Referendum (General) Regulation (Alta. Reg. 252/2020)

Alta. Reg. 252/2020

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 81/2026) ALBERTA REGULATION 252/2020 Referendum Act REFERENDUM (GENERAL) REGULATION Table of Contents 1

Definitions General 2 Timing of referendum 3 Forms 4 Issue of order 4 . 1 Information provided by Chief Electoral Officer 5 Contents of ballots 6 Printing of ballots 6 . 0 1 Application of Election Finances and Contributions Disclosure Act 6 . 1 Counting votes 6 . 2 Appointment of scrutineers 6 . 2 1 Performance of duties 6 . 3 Scrutineer code of conduct 6 . 4 Unofficial count 7 Conduct of offici al tabulation 8 Announcement of official results 9 Appeal and recount 10 Publication of results 11 A r c h i v e s Referendum Held in Conjunction with Provincial Election or on Date Fixed by Order 12 Application 13 Appointment of returning officers 14 Publication of referendum proclamation 14.1 Scrutineer duties 15 Voting procedure 15.1 Exceptions to Election Act

Section 1 AR 252/2020 REFERENDUM (GENERAL) REGULATION 2 Referendum Held in Conjunction with Municipal Elections 16 Application 17 Appointment of officers 18 Publication of referendum proclamation 19 Marking of ballots 20 Exception to

section 45 of Local Authorities Election Act 21 Entries in elector register 22 Advance vote 23 Official count of returning officer 24 Ballot boxes for recount 25 Retention of ballot boxes 26 Ministerial powers

Definitions 1(1) In this Regulation, (a) “local jurisdiction” means a local jurisdiction as defined in the Local Authorities Election Act; (a.1) “proponent” means a proponent as defined in the Citizen Initiative Act; (b) “referendum” means a referendum conducted under the Act; (c) “returning officer” means (

i) in respect of a referendum held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 1 or 5.1 of the Referendum Act, a returning officer as defined in the Election Act, and (ii) in respect of a referendum held in conjunction with the general elections under the Local Authorities Election Act, a returning officer as defined in the Local Authorities Election Act. (d) “scrutineer” means a person appointed as a scrutineer in accordance with

section 6.2(1) or (3) or 6.3(5)(b).

(1.1) For the purposes of this Regulation, a political party has official party status if the political party (

a) is represented in the Legis lative Assembly of Alberta by at least 4 members of the Legislative Assembly on the earlier of the following dates:

Section 2 AR 252/2020 REFERENDUM (GENERAL) REGULATION 3 (

i) the date a referendum is ordered by the Lieutenant Governor in Council; (ii) the date immediately preceding the date on which the writs are issued for the general election, in the case of a referendum to be held in conjunction with a general election under the Election Act, a n d (

b) received at least 5% of the popular vote in the most recent general election under the Election Act.

(2) Subject to subsection (1) and (3), words and phrases used in this Regulation have the meanings given to them in the Election Act.

(3) Words and phrases used in sections 16 to 26 have the meanings given to them in the Local Authorities Election Act. AR 252/2020 s1;247/2025;81/2026 General Timing of referendum 2(1) Where a referendum is to be held in conjunction with a general election under the Election Act, (

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

section 38.1(2) of the Election Act, the order must be made at any time during the period commencing on the fourth Monday in August in the year in which the general election is held and ending on the day the writs are issued for the general election, (

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

section 38.1(2) of the Election Act, the order must be made not later than 3 days after the day the writs are issued for the general election, and (

c) the date set for voting must be the same day as the day on which voting is to take place for the general election under the Election Act.

(2) Subject to subsection (3), where a referendum is to be held separately on a date provided for in the order, the order must provide the day on which voting is to take place. (3) Subsection (2) does not apply to a referendum conducted by mail-in ballot.

