Alberta Regulation 167/2024

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: October 2, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 276/2024)

on October 2, 2024 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 63/2017) is amended by

this Regulation.

2 The

Schedule is amended in

Part 11 in

section 1 by

striking out "or (3)" wherever it occurs.

--------------------------------

Alberta Regulation 168/2024

Common Business Number Act

COMMON BUSINESS NUMBER AMENDMENT REGULATION

Filed: October 2, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 278/2024)

on October 2, 2024 pursuant to

section 11 of the Common Business Number Act.

1 The Common Business Number Regulation (AR 33/2018)

is amended by this Regulation.

2 The

Schedule is amended in

section 1 by adding the

following after clause (k):

(k.1) the Freedom of Information and Protection of Privacy Act;

Alberta Regulation 169/2024

Alberta Utilities Commission Act

MARKET SURVEILLANCE AMENDMENT REGULATION

Filed: October 16, 2024

For information only: Made by the Minister of Affordability and Utilities (M.O.

115/2024) on September 27, 2024 pursuant to

section 59(1)(

a) of the Alberta Utilities

Commission Act.

1 The Market Surveillance Regulation (AR 266/2007) is

amended by this Regulation.

2 The following is added after

section 5:

MSA access to records related to the

Rate of Last Resort Regulation

5.1(1) In this section, "energy price setting plan", "MSA

determination report", "financial performance report" and "rate

reopener proceeding" have the meanings given to them in the Rate of

Last Resort Regulation (AR 262/2005).

(2) For the purposes of carrying out its duties under

section 39 of

the Act, the MSA may access and collect any records necessary to

perform its duties under the Rate of Last Resort Regulation

(AR 262/2005), including records required to

(

a) develop, implement and adjust energy price setting plans,

(

b) prepare MSA determination reports,

(

c) prepare financial performance reports, and

(

d) support or initiate rate reopener proceedings.

(3) For greater certainty, the MSA's duties under subsection (2) fall

within the scope of the MSA's existing mandate under

section 39 of

the Act.

3 This Regulation comes into force on the coming into

force of

section 1 of the Utilities Affordability Statutes

Amendment Act, 2024.

Alberta Regulation 170/2024

Local Authorities Election Act

LOCAL POLITICAL PARTIES AND

SLATES REGULATION

Filed: October 18, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 286/2024)

on October 17, 2024 pursuant to

section 160.1 of the Local Authorities Election Act.

Table of Contents

Interpretation

2 Authorization

3 Appointment of Registrar

4 Qualification for registration of local political parties

5 Application for registration of local political parties

6 Qualification for registration of slates

7 Application for registration of slates

8 Evaluation of application and registration of

local political parties and slates

9 Further information required

10 Register of local political parties and slates

11 Cancellation of registration

12 Ballots

13 Limitations on contributions

14 Responsibility of contributors

15 Anonymous and unauthorized contributions

16 Contributions not belonging to contributor

17 Duties of registered local political parties

18 Duties of registered slates

19 Fund-raising functions

20 Receipts

21 Collusion

22 Disclosure statements

23 Campaign deficit

24 Sections 22 and 23 continue to apply

25 Late filing

26 Effect of non-compliance in relation

to disclosure statements

27 Offences relating to contributions

28 Offences relating to failure to file and

campaign surplus and deficit

29 Transitional

30 Expiry

31 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Local Authorities Election Act;

(b) "authorized local jurisdiction" means a local jurisdiction

authorized in

section 2 to have local political parties or slates

involved in its elections;

(c) "registered local political party" means a local political party

registered under this Regulation;

(d) "registered slate" means a slate registered under this

Regulation;

(e) "Registrar" means the Registrar appointed under

section 3;

(f) "slate" means a group of 2 or more candidates whose

fundamental purpose is to support the election of the slate's

candidate members.

(2) The

definitions in

section 147.1(1) of the Act apply for the

purposes of this Regulation.

Authorization

2(1) Pursuant to

section 160.1(1)(

e) of the Act, local political parties

and slates are authorized to be involved in elections for councillors,

including chief elected officials, in the following local jurisdictions in

accordance with this Regulation:

(

a) the City of Calgary;

(

b) the City of Edmonton.

(2) Local political parties and slates shall not be involved in elections

for school board trustees in any local jurisdiction.

Appointment of Registrar

3 The Minister may appoint a Registrar for the purposes of this

Regulation.

