2012 Bill 7 First Session, 28th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 7 ELECTION ACCOUNTABILITY AMENDMENT ACT, 2012 THE MINISTER OF JUSTICE AND SOLICITOR GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 7 BILL 7 2012 ELECTION ACCOUNTABILITY AMENDMENT ACT, 2012 ( A s s e n t e d t o , 2 0 1 2 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

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

Section 1 is amended (

a) in subsection (1) (

i) by adding the following after clause (b): (b.1) “campaign period” means (

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

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

section 38.1(2), the period commencing with the issue of a writ for the election and ending 2 months after polling day,

1 Explanatory Notes Explanatory Notes

Part 1 Election Act 1 Amends

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

Section 1 presently reads in part: 1(1) In this Act, (c) “candidate” means a person (

i) who is a member of the Legislative Assembly, (ii) who is nominated as a c andidate for an electoral division, (iii) who is nominated by a constituency association of a registered party in an electoral division for endorsation as the official candidate of that party in the electoral division, or (iv) who, on or after the date of the issue of a writ for an election in an electoral division, declares the person’s candidacy as an independent candidate at the election in the electoral division;

2 (iii) in the case of an election held under the Senatorial Selection Act, the period commencing with the issue of a writ for the election and ending 2 months after polling day, and (iv) in the case of a by-el ection, the period commencing with the issue of a writ for the by-election and ending 2 months after polling day; (ii) by repealing clause (c)(i); (iii) in clause (

i) by striking out “or any other person having a duty to perform under this Act for the faithful performance of which that person is to be sworn” and substituting “, information officer or any other person appointed under

section 4(3)(c)”; (iv) by repealing clause (

z) and substituting the following: (z) “polling subdivision” means a polling subdivision referred to in

section 14(b); (z.1) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing; (

v) in clause (cc.1) by adding “, 118(5)(b)” after “111(5)”; (vi) by repealing clause (ff) and substituting the following: (ff) “scrutineer” means an elector who is authorized to represent a candidate at a polling station; (vii) by repealing clause (kk) and substituting the following: (kk) “subdivision” means a subdivision referred to in

section 14(a); (

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

2 Explanatory Notes (i) “election officer” means a re turning officer, election clerk, administrative assistant, supervisory deputy returning officer, registration officer, deputy returning officer, poll clerk or any other person having a duty to perform under this Act for the faithful performance of which that person is to be sworn; (z) “polling subdivision” means that area of an electoral division that has been established as a polling subdivision to enable the efficient conduct of an election; (cc.1) “rejected ballot” means a ballot rejected in accordance with

section 111(5) or 119; (ff) “scrutineer” means an electo r of an electoral division who is authorized to represent a candidate in that electoral division at a polling station; (kk) “subdivision” means that ar ea of an electoral division that has been established as a subdivision to enable the efficient conduct of an enumeration;

(2) Subject to

section 121, for the purposes of this Act, ordinary residence is determined in accordance with the following rules: (

a) a person can have only one place of ordinary residence; (

b) a person’s ordinary residence is the place where the person lives and sleeps and to which, when the person is absent from it, the person intends to return; (

c) a student who (

i) is in attendance at an educational institution within or outside Alberta, (ii) temporarily rents a ccommodation for the purpose of attending an educational institution, and (iii) has family members who are ordinarily resident in Alberta and with whom the student ordinarily resides when not in attendance at an educational institution is deemed to reside with those family members; (

d) when a person leaves Alberta with the intention of becoming ordinarily resident outside Alberta, the person’s ordinary residence in Alberta ceases.

(2) Subject to subsections (2.1) to (2.4) and

section 121, for the purposes of this Act, ordinary residence is determined in accordance with the following rules: (

a) a person can have only one place of ordinary residence; (

b) a person’s ordinary residence is the place where the person lives and sleeps and to which, when the person is absent from it, the person intends to return; (

c) when a person leaves Alberta with the intention of becoming ordinarily resident outside Alberta, the person’s ordinary residence in Alberta ceases.

(2.1) If a person leaves his or her residence in Alberta to study at an educational institution outside Alberta, the person is, while pursuing his or her studies outside Alberta, considered to be ordinarily resident in the place where he or she was resident immediately before commencing the studies.

(2.2) If a person leaves his or her residence in Alberta to study at an educational institution elsewhere in Alberta, the person may, while pursuing his or her studies, consider one of the following as his or her place of ordinary residence: (

a) the place where he or she was resident immediately before commencing his or her studies; (

b) the place where he or she is residing in Alberta.

(2.3) If a person leaves his or her residence in a province or territory other than Alberta to study at an educational institution in Alberta, the person is, while pursuing his or her studies in Alberta, considered to be ordinarily resident in the place where the person is residing in Alberta. (2.4) Subsections (2.1), (2.2) and (2.3) apply to the spouse, adult interdependent partner or dependant of a person described in those subsections.

3 Explanatory Notes

4 3

Section 4 is amended (

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

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

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

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

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

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

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

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

b) increase the number of election officers or enumerators, (

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

d) increase the number of polling stations, (

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

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

4 Explanatory Notes 3

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

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

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

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

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

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

(3) Where the Chief Electoral Officer is of the opinion that an emergency or a circumstance exists for which no adequate provision is made in this Act, the Chief Electoral Officer may (

a) extend the time specified for the doing of anything except (

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

b) increase the number of election officers; (

c) require the provision of additional polling places; (

d) omit or vary any form pr escribed, other than a ballot.

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

5 (

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

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

a) a

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

b) a breakdown of results an d a

summary of costs, and (

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

(6) The Chief Electoral Officer shall transmit the report prepared under subsection (5) to the Standing Committee, which shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly. 4

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

(2) For the purpose of carrying out an inquiry or conducting an investigation under this Act, a representative of the Chief Electoral Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association or candidate relevant to the subject-matter of the investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

5 Explanatory Notes

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

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

summary of costs and shall transmit the report to the Standing Committee, which shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly. 4

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

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

(3) Any information with respect to the affairs of a registered political party, registered constituency association or registered

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

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

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

a) the matter is frivolous or vexatious, or (

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

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

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

a) shall provide notice of that decision to (

i) every person or organization who (

A) is the subject of the investigation, or

6 Explanatory Notes candidate that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act must be provided by the registered political party, registered constituency association or registered candidate within 30 days after a written request for it is received from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine.

(4) Subject to subsection (5), any former Chief Electoral Officer and every person who is or was employed or engaged by the Office of the Chief Electoral Officer shall maintain the confidentiality of all information and allegations that come to their knowledge in the course of an inquiry or investigation.

(5) Information and allegations to which subsection (4) applies may be (

a) disclosed to the person w hose conduct is the subject of proceedings under this Act; (

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

c) adduced in evidence at an inquiry under this section; (

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

an Act or regulation of Canada.

7 (

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

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

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

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

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

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

c) adduced in evidence at an inquiry; (

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

an Act or regulation of Canada.