Section 3 AR 252/2020 REFERENDUM (GENERAL) REGULATION 4

(4) Where a referendum is to be held in conjunction with general elections under the Local Authorities Election Act, the order must (

a) be made not later than 14 d ays before the date prescribed by

section 25(1) of the Local Authorities Election Act as nomination day, and (

b) appoint election day as the day set out in

section 11(1)(

a) of the Local Authorities Election Act. AR 252/2020 s2;197/2022;117/2024;247/2025 Forms 3 The Chief Electoral Officer may prescribe any forms required for the conduct of a referendum and not otherwise prescribed by a regulation under the Act. Issue of order 4 On receipt of an order under

section 1 or 5.1 of the Act, the Chief Electoral Officer shall endorse on it the date on which the Chief Electoral Officer received it and shall (

a) advise each returning off icer that an order has been issued, and (

b) transmit a copy of the order to each returning officer. AR 252/2020 s3;247/2025 Information provided by Chief Electoral Officer 4.1(1) On being notified of an order under

section 1 or 5.1 of the Act, the Chief Electoral Officer shall publish a notice that sets out (

a) the referendum question, (

b) whether the referendum will be conducted (

i) in conjunction with a general election under the Election Act, (ii) separately as a sta nd-alone referendum, or (iii) in conjunction with the general elections under the Local Authorities Election Act, a n d (

c) any other information that the Chief Electoral Officer considers appropriate.

Section 5 AR 252/2020 REFERENDUM (GENERAL) REGULATION 5

(2) The notice must be published on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

(3) Nothing in subsection (1) shall be construed as requiring or authorizing the Chief Electoral Officer to inform, or answer inquiries from, the public with respect to any argument in support of or opposition to any referendum question. AR 247/2025 s5 Contents of ballots 5(1) Every ballot used in a referendum must set out the question or questions that are to be put to the electors in a type of at least 12 point letters.

(2) Every ballot must contain instructions on how to mark the ballot.

(3) The ballot must be in a form established by the Chief Electoral Officer. (4) Subsection (3) does not apply to a referendum held in a local jurisdiction in conjunction with a general election under the Local Authorities Election Act if a bylaw is passed for an elector assistance terminal under

section 84.1(1) of that Act.

(5) Each Special Ballot package must include the wording of the question or questions as part of the appropriate forms. AR 252/2020 s5;247/2025 Printing of ballots 6(1) The Chief Electoral Officer shall have the ballots printed for use in the referendum.

(2) The person printing the ballots shall deliver to the Chief Electoral Officer with the printed ballots a completed and executed Affidavit of Printer in the prescribed form.

(3) The Chief Electoral Officer shall provide each returning officer with a sufficient quantity of ballots and shall maintain a record of the number provided.

(4) Each returning officer shall maintain a record of the quantity of ballots provided (

a) to the election officer sup ervising each voting place in the case of an election held (

i) in conjunction with a general election under the Election Act,

Section 6.01 AR 252/2020 REFERENDUM (GENERAL) REGULATION 6 (ii) separately on a date pr ovided in an order under

section 1 of the Act, or (iii) separately as a stand-a lone referendum on a date provided in an order under

section 5.1 of the Act, o r (

b) to each presiding deputy in the case of an election held in conjunction with the general elections under the Local Authorities Election Act. (5) Subsections (1) to (4) do not apply to a referendum held in a local jurisdiction in conjunction with a general election under the Local Authorities Election Act if a bylaw is passed for an elector assistance terminal under

section 84.1(1) of that Act. AR 252/2020 s6;197/2022;247/2025 Application of Election Finances and Contributions Disclosure Act 6.01 The Election Finances and Contributions Disclosure Act does not apply to a registered party, constituency association or member of the Legislative Assembly with regard to a referendum. AR 81/2026 s3 Counting votes 6.1 A vote shall only be counted if it clearly indicates the voter’s intention to vote for or against the question.

AR 247/2025 s8 Appointment of scrutineers 6.2(1) At any time after the Lieutenant Governor in Council orders that a referendum be held, each political party with official party status and the proponent, if the referendum is the result of a successful initiative petition under the Citizen Initiative Act, may each, in writing, appoint, (

a) in the case of a referendum to be held in conjunction with a general election under the Election Act or as a stand-alone referendum, (

i) one scrutineer for each advance voting place for each day of an advance vote and for each voting place on referendum voting day, for the purpose of observing, in a manner that does not compromise the secrecy of voting,

Section 6.2 AR 252/2020 REFERENDUM (GENERAL) REGULATION 7 (

A) the matching under

section 43(2)(

a) of the Election Act of an elector’s identification with the elector’s name on the list of electors and the address on the elector’s identification with the elector’s address as shown on the list of electors, (

B) the matching under

section 100.1 of the Election Act of the name and residential address on an identification with the name and residential address on the voting record, and (