Qualification for registration of local political parties

4(1) A local political party is qualified for registration in the register

of local political parties and slates in an authorized local jurisdiction if

the local political party provides the Registrar or returning officer of

the authorized local jurisdiction, as applicable, with

(

a) the names, addresses and signatures of 1000 individuals, each

of whom

(

i) is eligible to vote in an election in the local jurisdiction,

and

(ii) is a member of the local political party and requests the

registration of the local political party,

and

(

b) a list of the candidates

(

i) who have given notice under

section 147.22 of the Act,

(ii) whose nomination for endorsement has been accepted

by the local political party, and

(iii) who, if elected, would make up more than 1/3 of the

council, including the chief elected official, of the local

jurisdiction.

(2) For the purposes of

section 158.3(2)(

e) of the Act, a local political

party shall not be

(

a) an individual,

(

b) a corporation,

(

c) a prohibited organization, or

(

d) a registered third party.

Application for registration of local political parties

5(1) No local political party and no person acting on behalf of the

local political party shall accept a contribution or incur a campaign

expense unless the local political party is registered in accordance with

this Regulation.

(2) A local political party may submit an application for registration to

(

a) the Registrar, or

(

b) if no Registrar is appointed by the Minister, the returning

officer of the authorized local jurisdiction.

(3) An application for registration of a local political party must

include

(

a) the full name of the local political party,

(

b) any abbreviation of the name of the local political party to be

shown in election documents,

(

c) the local jurisdiction in which the local political party is

registering,

(

d) the name of the leader of the local political party, or if there

is no leader, the names of the principal officers of the local

political party,

(

e) the name of the chief financial officer of the local political

party,

(

f) the address of the place or places where records of the local

political party are maintained and of the place to which

communications may be addressed,

(

g) the name and address of the financial institution to be used

by the local political party as the account into which

contributions made to the local political party are deposited,

(

h) the names of the signing authorities for the account referred

to in clause (g),

(

i) a statement of the assets and liabilities of the local political

party, as of a date not earlier than 90 days before the date of

its application for registration, attested to by its chief

financial officer,

(

j) a copy of the list of individuals referred to in

section 4(1)(a),

(

k) a copy of the list of the candidates referred to in

section

4(1)(b), and

(

l) a statement by the leader or a principal officer of the local

political party that one of the local political party's purposes

is to participate in public affairs by endorsing one or more of

its members as candidates and supporting their election.

Qualification for registration of slates

6 A slate is qualified for registration in the register of local political

parties and slates in an authorized local jurisdiction if the slate

provides the Registrar or returning officer of the authorized local

jurisdiction, as applicable, with the names, addresses and signatures of

the candidate members of the slate, each of whom

(

a) has given notice under

section 147.22 of the Act in the local

jurisdiction, and

(

b) declares support for the slate and requests the registration of

the slate.

Application for registration of slates

7(1) No slate and no person acting on behalf of a slate shall incur a

shared campaign expense unless the slate is registered in accordance

with this Regulation.

(2) A slate in an authorized local jurisdiction may submit an

application for registration to

(

a) the Registrar, or

(

b) if no Registrar is appointed by the Minister, the returning

officer of the authorized local jurisdiction.

(3) An application for registration of a slate must include

(

a) the full name of the slate,

(

b) any abbreviation of the name of the slate to be shown in

election documents,

(

c) the local jurisdiction in which the slate is registering,

(

d) a copy of the list of candidate members referred to in

section

(

e) the address of the place or places where records of the slate

are maintained and of the place to which communications

may be addressed, and

(

f) a statement by the candidate members of the slate that the

slate's purpose is to support the election of the slate's

candidates.

Evaluation of application and registration of

local political parties and slates

8(1) The Registrar or a returning officer that receives an application

for registration under

section 5 or 7 must evaluate the application and

determine if the local political party or slate is qualified to be

registered and,

(

a) if the local political party or slate is qualified to be registered,

enter it into the register of local political parties and slates

and so inform the local political party or slate, or

(

b) if the local political party or slate is not qualified to be

registered, so inform the local political party or slate with

written reasons for the determination.

(2) The Registrar or returning officer shall not register a local political

party or slate if the application for registration is submitted to the

Registrar or returning officer fewer than 60 days before nomination

day.