(3) Findings and decisions and any additional information that the Chief Electoral Officer considers to be appropriate shall be

7 Explanatory Notes

8 published on the Chief Electoral Officer’s website in the following circumstances: (

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

section 153.1; (

b) if the Chief Electoral Of ficer has provided notice under

section 4.3(4) and receives a written request for disclosure from a person or organization who received the notice. 5

Section 12 is amended by striking out “or election clerk” and substituting “, election clerk or administrative assistant”. 6

Section 13.1 is amended (

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

(2.1) If information has been collected under the Alberta Personal Income Tax Act with the consent of the taxpayers to whom the information relates for the purpose of updating the list of electors, the Chief Electoral Officer must use that information to revise the register. (

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

(6) On the request of the Chief Electoral Officer, a board of trustees of a school district or division or an operator of a private school or charter school shall, in accordance with a form provided by the Chief Electoral Officer, arrange for the collection of information referred to in

section 13(2)(

a) to (

f) with respect to students who are at least 16 years of age

8 Explanatory Notes 5

Section 12 presently reads: 12 No person who has been appointed or is acting as a returning officer or election clerk may (

a) engage in political activity on behalf of any political party, candidate or constituency association, or (

b) make a contribution under the Election Finances and Contributions Disclosure Act, while the person is so appointed or acting. 6

Section 13.1 presently reads: 13.1(1) The register may, in accordance with this section, be revised from time to time as the Chief Electoral Officer considers necessary but must be revised as soon as possible after the

Schedule of electoral divisions in the Electoral Divisions Act is amended or re-enacted.

(2) The register may be revised by any or all of the following methods: (

a) conducting a door-to-door enumeration in accordance with Division 3 of all or some of the electoral divisions, or portions of any of them, as determined by the Chief Electoral Officer; (

b) using information provided pursuant to an agreement under

section 13.2(1) or (2);

9 enrolled in a school operated by that board or operator for disclosure to and use by the Chief Electoral Officer.

(7) Nothing in subsection (6) requires a student to provide the information referred to in

section 13(2)(

a) to (f), and the consent of the student’s guardian to the collection, use and disclosure of the information is required if the student is 16 or 17 years of age. 7

Section 18(8) is repealed. 8 The following is added after

section 19: Protection of list 19.1(1) A person or registered political party to whom a copy of a list of electors has been furnished under this Act shall take

9 Explanatory Notes (

c) using personal information he ld by a public body as defined in the Freedom of Information and Protection of Privacy Act if in the opinion of the Chief Electoral Officer the information is necessary for the purpose of revising the register; (

d) using personal information listed in public telephone directories; (

e) using any other information obtained by or available to the Chief Electoral Officer.

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

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

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

(4) A public body providing information under subsection (3) may charge a reasonable fee for providing the information, but the fee may not exceed the actual cost of producing a copy of the information.

(5) The Chief Electoral Officer may retain information collected under subsection (2) but not included in the register, for the purpose of correlating information contained or to be included in the register. 7

Section 18(8) presently reads:

(8) A member or registered political party to whom a copy of a list of electors has been furnished under this

section shall take all reasonable steps to protect the list and the information contained in it from unauthorized use. 8 Protection of list.

10 all reasonable steps to protect the list and the information contained in it from loss and unauthorized use.

(2) A person or registered political party to whom a copy of a list of electors has been furnished under this Act shall immediately notify the Chief Electoral Officer if the list or information contained in the list has been lost.

(3) On being notified under subsection (2), the Chief Electoral Officer shall direct the person or registered political party to take any action the Chief Electoral Officer considers appropriate. 9

Section 20(2)(

c) is repealed and the following is substituted: (

c) by a candidate, (

i) for communicating with electors during a campaign period, including for soliciting contributions and campaigning, and (ii) for soliciting contributions during any period authorized under

section 43.1 of the Election Finances and Contributions Disclosure Act;

10 Explanatory Notes 9

Section 20(2) presently reads:

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

section 19, may be used only as follows: (

a) by a registered political party or a registered constituency association, for communicating with electors, including for soliciting contributions and recruiting party members; (

b) by a member of the Legislative Assembly (

i) for carrying out the duties and functions of the member, (ii) in the case of a member of a registered political party, for soliciting contributions for the use of the registered political party or any constituency association of that party and recruiting party members, and (iii) in the case of a member who is not a member of a registered political party but who has endorsed a constituency association as the official association of the member, for soliciting contributions for the use of the constituency association; (

c) by a candidate, for communicating with electors during a campaign period as defined in the Election Finances and Contributions Disclosure Act, including for soliciting contributions and campaigning; (

d) by election officers for th e purpose of carrying out their duties under this Act.

11 10

Section 25(3) is repealed. 11

Section 30(2) is amended by striking out “13(5)(

a) to (e)” and substituting “13(2)(

a) to (f)”. 12

Section 34 is repealed and the following is substituted: Notice of revisions 34 When the returning officer has accepted all the forms completed under

section 30(2) and any forms returned under

section 30(9) for the subdivisions in the returning officer’s electoral division, the returning officer shall publish in one or more newspapers of general circulation in the returning officer’s electoral division and on the Chief Electoral Officer’s website the dates, times and places for consideration of applications for revisions to the information. 13

Section 36(3) is repealed and the following is substituted:

(3) The returning officer shall publish in one or more newspapers of general circulation in the returning officer’s electoral division and on the Chief Electoral Officer’s website the details of any additional dates, times and places for consideration of applications for revisions so as to give not less than 2 days’ notice of the information. 14

Section 38(2) is repealed and the following is substituted:

(2) The returning officer shall review the boundaries of and the number of electors in each subdivision of the returning officer’s electoral division and, if the returning officer considers it necessary, shall, in consultation with the Chief Electoral Officer, redefine and, if necessary, renumber the subdivisions in accordance with

section 14 for use as polling subdivisions in any election, by-election, referendum or plebiscite.

11 Explanatory Notes 10

Section 25(3) presently reads:

(3) When 2 enumerators are appointed for a subdivision they shall, where possible, represent different political interests based in the first instance on the recommended names provided by the registered constituency associations under

section 23. 11 Corrects a cross-reference error. 12

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

section 30(2) and any forms returned under

section 30(9) for the subdivisions within the returning officer’s electoral division, the returning officer shall have published in one or more newspapers of general circulation within the returning officer’s electoral division the dates, times and places for consideration of applications for revisions to the information. 13

Section 36(3) presently reads:

(3) The returning officer shall have published in one or more newspapers of general circulation within the returning officer’s electoral division the details of any additional dates, times and places for attending to applications for revisions so as to give not less than 2 days’ notice of the information. 14

Section 38(2) presently reads:

(2) The Chief Electoral Officer shall review the boundaries of and the number of electors in each subdivision of the Chief Electoral Officer’s electoral division and, if the Chief Electoral Officer considers it necessary, shall, in consultation with the returning officer, redefine and, if necessary, renumber the subdivisions in accordance with

section 14 for use as polling subdivisions in any election, by-election, referendum or plebiscite.

12 15

Section 39 is amended (

a) by repealing clause (

c) and substituting the following: (

c) appointing the 10th day after the date of the writ as nomination day, or if the 10th day is a holiday, the next following day not being a holiday, (

b) by repealing clause (

d) and substituting the following: (

d) providing that, where votin g is necessary, the 28th day after the date of the writ is the day on which voting is to take place, or if the 28th day is a holiday, the next following day not being a holiday, and 16

Section 43(

b) is amended by striking out “is sworn in” and substituting “signs a declaration”.