C) the issuing of referendum ballots to electors, (ii) one additional scrutinee r for each advance voting place for each day of an advance vote and for each voting place on referendum voting day, for the purpose of observing, in a manner that does not compromise the secrecy of voting, the signing of declarations under sections 100.2 and 100.4 of the Election Act, and (iii) one additional scrutineer for each voting station at each voting place on referendum voting day for the purpose of observing, in a manner that does not compromise the secrecy of voting, the counting of ballots, o r (

b) in the case of a referendum to be held in conjunction with general elections under the Local Authorities Election Act, (

i) one scrutineer for each advance voting station for each day of an advance vote and for each voting station on referendum voting day, for the purpose of observing, in a manner that does not compromise the secrecy of voting, the determination under

section 53(1)(

a) of the Local Authorities Election Act of whether a person is permitted to vote, (ii) one additional scrutinee r for each advance voting station for each day of an advance vote and for each voting station on referendum voting day, for the purpose of observing, in a manner that does not compromise the secrecy of voting, the determination under

section 53(1)(

b) and, if applicable, (4) of the Local Authorities Election Act of whether a person is permitted to vote, and

Section 6.2 AR 252/2020 REFERENDUM (GENERAL) REGULATION 8 (iii) one additional scrutineer for each voting station on referendum voting day for the purpose of observing the counting of votes.

(2) When a political party with official party status or a proponent appoints a scrutineer, the political party or proponent must notify the Chief Electoral Officer in writing of the voting place or voting station in respect of which the scrutineer has been appointed by a date determined by the Chief Electoral Officer that is no later than 8 weeks before referendum voting day.

(3) If a political party with official party status or a proponent does not appoint a scrutineer, or if the Chief Electoral Officer determines that additional scrutineers should be appointed, the Chief Electoral Officer or a returning officer may, in writing, appoint scrutineers for a voting place or voting station, as the case may be, from a list of names submitted under subsection (4) for the purpose of observing, in a manner that does not compromise the secrecy of voting, (

a) in the case of a referendum to be held in conjunction with a general election under the Election Act or as a stand-alone referendum, (

i) the matching under

section 43(2)(

a) of the Election Act of an elector’s identification with the elector’s name on the list of electors and the address on the elector’s identification with the elector’s address as shown on the list of electors, (ii) the matching under

section 100.1 of the Election Act of the name and residential address on an identification with the name and residential address on the voting record, (iii) the issuing of referen dum ballots to electors, (iv) the signing of declaratio ns under sections 100.2 and 100.4 of the Election Act, and (

v) the counting of ballots, o r (

b) in the case of a referendum to be held in conjunction with general elections under the Local Authorities Election Act, (

i) the determination under

section 53(1)(

a) of the Local Authorities Election Act of whether a person is permitted to vote,

Section 6.2 AR 252/2020 REFERENDUM (GENERAL) REGULATION 9 (ii) the determination under

section 53(1)(

b) and, if applicable, (4) of the Local Authorities Election Act of whether a person is permitted to vote, and (iii) the counting of votes.

(4) A third party registered under

section 9.1 of the Election Finances and Contributions Disclosure Act who engages in referendum advertising under

section 9.1(2)(

d) of that Act may submit, in writing, a list of names to the Chief Electoral Officer from which the Chief Electoral Officer or a returning officer may appoint scrutineers under subsection (3).

(5) When appointing a scrutineer under subsection (3), the Chief Electoral Officer or returning officer may consider if other scrutineers that have been appointed are for or against each question to be put to the electors in the referendum.

(6) A person may not be appointed as a scrutineer under subsection (1) or (3) or be included on a list of names submitted under subsection (4) unless the person is an eligible elector.

(7) A person who has, within the previous 10 years, been issued an administrative penalty or letter of reprimand or been convicted of an offence under the Election Act, Election Finances and Contributions Disclosure Act, Local Authorities Election Act or Canada Elections Act (Canada) is not eligible to be appointed as a scrutineer under subsection (1) or (3) or to be included on a list of names submitted under subsection (4).

(8) Each scrutineer appointed under this

section is required to, (

a) in the case of a referend um held in conjunction with general elections under the Local Authorities Election Act, subscribe to the statement under

section 16(2) of that Act, or (

b) in any other case, take th e prescribed oath of secrecy referred to in

section 93(1) of the Election Act.

(9) A person appointed as a scrutineer must produce the person’s appointment to the returning officer, election officer or presiding deputy of the voting place or voting station to which the person’s appointment relates before being admitted (

a) to the voting place or votin g station, as the case may be, during voting hours, or (

b) to the place set for the co unting of ballots or votes, as the case may be.