(3) The Registrar or returning officer shall not register a local political

party or slate if, in the Registrar's or returning officer's opinion, as

applicable,

(

a) the proposed name or the abbreviation of the name of the

applying local political party or slate so nearly resembles the

name or abbreviation of the name of, or suggests affiliation

with,

(

i) another local political party or slate registered under this

Regulation,

(ii) a registered party as defined in the Election Finances

and Contributions Disclosure Act, or

(iii) a registered party as defined in the Canada Elections

Act (Canada)

so as to likely be confused with the name or abbreviation of

that other local political party, slate or registered party,

(

b) the proposed name of the applying local political party or

slate includes a candidate's personal information, including a

candidate's occupation, title, honour, degrees or any

indication that a candidate has previously held elected office,

(

c) the proposed name or abbreviation is unacceptable to the

Registrar or returning officer for any other reason.

(4) If a registered local political party or slate changes its name, the

Registrar or returning officer shall not vary the register if, in the

Registrar's or returning officer's opinion, as applicable,

(

a) the proposed name or the abbreviation of the name so nearly

resembles the name or abbreviation of the name of another

registered local political party or slate so as to likely be

confused with that registered local political party or slate,

(

b) the proposed name or the abbreviation of the name so nearly

resembles the name or abbreviation of the name of, or

suggests affiliation with, a registered party described in

subsection (3)(a)(ii) or (iii) so as to likely be confused with

the name or abbreviation of that registered party, or

(

c) the proposed name or abbreviation is unacceptable to the

Registrar or returning officer for any other reason.

Further information required

9(1) If there are wards in the authorized local jurisdiction, a registered

local political party must provide to the Registrar or returning officer

of the authorized local jurisdiction, as applicable,

(

a) by November 1 of the year before the year of a general

election, a list of the candidates for which a nomination for

endorsement for the general election has been accepted by

the registered local political party, if any, and

(

b) by no later than nomination day, a list of the candidates

selected for endorsement by the registered local political

party as of nomination day.

(2) When there is any change in the information required under

section 5(3) or 7(3), the registered local political party or registered

slate must notify the Registrar or returning officer of the authorized

local jurisdiction, as applicable, in writing within 30 days after the

alteration, and the Registrar or returning officer must vary the register

of local political parties and slates accordingly.

(3) Notice under this

section may be sent by email or other electronic

means approved by the Registrar or authorized local jurisdiction.

Register of local political parties and slates

10(1) The Registrar or, if applicable, an authorized local jurisdiction,

must

(

a) maintain a register of local political parties and slates that

have been registered under this Regulation in the local

jurisdiction,

(

b) include in the register the names of any candidates endorsed

by the registered local political party or candidate members

of the registered slate, and

(

c) make the register of local political parties and slates publicly

available on the Registrar's or local jurisdiction's website.

(2) The Registrar or authorized local jurisdiction shall revise the

register if a registered local political party, registered slate or candidate

advises the Registrar or authorized local jurisdiction that

(

a) a candidate's endorsement by the local political party or slate

has been withdrawn or cancelled, or

(

b) a candidate member of a slate is no longer a member of the

slate.

Cancellation of registration

11 The Registrar or the returning officer of an authorized local

jurisdiction, as applicable, may cancel the registration of

(

a) a registered local political party on application by the

registered local political party, and

(

b) a registered slate on application by the registered slate.

Ballots

12(1) Each ballot must set out, in addition to the requirements under

section 43 of the Act,

(

a) the name of the registered local political party for which the

candidate is the endorsed candidate,

(

b) the name of the registered slate of which the candidate is a

member, or

(

c) a blank space if the candidate is not an endorsed candidate of

a registered local political party or a member of a registered

slate.

(2) Notwithstanding subsection (1)(

a) and (b), where a local political

party or slate requests in its application for registration that an

abbreviated form of the name of the local political party or slate be

used, the returning officer may use that abbreviated form of the name

on a ballot.

(3) Notwithstanding subsection (1), where the name of a registered

local political party or registered slate does not fit on the ballot, the

returning officer may vary the prescribed ballot form to enable the

names to fit, in a manner that ensures all the names of local political

parties or slates are of the same size.

Limitations on contributions

13(1) No prohibited organization, individual ordinarily resident

outside Alberta or trade union or employee organization other than an

Alberta trade union or an Alberta employee organization shall make a

contribution to a registered local political party.

(2) No contribution shall be made to a registered slate.