12 Explanatory Notes 15

Section 39 presently reads: 39 Every election shall be commenced by the passing of an order of the Lieutenant Governor in Council (

a) authorizing the issue of a wr it of election in the prescribed form directed and addressed to the returning officer of each electoral division for which an election is to take place, (

b) fixing the date of the writ, (

i) which must be the same for all writs in the case of a general election, and (ii) which must be the same as the date of the order in the case of a by-election, (

c) appointing the 14th day after the date of the writ as nomination day, (

d) providing that, where voting is necessary, the 14th day after nomination day shall be the day on which voting is to take place, or if the 14th day is a holiday, then on the next following day not being a holiday, and (

e) directing that the writ be re turned as provided by this Act. 16

Section 43 presently reads: 43 Subject to

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

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

b) that person is swor n in under

section 95, or (

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

part 1 of the certificate referred to in

section 118(2)(d).

13 17

Section 47(1) is amended by striking out “Immediately after a writ of election is issued” and substituting “In preparation for the conduct of an election in an electoral division”. 18

Section 47.1(1) is amended by striking out “Immediately on being notified by the Chief Electoral Officer of the issue of a writ of election” and substituting “In preparation for the conduct of an election in an electoral division”. 19

Section 54(1)(

b) is amended by adding “supervisory deputy returning officer or” before “deputy returning officer”. 20

Section 55 is amended (

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

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

a) to (

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

d) and (

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

b) by repealing subsection (4)(

a) and substituting the following: (

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

13 Explanatory Notes 17

Section 47(1) presently reads: 47(1) Immediately after a writ of election is issued, the Chief Electoral Officer shall appoint an elector of the electoral division as election clerk. 18

Section 47.1(1) presently reads: 47.1(1) Immediately on being notified by the Chief Electoral Officer of the issue of a writ of election, the returning officer shall appoint an elector of the electoral division as administrative assistant. 19

Section 54(1) presently reads: 54(1) Each returning officer shall (

a) have prepared conspicuous si gns for directing electors to the location of each polling place within the returning officer’s electoral division, and (

b) distribute the signs to each deputy returning officer in the returning officer’s electoral division. 20

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

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

b) the place and hours fixed for the nomination of candidates and the date fixed for the closing of nominations, (

c) the place, dates and hours fixed for voting at an advance poll if voting is necessary, (

d) the date of polling day and the hours at which the polling places will open and close if voting is necessary,

14 21

Section 59 is amended (

a) in subsection (1) by striking out “Any” and substituting “At any time during the campaign period, any”; (

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

14 Explanatory Notes (

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

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

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

a) the proclamation referred to in subsection (1); (

b) a map of the electoral division including the numbered polling subdivisions; (

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

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

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

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

a) to (

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

d) and (

e) in a newspaper having general circulation in the electoral division for which the returning officer is appointed.

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

a) publish details of the correction in the newspaper in which the information in the proclamation was published under subsection (2.1), and (

b) immediately provide to all c andidates or their official agents written details of the correction. 21

Section 59 presently reads: 59(1) 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.

(1.1) The nomination paper referred to in subsection (1) must be filed with the returning officer for the electoral division for which the person is being nominated at any time prior to 2 p.m. on the date appointed as nomination day. (

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

(5) An elector resident in an electoral division, on application to the returning officer of that electoral division, may, during the period commencing on the day following nomination day and ending on polling day, inspect the nomination papers filed by candidates in that electoral division. 22

Section 61(1) is amended (

a) in clause (

c) by striking out “and address” and substituting “, address and telephone number”; (

b) in clause (

f) by striking out “of the date fixed for the closing of nominations” and substituting “on the date appointed as nomination day”. 23

Section 62(3) is amended by striking out “personal representative” and substituting “chief financial officer”. 24

Section 63(a)(iii) and (b)(iv) are amended by striking out “that will allow the candidate to appoint the number of scrutineers that the candidate is entitled to appoint”.

15 Explanatory Notes

(1.1) The nomination paper referred to in subsection (1) must be filed with the returning officer for the electoral division for which the person is being nominated any time after the publication of the proclamation but prior to 2 p.m. of the day fixed for the closing of nominations.

(2) The signatures of the electors nominating a candidate must be witnessed by another elector who shall complete the required affidavit on the nomination paper prior to its filing.

(3) A candidate whose nomination papers are not filed with the returning officer prior to the time set for the closing of nominations ceases to be a candidate on the closing of nominations.

(4) At any one time, a person is not eligible to be nominated as a candidate for more than one electoral division. 22

Section 61(1)(

c) and (

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

c) it contains the appointment , name and address of the official agent immediately followed, subject to clause (d), by the signature of the person being nominated, (

f) it is filed with the returning officer prior to 2 p.m. of the date fixed for the closing of nominations. 23

Section 62(3) presently reads:

(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit shall be refunded to the candidate’s personal representative. 24

Section 63(a)(iii) and (b)(iv) presently read: 63 The returning officer, on filing a nomination paper, shall provide to the candidate, (

a) if the candidate is the candidate of a registered political party,

16 25

Section 67 is amended (

a) in subsection (1) by striking out “the date fixed for the close of nominations” and substituting “the date appointed as nomination day”. (

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

(1.1) The returning officer shall send the deposits received under

section 61 to the Chief Electoral Officer. (

c) by repealing subsection (2)(

b) and substituting the following: (

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

16 Explanatory Notes (iii) a sufficient number of copies of the prescribed form for the appointment of scrutineers that will allow the candidate to appoint the number of scrutineers that the candidate is entitled to appoint, and (

b) in every other case, (iv) a sufficient number of copies of the prescribed form for the appointment of scrutineers that will allow the candidate to appoint the number of scrutineers that the candidate is entitled to appoint, and 25

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

a) declare the nominations closed, (

b) announce the names of all offi cially nominated candidates in the electoral division, (

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

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

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

a) make available a list of the candidates to each candidate or each candidate’s official agent, and (

b) publish in the prescribed form the names and addresses of the candidates’ official agents in a newspaper of general circulation within the electoral division.

17 26

Section 70(

a) is amended by striking out “within the electoral division” and substituting “in the electoral division and on the Chief Electoral Officer’s website”. 27

Section 73 is amended by adding the following after subsection (1):

(1.1) Notwithstanding subsection (3), a person who is 16 or 17 years of age may be appointed as a poll clerk to carry out the duties of a poll clerk, except to act as a deputy returning officer under

section 75.

17 Explanatory Notes 26

Section 70 presently reads: 70 Each returning officer shall (

a) publish once within the 7 days immediately preceding polling day, in one or more newspapers of general circulation within the electoral division, (

i) a copy of the map of the electoral division setting out the numbered polling subdivisions, (ii) a list of the locations of the polling places, (iii) a statement of the availability of level access to the office of the returning officer and to the advance polling places, and (iv) a list of qualifications for electors who may use a Special Ballot, and (

b) provide one copy of the map and one copy of the list to each of the returning officer’s deputy returning officers for use on polling day. 27

Section 73 presently reads: 73(1) For each polling place established in an electoral division the returning officer for that electoral division shall appoint one or more qualified persons as poll clerks.

(2) Each poll clerk shall, before assuming the poll clerk’s duties, take the prescribed oath of office before the returning officer, election clerk or deputy returning officer or any person authorized to take oaths in Alberta, and no charge may be made by the person administering the oath.