Section 6.21 AR 252/2020 REFERENDUM (GENERAL) REGULATION 10

(10) The returning officer, election officer or presiding deputy at a voting place or voting station, as the case may be, may designate the place or places at the voting place or voting station where a scrutineer may observe the conduct of the referendum.

(11) Except as provided in subsection (10) and

section 6.21(2) to (4), a person shall not impede a scrutineer from performing the duties of a scrutineer. AR 247/2025 s8;81/2026 Performance of duties 6.21(1) A scrutineer referred to in

section 6.2(1)(a)(

i) or (ii) or (b)(

i) or (ii) may perform their duties in respect of more than one voting place or voting station, as the case may be.

(2) Subject to subsection (4), in the context of a referendum to be held in conjunction with a general election under the Election Act or as a stand-alone referendum, the returning officer or election officer at a voting place shall not permit more than 2 scrutineers for each political party with official party status and 2 scrutineers for the proponent, if applicable, to be present at the same time at a voting place and shall not permit more than one scrutineer for each political party with official party status and one scrutineer for the proponent, if applicable, to be present at the same time (

a) at a voting station, or (

b) at the place where declara tions are signed under sections 100.2 and 100.4 of the Election Act.

(3) In the context of a referendum to be held in conjunction with general elections under the Local Authorities Election Act, the presiding deputy at a voting station shall not permit more than 2 scrutineers for each political party with official party status and 2 scrutineers for the proponent, if applicable, to be present at the same time at a voting station.

(4) In the context of a referendum to be held in conjunction with a general election under the Election Act or as a stand-alone referendum, the returning officer or election officer at a voting place may permit one scrutineer for each political party with official party status and one scrutineer for the proponent, if applicable, to be present for each voting station at the voting place for the purpose of counting ballots. AR 247/2025 s8;81/2026 Scrutineer code of conduct 6.3(1) The Chief Electoral Officer must establish a code of conduct for scrutineers.

Section 6.4 AR 252/2020 REFERENDUM (GENERAL) REGULATION 11

(2) The code of conduct established under subsection (1) must be posted in each voting station or voting place, as the case may be.

(3) The returning officer shall provide to each scrutineer a copy of the code of conduct.

(4) Each scrutineer shall comply with the code of conduct, and a scrutineer may be removed from the voting station or voting place if, in the opinion of the returning officer, election officer or presiding deputy, the scrutineer fails to comply with the code of conduct.

(5) If a scrutineer is removed from a voting station or voting place in accordance with subsection (4), (

a) that scrutineer shall not be appointed or act as a scrutineer (

i) in any electoral divis ion for that referendum, (ii) if that referendum is bei ng held in conjunction with a general election under the Election Act, as a scrutineer under that Act for any candidate in that general election, or (iii) if that referendum is bei ng held in conjunction with the general elections under the Local Authorities Election Act, as a scrutineer under that Act for any candidate in those general elections, a n d (

b) a political party with official party status, a proponent , the Chief Electoral Officer or the returning officer may appoint a replacement scrutineer in accordance with

section 6.2.

(6) When a political party with official party status or a proponent appoints a replacement scrutineer, the political party or proponent must immediately notify the Chief Electoral Officer in writing of the voting place or voting station in respect of which the replacement scrutineer has been appointed.

AR 247/2025 s8;81/2026 Unofficial count 6.4(1) If more than one question is put to the electors in a referendum, the unofficial count for any question that is the result of a successful initiative petition under the Citizen Initiative Act must begin at each voting place or voting station, as the case may be, before the unofficial count for any other question commences at that voting place or voting station.

Section 7 AR 252/2020 REFERENDUM (GENERAL) REGULATION 12

(2) The Chief Electoral Officer shall publish unofficial results of the counting of the ballots or votes, as the case may be, after the close of voting on referendum voting day as the results are received from returning officers.

(3) Notwithstanding

section 111(12) of the Election Act, the unofficial count of the ballots or votes, as the case may be, for a referendum must be completed no later than (a) 12 hours after the close of voting on referendum voting day for a referendum in which one or 2 questions are put to the electors, (b) 24 hours after the close of voting on referendum voting day for a referendum in which 3 or 4 questions are put to the electors, (c) 36 hours after the close of voting on referendum voting day for a referendum in which 5 or 6 questions are put to the electors, and (d) 48 hours after the close of voting on referendum voting day for a referendum in which 7 or more questions are put to the electors.