(3) Contributions by an individual ordinarily resident in Alberta, by a

corporation other than a prohibited organization, by an Alberta trade

union or by an Alberta employee organization shall not exceed,

(

a) in the case of a general election, during the campaign period,

$5000 per year in the aggregate to all registered local

political parties in an authorized local jurisdiction, and

(

b) in the case of a by-election, during the campaign period,

$5000 in the aggregate to all registered local political parties

in an authorized local jurisdiction.

(4) Contributions to a local political party registered in an authorized

local jurisdiction may only be made during a campaign period for an

election in the local jurisdiction.

(5) No registered local political party and no person acting on its

behalf shall, directly or indirectly, solicit or accept a contribution if the

registered local political party or person knows or ought to know that

the prospective contributor is a prohibited organization, an individual

ordinarily resident outside Alberta or a trade union or an employee

organization that is not an Alberta trade union or an Alberta employee

organization.

(6) No registered local political party and no person acting on its behalf

shall solicit or accept a contribution if the registered local political party

or person knows or ought to know that the amount of the contribution

will exceed the amount referred to in subsection (3).

Responsibility of contributors

14(1) A prospective contributor is responsible for ensuring, before

making a contribution under this Regulation, that the contributor is not

prohibited from making a contribution and is not making a contribution

that is in excess of the limit prescribed by

section 13(3).

(2) Every registered local political party and every person acting on its

behalf must make every reasonable effort to advise prospective

contributors of the provisions of this Regulation relating to

contributions.

Anonymous and unauthorized contributions

15 Any anonymous contributions and any contribution or portion of a

contribution made in contravention of this Regulation accepted by a

registered local political party or a person acting on its behalf must not

be used or expended, and the registered local political party or the

person acting on its behalf must

(

a) return the contribution to the contributor if the contributor's

identity can be established, or

(

b) if the contributor's identity cannot be established, pay an

amount equivalent to the contribution to a registered charity

or to the local jurisdiction in which the local political party is

registered.

Contributions not belonging to contributor

16(1) No individual, corporation, trade union or employee

organization shall contribute to a registered local political party

(

a) funds not belonging to that individual, corporation, trade

union or employee organization, or

(

b) funds given or furnished to the individual, corporation, trade

union or employee organization by another individual,

corporation, trade union or employee organization or a

prohibited organization for the purpose of making a

contribution of those funds to a registered local political

party.

(2) No individual, corporation, trade union, employee organization or

prohibited organization shall give or furnish funds to another

individual, corporation, trade union or employee organization for the

purpose of having that other individual, corporation, trade union or

employee organization make a contribution of those funds to a

registered local political party.

(3) No registered local political party and no person acting on its

behalf shall solicit or accept a contribution if the registered local

political party or person knows or ought to know that the contribution

is contrary to subsection (1).

Duties of registered local political parties

17(1) A registered local political party must

(

a) collect contributions separately from its endorsed candidates,

(

b) incur campaign expenses separately from its endorsed

candidates, and

(

c) maintain separate organization financing.

(2) A registered local political party must ensure that

(

a) a campaign account in the name of the registered local

political party is opened at a financial institution for the

purposes of an election in an authorized local jurisdiction as

soon as possible after the total amount of contributions

received by the registered local political party first exceeds

$1000 in the aggregate in respect of an election in the local

jurisdiction,

(

b) if an account has been opened in accordance with clause (a),

all contributions of money are deposited into the account,

(

c) money in the account is only used for the payment of

campaign expenses,

(

d) contributions of real property, personal property and services

are valued,

(

e) receipts are issued for every contribution and obtained for

every expense,

(

f) records are kept of contributions and campaign expenses and

are retained for a period of 3 years following the day of the

election to which they relate, and

(

g) proper direction is given to the registered local political

party's chief financial officer and any other person who is

authorized to incur campaign expenses and accept or solicit

contributions on its behalf.

(3) A registered local political party shall not knowingly make a false

or misleading statement in any disclosure statement or financial

statement or other information required to be filed under this

Regulation.

Duties of registered slates

18(1) A registered slate must ensure that

(

a) records of shared campaign expenses that are incurred and

allocated to candidate members are kept and retained for a

period of 3 years following the day of the election to which

they relate,

(

b) no contributions are accepted by the registered slate, and

(

c) no account is maintained at a financial institution by a slate.

(2) The candidate members of a registered slate must ensure that the

registered slate complies with its obligations under this Regulation.