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

(4) Notwithstanding subsection (3), if there is not a sufficient number of qualified persons available from among those persons resident in the electoral division, the returning officer may appoint

18 28 The following is added after

section 75: Appointment of information officer 75.1(1) A returning officer may, if the returning officer considers it necessary, appoint in the prescribed form a qualified person as an information officer for each polling place.

(2) Each information officer shall, before assuming the information officer’s duties, take the prescribed oath of office before the returning officer, election clerk, supervisory deputy returning officer or deputy returning officer or any person authorized to take oaths in Alberta, and no fee may be charged by the person administering the oath.

(3) The duties of an information officer are to assist electors, to respond to questions from electors and to maintain peace and order in the polling place and on the premises on which the polling place is located. 29

Section 77(

b) is repealed and the following is substituted: (

b) performing the duties of other election officers as required, 30

Section 77.1(4) is repealed and the following is substituted:

(4) The duties of a registration officer are

18 Explanatory Notes as poll clerks qualified persons from any other electoral divisions as the returning officer considers appropriate.

(5) If a poll clerk is unable or unwilling to act or neglects the poll clerk’s duties, the returning officer may appoint another poll clerk in that poll clerk’s place, and a copy of the appointment shall be attached to the poll book. 28 Appointment of information officer. 29

Section 77 presently reads in part: 77 A supervisory deputy returning officer is responsible for (

a) providing overall supervision of 2 or more polling stations in the polling place, (

b) performing the duties of the deputy returning officer or poll clerk in an emergency, 30

Section 77.1(4) presently reads:

(4) The duties of a registration officer are to assist electors who are not on the list of electors by administering the oath of elector and to

19 (

a) to assist electors who are no t on the list of electors in the completion of a declaration referred to in

section 95, and (

b) to assist the supervisory deputy returning officer and the deputy returning officer in the performance of their duties. 31

Section 79 is repealed and the following is substituted: Scrutineers 79(1) Each candidate may appoint in the prescribed form not more than 4 electors as scrutineers (

a) to represent the candidate at each polling station, (

b) to be present at the place to which the ballot box is brought under

section 96(1.1), (

c) to observe the election pr ocedures on the candidate’s behalf, and (

d) to be present at the registration officer’s station while an elector is completing a declaration under

section 95.

(2) The Chief Electoral Officer shall establish a code of conduct for scrutineers.

(3) The code of conduct must be posted in each polling place.

(4) Each candidate shall provide to each of his or her scrutineers a copy of the code of conduct.

(5) A scrutineer shall comply with the code of conduct, and a scrutineer may be removed from the polling place if in the opinion of the supervisory deputy returning officer or deputy returning officer the scrutineer fails to comply with the code. 32

Section 90(1) is amended by striking out “returning officer’s”.

19 Explanatory Notes assist the supervisory deputy returning officer and the deputy returning officer in the performance of their duties. 31

Section 79 presently reads: 79(1) Each candidate may appoint in the prescribed form not more than 4 electors resident in the electoral division as scrutineers (

a) to represent the candidate at each polling station, (

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

c) to be present at the registration officer’s station while an elector is being sworn in under

section 95.

(2) Notwithstanding subsection (1), where, in the opinion of a candidate, the candidate is unable to appoint a qualified person resident within an electoral division as a scrutineer for that electoral division, the candidate may appoint as a scrutineer an elector resident in any other electoral division as the candidate considers appropriate. 32

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

20 33

Section 92(1) is amended by adding the following after clause (h): (

i) the information officers; (

j) other election officers aut horized by the Chief Electoral Officer. 34

Section 94(1) is repealed and the following is substituted: Preservation of peace and order 94(1) Every election officer, from the time that officer takes that officer’s oath of office until completion of the duties of that office, (

a) is charged with preserving the peace at polling places,

20 Explanatory Notes (

a) Notice as to Secrecy of Voting; (

b) Directions for Guidance of Voters. 33

Section 92(1) presently reads: 92(1) Only the following persons may remain in a polling place during polling hours: (

a) the supervisory deputy return ing officer and deputy returning officers; (a.1) the registration officers; (

b) the poll clerks; (

c) the returning officer or election clerk; (

d) the Chief Electoral Officer, members of the Chief Electoral Officer’s office staff designated by the Chief Electoral Officer and visiting officials from other electoral jurisdictions authorized by the Chief Electoral Officer; (

e) the official agents of the candidates; (

f) one scrutineer per candidate for each ballot box; (f.1) one scrutineer per candidate at each registration officer’s station; (

g) the interpreters; (

h) peace officers appointed under the Peace Officer Act. 34

Section 94(1)(

c) presently reads: 94(1) Every returning officer, supervisory deputy returning officer, registration officer and deputy returning officer, from the time that officer takes that officer’s oath of office until completion of the duties of that office, (

c) may

21 (

b) is vested with all the po wers of a justice of the peace, and (

c) may, where a person is contravening subsection (3), (

i) request the assistance of a justice of the peace, a peace officer or any person present to aid that election officer in maintaining peace and order at the polling place, (ii) order any person contravening subsection (3) to leave the polling place and the premises on which the polling place is located, (iii) arrest or cause to be arrested and placed in the custody of a peace officer or other person any person contravening subsection (3), and (iv) cause an arrested person to be imprisoned on that officer’s written order until a time not later than the close of a poll. 35

Section 95 is amended by adding the following after subsection (4):

(4.1) Scrutineers may not vouch for an elector.

21 Explanatory Notes (

i) request the assistance of justices of the peace, peace officers or any persons present to aid that officer in maintaining peace and order at an election; (iii) arrest or cause to be arrested and placed in the custody of a peace officer or other person anyone disturbing the peace or order at an election; (iv) cause an arrested person to be imprisoned on that officer’s written order until a time not later than the close of a poll. 35

Section 95 presently reads in part: 95(1) An elector who is otherwise eligible to vote but whose name does not appear on the list of electors for the polling subdivision in which the elector is ordinarily resident may vote if (

a) the elector produces to th e registration officer or deputy returning officer the following proof of his or her identity and current residence: (

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

22 36

Section 96 is amended by adding the following after subsection (1):

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

(1.2) Before bringing the ballot box to some other place under subsection (1.1), the poll clerk shall advise the scrutineers at the polling place. 37

Section 97 is amended by striking out “polling subdivisions” and substituting “assigned polling subdivisions”. 38

Section 98(3) is amended by adding “Wednesday,” before “Thursday,”. 39

Section 102(2) is amended by adding “, and the poll clerk shall annotate the poll book accordingly” after “sent to the returning officer”.

22 Explanatory Notes (

b) the elector signs a declarati on before the registration officer or deputy returning officer stating that the elector (

i) qualifies as an elector, and (ii) ordinarily resides in that polling subdivision.

(4) An elector who has been vouched for at an election may not vouch for another elector at that election. 36

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

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

b) if requested by the voter, place the ballot so marked in the ballot box. 37

Section 97 presently reads: 97 The returning officer shall provide one copy of the list of electors for all polling subdivisions in the electoral division for use by the deputy returning officer at the advance poll. 38

Section 98(3) presently reads:

(3) The polling places for advance polling shall be open from 9 a.m. to 8 p.m. on each of the Thursday, Friday and Saturday of the full week preceding polling day. 39

Section 102(2) presently reads:

(2) The deputy returning officer shall immediately write the word “spoiled” on the previous ballot returned to the deputy returning officer under subsection (1) and place it in the required envelope to be sent to the returning officer.