AR 81/2026 s6 Conduct of official tabulation 7(1) Each returning officer shall, within 8 days after the referendum vote has taken place, submit to the Chief Electoral Officer the Statement of Official Results prepared by the returning officer.

(2) The Chief Electoral Officer shall add together the results of the counts set out in the Statements of Official Results prepared by the returning officers in order to determine which answer to each of the question or questions posed in the referendum received the most votes.

(3) On complying with subsection (2), the Chief Electoral Officer shall prepare a Final Statement of Official Count. AR 252/2020 s7;247/2025 Announcement of official results 8(1) The Chief Electoral Officer shall announce the results of a referendum.

(2) The Chief Electoral Officer shall retain the Statements of Official Results and the Final Statement of Official Count for a period of 21 days after announcing the official results of the

Section 9 AR 252/2020 REFERENDUM (GENERAL) REGULATION 13 referendum to allow for possible appeals or applications for a recount of the votes. AR 252/2020 s8;247/2025 Appeal and recount 9(1) Notwithstanding

section 144 of the Election Act, for the purposes of a referendum, (

a) an application for a recoun t must be filed and served on the Chief Electoral Officer not later than 8 days after the date on which the Chief Electoral Officer announces the results of the official count, (

b) a recount may be made in relation to the addition of the results contained in the Final Statement of Official Count referred to in

section 7(3), (

c) repealed AR 247/2025 s11, (

d) repealed AR 197/2022 s4, (

e) a reference in s ection 144(3) of the Election Act to

section 138 shall be read as a reference to

section 8 of this Regulation.

(2) Notwithstanding

section 145 of the Election Act, for the purposes of the Referendum Act, (

a) where a recount of the votes is required, the Chief Electoral Officer shall attend at the time and place appointed for the recount with any election officers appointed by the Chief Electoral Officer to assist with the recount, (

b) where the application is limited to a decision of a returning officer, only the returning officer and the Chief Electoral Officer are required to attend, and (

c) the Chief Electoral Officer shall bring all the ballot boxes and documents required for the purposes of disposing of the matter.

(3) Notwithstanding

section 146 of the Election Act, a reference in that section, except in subsection (6), to a returning officer shall be read as a reference to the Chief Electoral Officer.

(4) The judge shall verify and, if necessary, amend the Final Statement of Official Count.

(5) Notwithstanding

section 147 of the Election Act, for the purposes of a referendum, on conclusion of a recount, the judge

Section 10 AR 252/2020 REFERENDUM (GENERAL) REGULATION 14 shall immediately certify the result to the Chief Electoral Officer, who shall, on the 3rd day after that certification, unless the Chief Electoral Officer is served with a notice of appeal within that period, announce the final result of the referendum question or questions pursuant to the recount.

(6) Notwithstanding

section 148 of the Election Act, for the purposes of the Referendum Act, (

a) a reference in s ection 148(2) of the Election Act to a returning officer shall be read as a reference to the Chief Electoral Officer, (

b) where a notice of appeal h as been filed, on determination of the appeal, the Registrar of the Court of Appeal shall immediately certify the result to the Chief Electoral Officer, who shall then announce the final result of the referendum question or questions pursuant to the appeal, (

c) no later than 60 days after the determination of the appea l to the Court of Appeal, the Registrar of the Court of Appeal shall return the ballots to the Chief Electoral Officer, and (

d) if a decision of the Co urt of Appeal is successfully appealed to the Supreme Court of Canada, then on receipt by the Chief Electoral Officer of a certified copy of the judgment of that Court, the Chief Electoral Officer shall announce the final result of the referendum question or questions pursuant to the appeal. AR 252/2020 s9;197/2022;247/2025 Publication of results 10(1) Subject to subsection (2), 8 days after the results of the referendum are announced the Chief Electoral Officer shall submit a notice of the results of the referendum for publication in the next issue of The Alberta Gazette.