Fund-raising functions

19(1) In this section, "fund-raising function" includes any social

function held for the purpose of raising funds for a registered local

political party in respect of an election.

(2) The gross income from any fund-raising function must be recorded

by the registered local political party on whose behalf the function was

held.

(3) If a fund-raising function is held by the sale of tickets by or on

behalf of a registered local political party, the amount of the

contribution is to be determined under the following clause (

a) or (b),

at the option of the registered local political party:

(

a) if the individual charge

(

i) is $50 or less, it is not considered to be a contribution

unless the individual who pays the charge specifically

requests that it be so considered, in which case 1/2 of

the amount is allowed for expenses and 1/2 is

considered to be a contribution,

(ii) is more than $50 but not more than $100, $25 is allowed

for expenses and the balance is considered to be a

contribution, and

(iii) is more than $100, 25% of the amount is allowed for

expenses and the balance is considered to be a

contribution;

(

b) the amount of the contribution is the difference between the

price of the ticket and the fair market value of what the ticket

entitles the bearer to obtain.

(4) The price paid at a fund-raising function in excess of the fair

market value at that time for goods or services received is considered

to be a contribution to the registered local political party.

Receipts

20 Every registered local political party must issue a receipt for every

contribution accepted in a form acceptable to the authorized local

jurisdiction.

Collusion

21 A registered local political party shall not circumvent, or attempt

to circumvent, a contribution limit under this Regulation or under

Part

5.1 or

Part 8 of the Act or an expense limit set out in a regulation made

under

section 147.91, 160.1, 160.2 or 188 of the Act by colluding with

another local political party or a registered party referred to in

section

8(3)(a)(ii) or (iii) or a third party.

Disclosure statements

22(1) On or before March 1 of each year, a registered local political

party that received contributions or incurred expenses in the previous

year must file with the secretary of the authorized local jurisdiction in

which the local political party is registered a disclosure statement in

the form established by the authorized local jurisdiction, which must

include, in respect of the previous year,

(

a) the total amount of all contributions received during the year

that did not exceed $50 in the aggregate from any single

contributor,

(

b) the total amount contributed, together with the contributor's

name and address, for each contributor whose contributions

during the year exceeded $50 in the aggregate,

(

c) the total amount from fund-raising functions received in the

year,

(

d) the total amount of other revenue received in the year,

(

e) the total amount of campaign expenses incurred in the year,

(

f) an itemized campaign expense report setting out the

campaign expenses incurred by the registered local political

party in the year,

(

g) an itemized list of the contributions received or expenses

incurred in the year that relate to a by-election, if any, held in

the year,

(

h) where the previous year is the year in which the election was

held, the total amount of any campaign surplus for the

campaign period, including any surplus from previous

campaigns, and

(

i) where the previous year is the year in which the election was

held, the amount of any deficit for the campaign period.

(2) On or before March 1 of each year, a registered slate that incurred

shared campaign expenses on behalf of its candidate members in the

previous year must file a disclosure statement in the form established

by the authorized local jurisdiction, which must include, in respect of

the previous year,

(

a) the total amount of shared campaign expenses incurred in the

year,

(

b) an itemized campaign expense report setting out the shared

campaign expenses incurred by the registered slate,

(

c) the amount of shared campaign expenses allocated to each of

the candidate members, and

(

d) an itemized list of the shared campaign expenses incurred in

the year that relate to a by-election, if any, held in the year,

and the amount of those expenses allocated to each of the

candidate members.

(3) A registered local political party that has incurred campaign

expenses or received contributions of $50 000 or more, or a registered

slate that has incurred shared campaign expenses of $50 000 or more,

must file a review engagement with the disclosure statement referred

to in subsection (1) or (2).

(4) If a registered local political party becomes aware that any of the

information reported in the disclosure statement required under

subsection (1) or the review engagement required under subsection

(3) has changed or has not been completely or accurately disclosed, the

registered local political party must, within 30 days, submit a

supplementary statement to the authorized local jurisdiction.

(5) If a registered slate becomes aware that any of the information

reported in the disclosure statement required under subsection (2) or

the review engagement required under subsection (3) has changed or

has not been completely or accurately disclosed, the registered slate

must, within 30 days, submit a supplementary statement to the

authorized local jurisdiction.

(6) The authorized local jurisdiction must ensure that all documents

filed under this

section are publicly available on the local jurisdiction's

website.