23 40

Section 104 is amended (

a) in subsection (2) by striking out “election clerk, administrative assistant, deputy returning officer, poll clerk, supervisory deputy returning officer, registration officer” and substituting “election officer”; (

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

(3) If a voter (

a) has signed a declaration for the purpose of voting, or (

b) has refused to sign a declaration that the voter is required to complete for the purpose of voting, the poll clerk shall annotate the poll book accordingly. 41

Section 107.1 is amended by adding the following after subsection (2):

(3) If a person declines to vote, the poll clerk shall annotate the poll book accordingly. 42

Section 111(11)(

a) to (

c) are repealed and the following is substituted: (

a) the returning officer; (

b) any other election officer authorized by the returning officer;

23 Explanatory Notes 40

Section 104 presently reads in part:

(2) An election clerk, administrative assistant, deputy returning officer, poll clerk, supervisory deputy returning officer, registration officer, candidate, official agent or scrutineer who presents himself or herself for the purpose of voting at the polling subdivision in which that person ordinarily resides may be required by a candidate, official agent or scrutineer before that person votes to sign the declaration before the deputy returning officer or poll clerk located at that polling subdivision.

(3) If a voter (

a) has signed a declaration for the purpose of voting, the poll clerk shall enter in the poll book opposite the name of that voter in the appropriate column the word “declaration”, or (

b) has refused to sign a declaration that the voter was required to take for the purpose of voting, the poll clerk shall enter in the poll book opposite the name of that voter in the appropriate column the words “refused declaration”. 41

Section 107.1 presently reads: 107.1(1) If a person returns the person’s ballot indicating that the person does not wish to mark the ballot, the deputy returning officer shall immediately write the word “declined” on the ballot and place it in the required envelope to be sent to the returning officer.

(2) A person who returns a ballot under subsection (1) (

a) forfeits the right to vote in the election, and (

b) shall forthwith leave the polling place. 42

Section 111(11) presently reads in part:

(11) Only the following persons may be present during the unofficial count of ballots and then only if they have taken the prescribed oath of secrecy: (

a) the supervisory deputy re turning officer and the deputy returning officers;

24 43

Section 113(3) is amended by striking out “electors” and substituting “election officers”. 44

Section 118 is amended (

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

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

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

section 116, (

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

c) whether

part 1 of the certificate has been properly completed. (

b) in subsection (5) (

i) by adding “, that a copy of the prescribed identification document or documents has been included” after “recorded in the Special Ballot Poll Book”; (ii) in clause (a) (

A) in subclause (iii) by striking out “and, opposite the name, the word “special”,” and substituting “and put a line through the voter’s name and enter opposite the name of that voter on the list of electors the word “special”,”;

24 Explanatory Notes (a.1) the registration officers; (

b) the poll clerks; (

c) the returning officer or election clerk; 43

Section 113(3) presently reads:

(3) A returning officer may, if the returning officer considers it necessary, appoint in the prescribed form additional electors to assist in counting the votes from the advance poll. 44

Section 118 presently reads in part:

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

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

section 116, and (

b) that

part 1 of the certifi cate is properly completed.

(5) On determining that the voter is recorded in the Special Ballot Poll Book and that

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

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

i) sign

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

25 (

B) by repealing subclause (

v) and substituting the following: (

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

C) in subclause (vii) by striking out “and forward it” and substituting “and the copy of the identification document or documents and forward them”; (iii) in clause (b)(

i) by striking out “unopened” and substituting “and its contents”; (

c) by repealing subsections (6), (6.1) and (7) and substituting the following:

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

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

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

(6.1) Any election officer appointed for the electoral division may assist with the duties under subsection (6).

(7) After completing the count of the ballots, the election officer authorized by the returning officer shall record the results on the prescribed form.

25 Explanatory Notes (iv) record in the Special Ballot Poll Book in the appropriate column the date the returning officer or election clerk received the certificate envelope, (

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

section 142, or (

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

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

(6) At the close of the polling place on polling day, the returning officer shall deliver the Special Ballot ballot box to any deputy returning officer and poll clerk in the electoral division and advise them of the names of the electors who have so voted, and the deputy returning officer and poll clerk shall proceed in accordance with

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

(6.1) Any election officer appointed for the electoral division may assist or be asked to assist the deputy returning officer and poll clerk with their duties under subsection (6).

(7) After completing the count of the ballots, the deputy returning officer shall record the results on the prescribed form.

26 45

Section 123 is amended by striking out “take the required oath” wherever it occurs and substituting “sign the required declaration”. 46

Section 134 is repealed and the following is substituted: Printed or electronic advertising 134(1) In this section, “advertisement” means an advertisement, for which there is or normally would be a charge, in any broadcast, print, electronic or other media, including telephone, fax, internet, electronic mail and text messaging, with the purpose of promoting or opposing any registered political party or the election of a registered candidate.

(2) A registered candidate, a registered constituency association and a registered political party must ensure that advertisements sponsored by the registered candidate, the registered constituency association or the registered political party comply with the following in accordance with the guidelines of the Chief Electoral Officer: (

a) the advertisement must in clude the sponsor’s name and contact information and must indicate whether the sponsor authorizes the advertisement; (

b) subject to clause (c), in th e case of an advertisement that is broadcast or is made through electronic media, the information referred to in clause (

a) must be stated at the beginning of the advertisement;

26 Explanatory Notes 45

Section 123 presently reads in part:

(2) An elector eligible to vote who is an in-patient of a treatment centre and considered by an official of the treatment centre to be well enough to vote (

a) shall take the required oath before voting, and (

b) may, if necessary, vote in accordance with

section 96.

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

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

b) may, if necessary, vote in accordance with

section 96. 46

Section 134 presently reads: 134(1) In this section, “advertisement” means an advertisement, for which there is or normally would be a charge, in any broadcast, print or electronic media, including telephone, fax, internet, e-mail and text messaging, with the purpose of promoting or opposing any registered political party or the election of a registered candidate.

(2) Every advertisement containing a reference to any election shall include the sponsor’s name and contact information and indicate that the sponsor authorizes the advertisement. (3) Subsection (2) does not apply to a printed or electronic advertisement bearing only one or more of the following: (

a) the colours and logo of a registered political party; (

b) the name of a regi stered political party; (

c) the name of a candidate.

27 (

c) in the case of an advertisement transmitted to a telephone, whether in the form of a live call or an automated pre-recorded call, (

i) the telephone number of the sponsor must be capable of being displayed on the call display of called parties who subscribe to call display, and must not be blocked from being displayed; (ii) the name of the sponsor and the sponsor’s party affiliation, if any, must be stated at the beginning of the advertisement; (iii) the advertisement must state whether the sponsor authorizes the advertisement; (iv) the telephone number of the sponsor or the sponsor’s campaign office at which the sponsor can be contacted must be stated at the end of the advertisement.

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

(4) The guidelines must be published on the Chief Electoral Officer’s website.

(5) If an advertisement is not in compliance with this section, the Chief Electoral Officer may cause it to be removed or discontinued, and in the case of an advertisement displayed on a sign, poster or other similar format neither the Chief Electoral Officer nor any person acting under the Chief Electoral Officer’s instructions is liable for trespass or damage resulting from or occasioned by the removal. 47

Section 135.1 is amended by striking out “sections 135.2 to 135.4” and substituting “sections 135.11 to 135.4”.