(2) If there is an appeal in accordance with sections 144 to 148 of the Election Act as those sections apply to a referendum, the results of the referendum must be published after the expiration of the appeal period. Archives 11 The Chief Electoral Officer shall provide a copy of the order under

section 1 or 5.1 of the Act, the Final Statement of Official Count and the Statements of Official Results to the Provincial Archives after each referendum. AR 252/2020 s11;247/2025

Section 12 AR 252/2020 REFERENDUM (GENERAL) REGULATION 15 Referendum Held in Conjunction with Provincial Election or on Date Fixed by Order Application 12 Sections 13 to 15 apply in respect of a referendum held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 1 or 5.1 of the Referendum Act. AR 252/2020 s12;247/2025 Appointment of returning officers 13 The returning officers appointed under the Election Act are to be the returning officers for the purposes of a referendum. Publication of referendum proclamation 14(1) The Chief Electoral Officer shall, as soon as possible following the making of the order referred to in

section 1 or 5.1 of the Act, publish a proclamation in the prescribed form in respect of each electoral division containing the following information: (

a) the place, dates and hours fixed for voting at an advance voting place; (

b) the date set for voting and the hours at which the voting places will open and close; (

c) the place, date and time fo r announcing the results of the official count, that date being the 10th day after the date set for voting; (

d) the name of the retur ning officer and the contact information for the returning officer’s office.

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

a) the proclamation referr ed to in subsection (1); (

b) a map of the electoral division, including the numbered voting areas; (

c) a list of the locations of voting places; (

d) a statement of the availa bility of barrier-free accessibility to the office of the returning officer and to the advance voting places.

Section 14.1 AR 252/2020 REFERENDUM (GENERAL) REGULATION 16

(3) The Chief Electoral Officer shall, as soon as possible, publish the information referred to in subsection (1) and the information referred to in subsection (2)(

b) and (

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

(4) If any of the information published under subsection (3) is or becomes inaccurate, the Chief Electoral Officer shall publish details of the correction on the Chief Electoral Officer’s website and in any other manner in which the Chief Electoral Officer has published the information under subsection (3).

(5) If a referendum is held in conjunction with an election under the Alberta Senate Election Act, the Chief Electoral Officer may issue a joint proclamation under the authority of

section 32 of that Act and subsection (1). AR 252/2020 s14;197/2022;247/2025 Scrutineer duties 14.1 For a referendum held in conjunction with a general election under the Election Act or separately on a date provided in the order under

section 1 or 5.1 of the Act, each scrutineer may (

a) be present at the place to w hich the ballot box is brought under

section 96(1.1) of the Election Act, (

b) observe, in a manner that does not compromise the secrecy of voting, the conduct of the referendum, including (

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

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

v) the counting of ballots, including Special Ballots, a n d (

c) be present at the place wher e declarations are taken under sections 100.2 and 100.4 of the Election Act while an elector is completing a declaration under one of those sections. AR 247/2025 s15

Section 15 AR 252/2020 REFERENDUM (GENERAL) REGULATION 17 Voting procedure 15(1) An election officer assigned to administer voting shall, without inquiring into or ascertaining how a voter intends to vote, instruct the voter to (

a) proceed to one of the voting booths and there, with the marker provided, mark the voter’s ballot by placing an “X” in the white circular space indicating the voter’s choice opposite each question, (

b) refold the ballot so that the initials, the words “Referendum” and the year of the referendum vote on the back of the ballot can be seen without unfolding it, and (

c) hand the folded ballot to a n election officer assigned to assist electors in depositing their ballots in ballot boxes.

(2) An elector may not vote more than once for each referendum question.

(3) The election officer shall, without unfolding the ballot and in full view of the voter and all present, ascertain by examining the initials that the ballot is a ballot issued by an election officer assigned to administer voting, and return the ballot to the voter so that the voter may place the ballot in the ballot box.

(4) Notwithstanding subsection (3), on being requested by the voter, the election officer shall place the ballot in the ballot box. AR 252/2020 s15;197/2022 Exceptions to Election Act 15.1(1) Notwithstanding

section 92(1) of the Election Act, (

a) one scrutineer appointe d by each political party with official party status and one scrutineer appointed by the proponent, if applicable, may remain in a voting place during voting hours for the purpose of observing, in a manner that does not compromise the secrecy of voting, (

i) the matching under

section 43(2)(

a) of the Election Act of an elector’s identification with the elector’s name on the list of electors and the address on the elector’s identification with the elector’s address as shown on the list of electors, (ii) the matching under

section 100.1 of the Election Act of the name and residential address on an identification with the name and residential address on the voting record, and