(7) A document made available to the public under subsection

(6) must be made available in a partial or redacted form as necessary to

ensure that the following are not disclosed:

(

a) the mailing address of

(

i) a candidate endorsed by a registered local political

party,

(ii) a candidate member of a registered slate, or

(iii) the chief financial officer of a registered local political

party;

(

b) any address provided for a contributor, except any portion of

an address that names a local jurisdiction or a province.

Campaign deficit

23(1) If a registered local political party's disclosure statement in

respect of the year in which a general election was held shows a

deficit, the registered local political party must eliminate the deficit

within 60 days after filing the disclosure statement with the authorized

local jurisdiction.

(2) For the purpose of eliminating a deficit referred to in subsection

(1), a registered local political party may accept contributions in

accordance with this Regulation during the period referred to in

subsection (1).

(3) A registered local political party referred to in subsection (1) must,

within 30 days after the expiration of the 60-day period referred to in

subsection (1), file an amended disclosure statement showing that the

deficit has been eliminated.

Sections 22 and 23 continue to apply

24(1) Sections 22 and 23 continue to apply to a local political party

whose registration is cancelled.

(2) Section 22 continues to apply to a slate whose registration is

cancelled.

(3) If a local political party referred to in subsection (1) did not

receive contributions in the year of a general election, but received

contributions in any previous year during the campaign period for the

general election, a reference in

section 22(1)(

h) and (

i) to the year in

which an election was held shall be read as the year in which the local

political party last received contributions.

Late filing

25(1) In this section, "filing deadline" means the day by which a

disclosure statement referred to in

section 22 is required to be filed

with an authorized local jurisdiction.

(2) A registered local political party that is required to file a disclosure

statement under

section 22 and fails to file that document by the filing

deadline must pay a late filing fee of $500 to the relevant authorized

local jurisdiction.

(3) The candidate members of a registered slate that fails to file a

disclosure statement under

section 22 by the filing deadline must each

pay an equal portion of the late filing fee of $500 to the relevant

authorized local jurisdiction.

(4) An authorized local jurisdiction shall not transmit a report in

relation to a registered local political party or registered slate under

section 26 if the disclosure statement is filed no later than 10 days after

the filing deadline.

(5) If the late filing fee is not paid within 30 days after the date the fee

was payable, the authorized local jurisdiction must send a notice to the

registered local political party or the relevant candidate members of a

registered slate indicating the amount of the late filing fee that is

required to be paid.

(6) If a registered local political party or candidate member that is sent

a notice by the authorized local jurisdiction under subsection (5) fails

to pay the late filing fee set out in the notice, the authorized local

jurisdiction may file a copy of the notice with the clerk of the Court,

and, on being filed, the notice has the same force and effect and may

be enforced as if it were a judgment of the Court.

Effect of non-compliance in relation

to disclosure statements

26(1) Subject to

section 25, if a registered local political party or

registered slate fails to file a disclosure statement as required by

section 22, the secretary of the authorized local jurisdiction must

transmit a report to that effect to council, which must on its receipt

make the report public.

(2) A registered local political party under subsection (1) may apply to

the Court for relief within the 60-day period following the date on

which the report under subsection (1) is made public.

(3) Where subsection (1) applies to a registered slate, any of the

candidate members of the slate may apply to the Court for relief within

the 60-day period following the date on which the report under

subsection (1) is made public.

(4) On hearing the application, the Court may

(

a) dispense with compliance with

section 22, or any provision

of it, if it considers that the non-compliance is due to

circumstances beyond the control of the applicant and that

compliance with that

section is not reasonably possible,

(

b) extend the time for compliance with

section 22, or any

provision of it, if it finds mitigating reasons for

non-compliance with the section,

(

c) make any order that it considers appropriate to secure

compliance with as much of

section 22 as it considers

reasonable in the circumstances, or

(

d) refuse the application.

(5) An application under this

section must name the authorized local

jurisdiction as the respondent.

(6) The decision of the Court is final and not subject to appeal.

Offences relating to contributions

27(1) The offences and penalties set out in

section 147.82 of the Act

apply as modified by this section.

(2) A corporation, trade union, employee organization or prohibited

organization or a person acting on its behalf that contravenes

section

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

(3) An individual who contravenes

section 13 or 16 is guilty of an

offence and liable to a fine of not more than $5000.