27 Explanatory Notes 47

Section 135.1 presently reads: 135.1 In this

section and sections 135.2 to 135.4, (a) “election period” means the period commencing with the issue of the writ and ending at the end of polling day; (b) “election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with

28 48 The following is added after

section 135.1: Conducting election surveys 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 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.

28 Explanatory Notes 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. 48 Conducting election surveys.

29 49

Section 135.5 is repealed and the following is substituted: Landlords and condominium corporations 135.5(1) No landlord or person acting on a landlord’s behalf may prohibit a tenant from displaying election advertising posters on the premises to which the tenant’s lease relates, and no condominium corporation or any of its agents may prohibit the owner or tenant of a condominium unit from displaying election advertising posters on the premises of his or her unit.

(2) For the purposes of subsection (1), “premises” includes land or a window, door, balcony or other structure of which the owner or tenant enjoys exclusive use in connection with his or her unit.

(3) Notwithstanding subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed under subsection (1) and may prohibit the display of election advertising posters in common areas, other than areas that form part of the premises of the tenant or owner. 50

Section 137 is amended (

a) by repealing subsection (2)(

a) and substituting the following: (

a) the returning officer and election clerk, and any other election officers authorized by the returning officer to assist with the counting of the ballots, (

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

(3) In conducting the official count, the returning officer, with the assistance of the election clerk and any other election officers authorized by the returning officer to assist with the counting of the ballots, shall open each ballot box and remove the deputy returning officer’s Statement of Poll and the envelopes containing the ballots.

(3.1) The returning officer shall

29 Explanatory Notes 49

Section 135.5 presently reads: 135.5(1) No landlord or person acting on a landlord’s behalf may prohibit a tenant from displaying election advertising posters on the premises to which the tenant’s lease relates, and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

(2) Notwithstanding subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found. 50

Section 137 presently reads in part:

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

a) the returning officer and election clerk, (

b) deputy returning officers in the discharge of their duties, (

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 (

d) the Chief Electoral Offi cer or a designate or both.

(3) In conducting the official count, the returning officer in the presence of the election clerk shall open each ballot box, remove the deputy returning officer’s Statement of Poll and the envelopes containing the ballots and

30 (

a) check the deputy returning officer’s Statement of Poll, (

b) make a note in the poll book of every objection to a ballot made by or on behalf of a candidate and the name of any candidate by or on whose behalf an objection was made, (

c) number each objection to a ballot in the poll book, place a corresponding number on the back of the ballot and initial the back of the ballot, (

d) decide any questions arising out of an objection regardless of whether a decision was made by the deputy returning officer in the first instance, (

e) inspect all rejected ballot s and decide on the validity of each ballot regardless of the previous rejection by the deputy returning officer, (

f) supervise election officer s in conducting the official count of the valid votes, (

g) supervise election officers in reconciling the number of spoiled and declined ballots, and (

h) complete an official count of the valid votes. (

c) in subsection (5) by striking out “On completing the official count” and substituting “On completion of the official count of the polls”. 51

Section 141(1)(

h) is repealed.

30 Explanatory Notes (

a) check the deputy returning officer’s Statement of Poll with the ballots accompanying it, (

b) make a note in the poll book of every objection to a ballot made by or on behalf of a candidate and the name of any candidate by or on whose behalf an objection was made, (

c) number each objection to a ballot in the poll book, place a corresponding number on the back of the ballot and initial the back of the ballot, (

d) decide any questions arising out of an objection regardless of whether a decision was made by the deputy returning officer in the first instance, (

e) inspect all rejected ballots and decide on the validity of each ballot regardless of the previous rejection by the deputy returning officer, and (

f) complete an official count of the votes.

(4) The decision of the returning officer under subsection (3)(

d) or (

e) is final, subject only to a judicial recount under this Part.

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

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

b) unless clause (

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

section 138, and (

c) if no candidate can be declar ed elected because there is an equality of votes for 2 or more candidates, that the results of the election will be subject to a judicial recount under this Part. 51

Section 141(1)(

h) presently reads: 141(1) After the official count of the votes has been completed and the Statement of Official Results has been completed, the returning officer shall prepare the following for return to the Chief Electoral Officer in accordance with the Chief Electoral Officer’s directions:

31 52

Section 152 is amended (

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

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

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

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

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

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

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

(3.3) On being notified under subsection (3.2), the Chief Electoral Officer shall direct the candidate, the candidate’s official agent or the political party to take any action the Chief Electoral Officer considers appropriate. 53 The heading preceding

section 154 is repealed and the following is substituted:

Part 5 Administrative Penalties and Offences

31 Explanatory Notes (

h) the forfeited candidate deposits; 52

Section 152 presently reads in part:

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

(3) Information contained in documents referred to in subsections (1) and (2) may be used only for electoral purposes. 53 The heading preceding

section 154 presently reads:

Part 5 Offences

32 54 The following is added before

section 154: Administrative penalties 153.1(1) If the Chief Electoral Officer is of the opinion that a person has contravened a provision of this Act, the Chief Electoral Officer may serve on the person either a notice of administrative penalty requiring the person to pay to the Crown the amount set out in the notice, or a letter of reprimand.

(2) A notice of administrative penalty must contain the following information: (

a) the name of the person required to pay the administrative penalty; (

b) the particulars of the contravention; (

c) the amount of the administrative penalty and the date by which it must be paid; (

d) a statement of the right to appeal the imposition or the amount of the administrative penalty to the Court of Queen’s Bench.

(3) In determining the amount of an administrative penalty required to be paid or whether a letter of reprimand is to be issued, the Chief Electoral Officer must take into account the following factors: (

a) the severity of the contravention; (

b) the degree of wilfulness or negligence in the contravention; (

c) whether or not there were any mitigating factors relating to the contravention; (

d) whether or not steps have been taken to prevent reoccurrence of the contravention; (

e) whether or not the person has a history of non-compliance; (

f) whether or not the person reported the contravention on discovery of the contravention;

32 Explanatory Notes 54 Administrative penalties.

33 (

g) any other factors that, in the opinion of the Chief Electoral Officer, are relevant.

(4) The amount of an administrative penalty that may be imposed under subsection (1) must not exceed the maximum fine that could be imposed for the corresponding offence under sections 154 to 161.

(5) A person who pays an administrative penalty in respect of a contravention shall not be charged under this Act with an offence in respect of the same contravention that is described in the notice of administrative penalty.

(6) A person who has been served with a notice of administrative penalty shall pay the amount of the administrative penalty within 30 days from the date of service of the notice.

(7) Subject to the right to appeal, where a person fails to pay the administrative penalty in accordance with a notice of administrative penalty, the Chief Electoral Officer may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 55

Section 163(

a) is amended by striking out “section 13(1), (7) or (8)” and substituting “section 13(1) or 13.2(1) or (2)”. 56

Section 188(1) is amended by adding “and the Chief Electoral Officer” after “the respondent”.

33 Explanatory Notes 55 Corrects a cross-reference error. 56

Section 188(1) presently reads: 188(1) A copy of the petition shall, within 20 days after being filed, be served on the respondent, and service of the copy of the petition may be effected (

a) in the way that service of a statement of claim in an ordinary civil action in the Court is effected, or (

b) in the manner provided by

section 68.