Section 15.1 AR 252/2020 REFERENDUM (GENERAL) REGULATION 18 (iii) the issuing of referen dum ballots to electors, (

b) one additional scrutineer appointed by each political part y with official party status and one additional scrutineer appointed by the proponent, if applicable, may remain in a voting place during voting hours for the purpose of observing, in a manner that does not compromise the secrecy of voting, the signing of declarations under sections 100.2 and 100.4 of the Election Act, (

c) one additional scrutineer appointed by each political part y with official party status and one additional scrutineer appointed by the proponent, if applicable, may remain in a voting place during voting hours for the purpose of observing, in a manner that does not compromise the secrecy of voting, the counting of ballots, and (

d) one or more scrutineers appointed under

section 6.2(3) may remain in a voting place during voting hours.

(2) Notwithstanding sections 108(2) and 111(8) of the Election Act, for the purposes of a referendum, a reference to the name of a candidate on whose behalf an objection was made in those sections shall be read as a reference to (

a) the name of the political party or proponent on whose behalf an objection was made, or (

b) the title of the Chief Elect oral Officer or returning officer who appointed the scrutineer.

(3) Notwithstanding

section 111(11) of the Election Act, the following may be present during the unofficial count of the ballots if they have taken the prescribed oath of secrecy referred to in

section 93(1) of that Act: (

a) one scrutineer appointe d by each political party with official party status for each voting station at a voting place; (

b) one scrutineer appointed by the proponent, if applicable, for each voting station at a voting place; (

c) one or more scrutineers appointed under

section 6.2(3), as determined by the Chief Electoral Officer.

(4) Notwithstanding

section 122(1) of the Election Act, the following persons may remain at a mobile voting station during voting hours:

Section 16 AR 252/2020 REFERENDUM (GENERAL) REGULATION 19 (

a) one scrutineer appointe d by each political party with official party status and one scrutineer appointed by the proponent, if applicable, for the purpose of observing, in a manner that does not compromise the secrecy of voting, (

i) the matching under

section 43(2)(

a) of the Election Act of an elector’s identification with the elector’s name on the list of electors and the address on the elector’s identification with the elector’s address as shown on the list of electors, (ii) the matching under

section 100.1 of the Election Act of the name and residential address on an identification with the name and residential address on the voting record, (iii) the issuing of referendu m ballots to electors, and (iv) the signing of declaratio ns under sections 100.2 and 100.4 of the Election Act; (

b) one or more scrutineers appointed under

section 6.2(3), as determined by the Chief Electoral Officer.

(5) Notwithstanding

section 162 of the Election Act, the provision of food or beverages to a scrutineer appointed under

section 6.2 is deemed not to be a contravention of

section 162(1) of that Act. AR 81/2026 s7 Referendum Held in Conjunction with Municipal Elections Application 16 Sections 17 to 26 apply in respect of a referendum held in conjunction with the general elections under the Local Authorities Election Act. Appointment of officers 17(1) The officers and constables appointed under the Local Authorities Election Act for the general elections under that Act are officers for the purposes of a referendum.

(2) The officers have the duties and the necessary powers under the Local Authorities Election Act to conduct a referendum, except where inconsistent with the Referendum Act, this regulation and any other regulation made under the Referendum Act.

Section 18 AR 252/2020 REFERENDUM (GENERAL) REGULATION 20 Publication of referendum proclamation 18(1) The Chief Electoral Officer shall, as soon as possible following the making of the order referred to in

section 1 or 5.1 of the Act, publish a proclamation in the prescribed form in respect of each municipality containing the following information: (

a) the date of referendum votin g day and a statement that the voting stations will be open from 10 a.m. until 8 p.m. on referendum voting day, or open from an earlier time as allowed by an elected authority; (

b) the place, date and time fo r announcing the results of the official count, that date being the 10th day after referendum voting day; (

c) the name of the retur ning officer and the contact information of the returning officer.

(2) The proclamation referred to in subsection (1) shall be published by (

a) posting a copy of it in the office of the returning office r, and (

b) publishing the information referred to in subsection (1)(

a) to (

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

(3) A returning officer may post additional copies of the proclamation at other places in the municipality where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.

(4) If any of the information published under subsection (2)(

b) is or becomes inaccurate, the Chief Electoral Officer shall publish details of the correction on the Chief Electoral Officer’s website and in any other manner in which the Chief Electoral Officer has published the information under subsection (2)(b).