(4) A local political party that contravenes

section 5(1) is guilty of an

offence and liable to a fine of not more than $1000.

(5) A registered local political party or a person acting on its behalf

that fails to return or pay an amount referred to in

section 15 is guilty

of an offence and liable to a fine of not more than $5000.

(6) A corporation, trade union, employee organization or prohibited

organization or a person acting on its behalf that contravenes

section

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

Offences relating to failure to file and

campaign surplus and deficit

28(1) The offences and penalties set out in

section 147.84 of the Act

apply as modified by this section.

(2) A registered local political party that fails to comply with

section

22(1) or (3) by April 1 of a year in which a disclosure statement is

required to be filed is guilty of an offence and liable to a fine of not

more than $5000.

(3) A registered local political party that fails to comply with

section

22(4) or 23(1) or (3) within 30 days after the expiration of the period

referred to in the

section is guilty of an offence and liable to a fine of

not more than $5000.

(4) The candidate members of a registered slate that fails to comply

with

section 22(2) or (3) by April 1 of a year in which a disclosure

statement is required to be filed are each guilty of an offence and liable

to a fine of not more than $1250.

(5) The candidate members of a registered slate that fails to comply

with

section 22(5) within 30 days after the expiration of the period

referred to in that

section are each guilty of an offence and liable to a

fine of not more than $1250.

Transitional

29(1) If a local political party or a slate is registered under this

Regulation before January 1, 2025,

(

a) in respect of a registered local political party, a disclosure

statement required to be filed under

section 22(1) in respect

of contributions received and expenses incurred in 2024 are

to be reported in the disclosure statement referred to in

section 22(1) that is required to be filed on or before March

1, 2026, or

(

b) in respect of a registered slate, a disclosure statement

required to be filed under

section 22(2) in respect of any

shared expenses incurred in 2024 are to be reported in the

disclosure statement referred to in

section 22(2) that is

required to be filed on or before March 1, 2026.

(2) If a local political party submits an application for registration

under

section 5(2) on or before the day that is 60 days before

nomination day in respect of a general election to be held in 2025,

(

a) contributions received and campaign expenses incurred by

the local political party before the coming into force of this

Regulation are deemed to be received or incurred on the day

the Registrar or returning officer of the authorized local

jurisdiction, as applicable, enters the local political party into

the register of local political parties and slates, and this

Regulation applies to those contributions and campaign

expenses,

(

b) the list of candidates referred to in

section 4(1)(

b) that is

included with the local political party's application for

registration satisfies the requirement in

section 9(1)(a), and

(c)

section 27(4) does not apply to the local political party in

respect of a contribution accepted or a campaign expense

incurred before the coming into force of this Regulation.

Expiry

30 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on April 30, 2028.

Coming into force

31 This Regulation comes into force on the coming into force of

section 1(75) of the Municipal Affairs Statutes Amendment Act, 2024.

--------------------------------

Alberta Regulation 171/2024

Local Authorities Election Act

EXPENSE LIMITS REGULATION

Filed: October 18, 2024

For information only: Made by the Minister of Municipal Affairs (M.O. 73/2024) on

October 16, 2024 pursuant to sections 147.91, 160.2 and 188 of the Local Authorities

Election Act.

Table of Contents

1 Expense limits - candidates for councillor

2 Expense limits - local political parties

3 Expenses incurred by slates

4 Expense limits - third parties

5 Persons residing in an area

6 Transitional

7 Expiry

8 Coming into force

Expense limits - candidates for councillor

1(1) For the purposes of

section 147.34 of the Act, no candidate for

election as a councillor and no chief financial officer of a candidate for

election as a councillor shall incur campaign expenses that exceed the

following limits:

(

a) during the year before the year of a general election, the

greater of

(i) $10 000, and

(ii) the amount determined under subsection (3) for the

year;

(

b) during the year of a general election, the greater of

(i) $20 000, and

(ii) the amount determined under subsection (4) for the

year;

(

c) during the campaign period in respect of a by-election, the

greater of

(i) $20 000, and

(ii) the amount determined under subsection (4) for the

campaign period.

(2) No candidate for election as a councillor and no chief financial

officer of a candidate for election as a councillor shall incur campaign

expenses in the first 2 years of a campaign period in respect of a

general election.

(3) For the purposes of subsection (1)(a)(ii), the amount referred to in

that subsection is 1/2 of the amount determined in accordance with

subsection (4)(

a) or (b), as applicable.