Part 2 Election Finances and Contributions Disclosure Act Amends RSA 2000 cE-2 57 The Election Finances and Contributions Disclosure Act is amended by this Part. 58

Section 1 is amended (

a) in subsection (1) (

i) by repealing clause (

b) and substituting the following: (b) “campaign period” means (

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

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

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

v) in the case of a lead ership contest, the period beginning on the date of the official call of the leadership contest, as set out in a statement filed by a registered party under

section 9.2, and

34 Explanatory Notes

Part 2 Election Finances and Contributions Disclosure Act 57 Amends

chapter E-2 of the Revised Statutes of Alberta 2000. 58

Section 1 presently reads in part: 1(1) In this Act, (b) “campaign period” means the period commencing with the issue of a writ for an election and terminating 2 months after polling day; (e) “contribution” means any m oney, real property or goods or the use of real property or goods that is provided (

i) to a political party, consti tuency association or candidate, or (ii) for the benefit of a political party, constituency association or candidate with its or the candidate’s consent, without compensation from that political party, constituency association or candidate; (l) “prohibited corporation” means (

i) a Provincial corporation as defined in the Financial Administration Act, and includes a management body within the meaning of the Alberta Housing Act and a regional health authority and a subsidiary health corporation under the Regional Health Authorities Act, (ii) a municipality, (iii) a Metis settlement, (iv) a school board under the School Act, (

v) a public post-secondary institution under the Post-secondary Learning Act,

35 ending 2 months after the date of the leadership vote; (ii) by repealing clause (

e) and substituting the following: (e) “contribution” means any money, real property or goods or the use of real property or goods that is provided (

i) to a political party, constituency association, candidate or leadership contestant, or (ii) for the benefit of a political party, constituency association, candidate or leadership contestant with the consent of the political party, the constituency association, the candidate or the leadership contestant, without compensation from that political party, constituency association, candidate or leadership contestant; (iii) by adding the following after clause (i): (i.1) “leadership contest” means the procedure by which a registered party selects a leader; (i.2) “leadership contestant ” means a person who seeks the leadership of a registered party at a leadership contest called by that party for that purpose; (i.3) “leadership vote” means the vote at which the leader of a registered party is selected; (iv) in clause (l) (

A) by repealing subclause (vi); (

B) by repealing subclause (vi.1) and substituting the following: (vi.1) a corporation asso ciated with a corporation referred to in subclauses (

i) to (

v) as determined under subsections (2.1) to (2.3),

35 Explanatory Notes (vi) any corporation that does not carry on business in Alberta, (vi.1) a corporation associated with a corporation referred to in subclauses (

i) to (vi) as determined under

section 256 of the Income Tax Act (Canada), or (vii) any corporation designated by the Lieutenant Governor in Council as a prohibited corporation;

(3) Corporations that are associated with one another as determined under

section 256 of the Income Tax Act (Canada) are considered a single corporation for the purposes of this Act.

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

36 (vi.2) a corporation that do es not carry on business in Alberta, (vi.3) a registered charity, (vi.4) a publicly funded corporation as determined by the regulations, or (

C) in subclause (vii) by adding “, or corporation within a class of corporation,” after “any corporation”; (

v) by adding the following after clause (l): (l.1) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing; (vi) by adding the following after clause (m): (m.1) “registered charity” mean s a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada); (vii) by adding the following after clause (n): (n.1) “registered leadership contestant” means a leadership contestant registered under

section 9.2; (

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

(2.1) For the purposes of this Act, (

a) a corporation is associated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person, and (

b) if 2 corporations are associated with the same corporation at the same time, they are deemed to be associated with each other.

(2.2) For the purposes of this Act, a corporation is controlled by a person if

36 Explanatory Notes

37 (

a) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, other than by way of security only, by or for the benefit of that person, and (

b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.

(2.3) For the purposes of this Act, a corporation is a subsidiary of another corporation if (

a) it is controlled by (

i) that other corporation, (ii) that other corporation and one or more corporations, each of which is controlled by that other corporation, or (iii) 2 or more corporations, each of which is controlled by that other corporation, or (

b) it is a subsidiary of a corporation that is that other corporation’s subsidiary. (

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

(3) Corporations that are associated with one another as determined under subsections (2.1) to (2.3) are considered a single corporation for the purposes of this Act. (

d) by repealing subsection (3.1). 59

Section 2 is amended by striking out “in relation to the leadership of a registered party or”.

37 Explanatory Notes 59

Section 2 presently reads: 2 This Act does not apply to campaigns and conventions carried on or held in relation to the leadership of a registered party or in relation to constituency association nominations for endorsation of official party candidates.

38 60

Section 3 is repealed and the following is substituted: Prohibited corporations 3 The Lieutenant Governor in Council may, by regulation, (

a) designate a corporation to be a prohibited corporation; (

b) designate a class of corp oration, a corporation within which class is a prohibited corporation; (

c) determine what constitutes a corporation to be a publicly funded corporation for the purpose of

section 1(1)(l)(vi.4). 61

Section 4 is amended (

a) in subsection (1) (

i) in clause (

b) by striking out “and” at the end of subclause (ii) and by adding the following after subclause (ii): (ii.1) registered leadership contestants in relation to leadership contests, and (ii) by adding the following after clause (b): (b.1) may, on the Chief Electoral Officer’s own initiative or at the request of another person or organization, conduct an investigation into any matter that might constitute an offence under this Act; (iii) by repealing clause (

d) and substituting the following: (

d) with respect to a registered party, constituency association and registered candidate, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which (

i) a return is required to be filed with the Chief Electoral Officer under

section 32(3) or (4), and

38 Explanatory Notes 60

Section 3 presently reads: 3 The Lieutenant Governor in Council may designate corporations to be prohibited corporations for the purposes of this Act. 61

Section 4 presently reads: 4(1) The Chief Electoral Officer, in addition to the Chief Electoral Officer’s other powers and duties under this Act, the Election Act and the Senatorial Selection Act, (

a) may examine all financial statements required to be filed with the Chief Electoral Officer; (

b) may inquire into or conduc t periodic investigations of the financial affairs and records of (

i) registered parties and registered constituency associations, (ii) registered candidates in relation to election campaigns, and (iii) registered third parties in relation to election advertising under

Part 6.1; (

c) shall provide or approve form s for the purposes of this Act; (

d) with respect to a candidate , shall publish a statement on the website of the Chief Electoral Officer within 30 days after the date on which the financial statement is required to be filed with the Chief Electoral Officer under

section 43(2), which must include the name of any contributor who has contributed to the candidate an amount exceeding $375 in the aggregate, and the actual amount contributed;

39 (ii) the financial statement is required to be filed with the Chief Electoral Officer under

section 42 or 43; (d.1) with respect to a regi stered leadership contestant, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which the financial statement and return are required to be filed with the Chief Electoral Officer under

section 44.96; (d.2) shall include in the statements published by the Chief Electoral Officer under clauses (

d) and (d.1) the name of any contributor who has contributed an amount exceeding $250 in the aggregate and the actual amount contributed; (iv) in clause (e) (

A) by striking out “website of the Chief Electoral Officer” and substituting “Chief Electoral Officer’s website”; (

B) by striking out “$375” and substituting “$250”; (

b) in subsection (2) by adding “, including any recommendations for amendments to this Act,” after “this Act”. 62

Section 5 is repealed and the following is substituted: Powers of Chief Electoral Officer 5(1) For the purpose of carrying out an examination or inquiry, or conducting an investigation, referred to in

section 4(1), the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the examination, inquiry or investigation were an inquiry under that Act.