(5) If a referendum is held in conjunction with an election under the Alberta Senate Election Act, the Chief Electoral Officer may issue a joint proclamation under the authority of

section 43 of that Act and subsection (1). AR 252/2020 s18;247/2025 Marking of ballots 19(1) On receiving a ballot from the officer presiding at the voting station, the elector shall forthwith proceed into the voting

Section 20 AR 252/2020 REFERENDUM (GENERAL) REGULATION 21 compartment provided and shall mark the ballot by placing an “X” indicating the elector’s choice opposite each question.

(2) An elector may not vote more than once for each referendum question.

(3) After marking the ballot, the elector shall fold the ballot so as (

a) to conceal the referendum question or questions and the marks on the face of the ballot, and (

b) to expose the initials of the officer issuing the ballot a t the voting station, and immediately after leaving the voting compartment shall, without delay and without showing the front to anyone, deliver the ballot so folded to the officer supervising at the ballot box.

(4) The officer supervising at the ballot box shall, without unfolding the ballot or in any way disclosing the marks made by the elector on the ballot, verify the initials on the ballot and deposit the ballot at once in the ballot box.

(5) After the ballot is deposited in the ballot box, the elector shall forthwith leave the voting station.

(6) If a bylaw is passed in a local jurisdiction for the use of alternative voting equipment under

section 84 of the Local Authorities Election Act, subsections (1), (3) and (4) do not apply in that local jurisdiction and the elector shall vote in accordance with the bylaw. Exception to

section 45 of Local Authorities Election Act 20(1) Notwithstanding

section 45 of the Local Authorities Election Act, for the purposes of a referendum to which this

section applies, the deputy returning officer shall post a copy of the bulletins referred to in

section 90(1) of the Election Act in accordance with that section.

(2) If a referendum is held in conjunction with an election under the Alberta Senate Election Act, the deputy returning officer may discharge the obligations under both subsection (1) and

section 45 of the Alberta Senate Election Act to post a copy of the bulletins referred to in

section 90(1) of the Election Act by posting a single copy of each of the bulletins.

Section 21 AR 252/2020 REFERENDUM (GENERAL) REGULATION 22 Entries in elector register 21(1) For the purposes of a referendum to which this

section applies, a reference to “Referendum” shall be included in the register referred to in

section 59 of the Local Authorities Election Act.

(2) The officer shall, with respect to each elector who receives a ballot, denote on the register that the elector received a ballot for the purpose of voting in the referendum.

(3) If a referendum is held in conjunction with an election under the Alberta Senate Election Act, the Minister responsible for the Local Authorities Election Act may authorize the use of a single register for both the referendum and the election. Advance vote 22 If an advance vote is being held in a local jurisdiction under

section 73 of the Local Authorities Election Act, the advance vote provisions apply with respect to a referendum. Official count of returning officer 23(1) Repealed AR 81/2026 s8.

(2) Each returning officer shall add together the ballot accounts as prepared by the deputy returning officers.

(3) On complying with subsection (2), the returning officer shall prepare the prescribed Statement of Official Results.

(4) The returning officer shall reject any ballot that contains more than one vote on any referendum question. AR 252/2020 s23;81/2026 Ballot boxes for recount 24 Where a referendum is held in conjunction with a municipal election, every council, elected authority, advisory committee of an improvement district or special area or the council of a summer village that has conducted a referendum vote must provide the ballot boxes to the Chief Electoral Officer to allow for a judicial recount under

section 9. AR 252/2020 s24;247/2025 Retention of ballot boxes 25 For the purposes of a referendum to which this

section applies, notwithstanding

section 101 of the Local Authorities Election Act, the sealed ballot boxes used for the referendum shall be retained for at least

Section 26 AR 252/2020 REFERENDUM (GENERAL) REGULATION 23 (a) 3 months after receiving the m from the returning officer, or (

b) in the case of a judici al recount or an appeal under sections 144 to 148 of the Election Act, 3 months after the final determination of the recount or appeal, after which the retained documents and information contained in the ballot boxes shall be destroyed. Ministerial powers 26 The Minister responsible for the Local Authorities Election Act may give directions in order to remove any difficulty or impossibility of applying the provisions of the Local Authorities Election Act applicable to a referendum.

Printed on Recycled Paper *9780779861897*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 252/2020
Type	regulation
Volume / chapter	2020 252
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9a3090f5bee2bb5bf01c76636e46ba77e56b1546

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