(4) For the purposes of subsection (1)(b)(ii) and (c)(ii),

(

a) for candidates for councillor other than the chief elected

official,

(

i) if there are wards in the local jurisdiction in which the

individual is a candidate, the amount referred to in

subsection (1)(b)(ii) and (c)(ii) is determined by the

formula

$1 x (A/B)

where

A is the number of persons residing in the area of

the local jurisdiction at the start of the campaign

period as determined in accordance with

section 5;

B is the number of wards in the local jurisdiction at

the start of the campaign period,

and

(ii) in any other case, the amount referred to in subsection

(1)(b)(ii) and (c)(ii) is determined by multiplying $1 by

the number of persons residing in the area of the local

jurisdiction at the start of the campaign period as

determined in accordance with

section 5,

and

(

b) for candidates for chief elected official, the amount referred

to in subsection (1)(b)(ii) and (c)(ii) is determined by

multiplying $1 by the number of persons residing in the area

of the local jurisdiction at the start of the campaign period as

determined in accordance with

section 5.

Expense limits - local political parties

2(1) This

section applies where local political parties are authorized

by the regulations under

section 160.1 of the Act in respect of a local

jurisdiction.

(2) For the purposes of

section 160.2(1) of the Act, no local political

party registered in a local jurisdiction under the regulations referred to

in subsection (1) and no person acting on behalf of a local political party

shall incur campaign expenses that exceed the following limits:

(

a) during the year before the year of a general election,

(

i) if there are wards in the local jurisdiction, for each ward

in which a candidate's nomination for endorsement has

been accepted by the local political party as of

November 1 of that year, the amount determined by the

formula

$0.50 x (C/D)

where

C is the number of persons residing in the area of the

local jurisdiction at the start of the campaign

period as determined in accordance with

section 5;

D is the number of wards in the local jurisdiction at

the start of the campaign period,

and

(ii) in any other case, the amount determined by multiplying

$0.50 by the number of persons residing in the area of

the local jurisdiction at the start of the campaign period

as determined in accordance with

section 5;

(

b) during the year of a general election or during a campaign

period for a by-election,

(

i) if there are wards in the local jurisdiction, for each ward

in which the local political party has registered an

endorsed candidate as of nomination day, the amount

determined by the formula

$1 x (C/D)

where

C is the number of persons residing in the area of the

local jurisdiction at the start of the campaign

period as determined in accordance with

section 5;

D is the number of wards in the local jurisdiction at

the start of the campaign period,

and

(ii) in any other case, the amount determined by multiplying

$1 by the number of persons residing in the area of the

local jurisdiction at the start of the campaign period as

determined in accordance with

section 5.

(3) No local political party and no person acting on behalf of a local

political party shall incur campaign expenses in the first 2 years of a

campaign period in respect of a general election.

Expenses incurred by slates

3(1) Where a slate incurs shared campaign expenses on behalf of its

candidates, the total amount of those expenses shall be allocated

equally among those candidates and included in the campaign

expenses of those candidates for the purposes of

section 1.

(2) No slate and no person acting for a slate shall incur shared

campaign expenses in the first 2 years of a campaign period in respect

of a general election.

Expense limits - third parties

4 For the purposes of

section 165(1) of the Act, no registered third

party shall incur election advertising expenses that exceed, in an

election advertising period in respect of a local jurisdiction, the product

obtained by multiplying $0.50 by the number of persons residing in the

area of the local jurisdiction at the start of the election advertising

period as determined in accordance with

section 5.

Persons residing in an area

5 For the purposes of this Regulation, the number of persons residing

in an area at the start of a campaign period or at the start of an election

advertising period is determined using the population most recently

specified by order of the Minister under

section 604.1 of the Municipal

Government Act prior to the start of the campaign period or prior to the

start of an election advertising period.

Transitional

6 If a local political party is registered in a local jurisdiction under the

regulations referred to in

section 2(1) before January 1, 2025, the

reference in

section 2(2)(a)(

i) to "November 1 of that year" shall be

read as a reference to "the day the local political party is entered into

the register of local political parties and slates by the Registrar or

authorized local jurisdiction".

Expiry

7 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on April 30, 2028.

Coming into force

8 This Regulation comes into force on the coming into force of

section 1(75) of the Municipal Affairs Statutes Amendment Act, 2024.