letter of reprimand is issued under

section 153.1; (

c) a compliance agreement is entered into under

section 153.4; (

d) the Election Commissioner consents to a prosecution under

section 153.6.

(3.1) For the purposes of subsection (3), the following information must be made publicly available: (

a) in the case of a written request received in respect of a notice provided under

section 153.091(4) or (5), (

i) the person who is the subject of the notice, (ii) each provision of this Ac t that is the subject of the notice,

53 Explanatory Notes

(59) Section 163.1(2) presently reads:

(2) A prosecution under this Act may be commenced within 3 years of the commission of the alleged offence but not afterwards.

(60) Section 167(

b) presently reads: 167 A person commits a corrupt practice who (

b) signs a false declaration und er

section 100.2, 100.3, 100.4, 100.5 or 104 or takes a false oath,

(61) Section 206.1 presently reads in part:

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

d) disclosed to a registered political party if a constituency association, a registered candidate, a nomination contestant or a leadership contestant of that registered political party is the subject of an investigation under this Act,

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

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

section 153.1; (

b) if the Election Commissione r has provided notice under

section 153.091(4) and receives a written request for disclosure from a person or organization who received the notice; (

c) if the Election Commissioner cons ents to a prosecution under this Act.

54 (iii) if the Election Commissioner refused to conduct an investigation under

section 153.091(2), the reason for the refusal, and (iv) if the Election Commissioner conducted an investigation under

section 153.09(1), the outcome of the investigation; (

b) in the case of an administrative penalty imposed or a letter of reprimand issued under

section 153.1, (

i) the name of the person required to pay the administrative penalty or to whom the letter of reprimand was issued, as the case may be, (ii) the provision of this Act that the person contravened, and (iii) if applicable, the amount of the administrative penalty; (

c) in the case of a complian ce agreement entered into under

section 153.4, (

i) the name of each person that entered into the agreement, and (ii) the terms of the agreement that describe the compliance obligations of each person referred to in subclause (i); (

d) in the case of the Election Commissioner’s consent to a prosecution under

section 153.6, (

i) the name of each person who is alleged to have contravened a provision of this Act, and (ii) each provision of this Act the person referred to in subclause (

i) is alleged to have contravened.

(62) The following is added after

section 206.4: Prohibition on municipal bylaws 206.5 Despite sections 7 and 640(1.1) of the Municipal Government Act, a municipal council must not pass a bylaw or resolution respecting election signs or election advertisements.

54 Explanatory Notes

(62) Prohibition on municipal bylaws.

55 (63)

Section 207(1) is amended (

a) by adding the following before clause (c): (b.1) respecting the procedures and documents required to demonstrate an elector’s Canadian citizenship; (

b) by adding the following after clause (d): (d.01) respecting the contents and uses of lists of electors; (d.02) prescribing the maximum amount of reasonable and proper cos

Document details

Collection	Alberta — Bills
Citation	L31 S1 12082
Type	bill
Volume / chapter	L31 S1 12082
Language	en
Format	json
Source	PROVINCIAL
Identifier	6672dc3ecae1704fe6ca918d096043e1616bd673

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