(2) For the purpose of carrying out an examination or inquiry, or conducting an investigation, referred to in

section 4(1), a representative of the Chief Electoral Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a

39 Explanatory Notes (

e) with respect to a third party, shall publish a statement on the website of the Chief Electoral Officer within 30 days after the date on which the election advertising report is required to be filed with the Chief Electoral Officer under

section 44.9, which must include the name of any contributor who has contributed to the third party an amount exceeding $375 in the aggregate, and the actual amount contributed.

(2) The Chief Electoral Officer shall after the end of each year prepare a report on the exercise of the Chief Electoral Officer’s functions under this Act and shall transmit the report to the Standing Committee on Legislative Offices, which shall on its receipt lay the report before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting of the Assembly. 62

Section 5 presently reads: 5(1) For the purpose of carrying out an inquiry or conducting an examination under this Act, the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the inquiry or examination were an inquiry under that Act.

(2) For the purpose of carrying out an inquiry or conducting an examination under this Act, a representative of the Chief Electoral Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association, candidate or third party relevant to the subject-matter of the inquiry or examination are kept and may examine and make copies of the

40 political party, constituency association, candidate, leadership contestant or third party relevant to the subject-matter of the examination, inquiry or investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

(3) A registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party shall, within 30 days after receiving a written request from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine, provide any information with respect to the financial affairs of the registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act.

Notice of investigation and conclusion 5.1(1) At any time before completing an investigation referred to in

section 4(1)(b.1), the Chief Electoral Officer shall notify any person or organization who is the subject of the investigation that the person or organization is being investigated and inform the person or organization of the nature of the matter being investigated, unless the Chief Electoral Officer believes that doing so would compromise or impede the investigation.

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

a) the matter is frivolous or vexatious, or (

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

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

40 Explanatory Notes books or documents or remove them temporarily for the purpose of making copies.

(3) A registered party, registered constituency association, registered candidate or registered third party shall, within 30 days after receiving a written request from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine, provide any information with respect to the financial affairs of the registered party, registered constituency association, registered candidate or registered third party that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act.

(4) Except as provided in subsection (5), the Chief Electoral Officer or any former Chief Electoral Officer and every person who is or was employed or engaged by the Office of the Chief Electoral Officer shall maintain the confidentiality of all information and allegations that come to their knowledge in the course of an inquiry or investigation under this section.

(5) Information and allegations to which subsection (4) applies may be (

a) disclosed to the person w hose conduct is the subject of proceedings under this Act; (

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

c) adduced in evidence at an inquiry under this section; (

d) disclosed in a report made by the Chief Electoral Officer under

section 44(1); (

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

an Act or regulation of Canada.

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

a) shall provide notice of that decision to (

i) every person or organization who (

A) is the subject of the investigation, or (

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

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

section 4(1)(b.1). Disclosure 5.2(1) Except as provided in subsections (2) and (3), the Chief Electoral Officer, any former Chief Electoral Officer and every person who is or was employed or engaged by the Office of the Chief Electoral Officer shall maintain the confidentiality of all information and allegations that come to their knowledge in the course of an examination, inquiry or investigation.

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

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

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

41 Explanatory Notes

42 (

c) disclosed in a report made by the Chief Electoral Officer under

section 44(1), (

d) adduced in evidence at an inquiry, and (

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

an Act or regulation of Canada.

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

a) subject to

section 51.02(2) , if a penalty is imposed or a letter of reprimand is issued under

section 51 or 51.01; (

b) if the Chief Electoral Of ficer has provided notice under

section 5.1(4) and receives a written request for disclosure from a person or organization who received the notice. 63(1)

Section 6 is amended (

a) in subsection (2)(

d) by striking out “at any time,” and substituting “subject to subsection (2.1), at any time”; (

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

(2.1) The Chief Electoral Officer may refuse to register a political party that proposes to be qualified under subsection (2)(

d) if the information provided under that clause is submitted to the Chief Electoral Officer less than 60 days before the issuance of a writ of election. (

c) in subsection (4) by adding “, not exceeding $5000,” after “shall consist of funds”.

(2) This

section applies to political parties established after this

section comes into force.

42 Explanatory Notes 63

Section 6 presently reads: 6(1) No political party and no person acting for a political party may accept contributions for the political party or for any constituency association of that party unless the political party is registered under this Act.

(2) Any political party that (

a) held a minimum of 3 seat s in the Legislative Assembly following the most recent election, (

b) endorsed candidates nominat ed in at least 50% of the electoral divisions in the most recent general election, (

c) endorses candidates in at leas t 50% of the electoral divisions following the issue of a writ of election for a general election, or

43 64

Section 7 is amended (

a) in subsection (1)(

b) by striking out “name or the abbreviation” and substituting “name and the abbreviation”; (

b) by repealing subsection (2.1).

43 Explanatory Notes (

d) at any time, other than dur ing a campaign period, provides the Chief Electoral Officer with the names, addresses and signatures of persons who (

i) represent 0.3% of the numbe r of electors eligible to vote at the last general election, (ii) are currently eligible to vote in an election, and (iii) request the registration of that political party, is, subject to subsection (3), qualified for registration in the register of political parties.

(3) A political party shall not be registered under this Act unless the Chief Electoral Officer is satisfied that prior to filing an application for registration the party has established a non-profit corporation or trust as a foundation for the purposes of receiving and managing the assets, except the premises, equipment, supplies and other such property required for the administration of the affairs of the party, held by the political party immediately prior to filing the application.

(4) The assets of a foundation established under subsection (3) shall consist of funds either on deposit with a financial institution or invested in accordance with the Trustee Act.

(5) No funds or other property may be received by or transferred to a foundation after the filing of an application for registration of the political party that established the foundation except for interest on the funds on deposit or the income from investments referred to in subsection (4).

(6) Each foundation shall file with the Chief Electoral Officer on or before April 1 in each year a report of the expenditures of that foundation during the previous year. 64

Section 7 presently reads in part: 7(1) The Chief Electoral Officer shall maintain a register of political parties and, subject to this section, shall register in it any political party that is qualified to be registered and that files with the Chief Electoral Officer an application for registration setting out (

a) the full name of the political party;

44 65

Section 8(1) is repealed and the following is substituted: Registration of constituency associations 8(1) No constituency association and no person acting for a constituency association shall accept contributions for the constituency association or for its registered party, if applicable, unless the constituency association is registered under this Act. 66

Section 9 is amended (

a) by repealing subsection (1) and substituting the following: Registration of candidates 9(1) Subject to subsection (1.1), no candidate and no person acting on behalf of a candidate shall (

a) accept contributions pursuant to

section 17 or 18, as the case may be, or (

b) use any funds, including the funds of the candidate, unless the candidate is registered under this Act.

(1.1) No registered candidate and no person acting for a registered candidate shall accept contributions or use any funds except during the campaign period. (

b) in subsection (2) (

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

c) by striking out “address” and substituting “contact information”;

44 Explanatory Notes (

b) the political party name or th e abbreviation of it to be shown in election documents;

(2.1) The Chief Electoral Officer may refuse to register a political party that proposes to be qualified under

section 6(2)(

d) if the information provided under that clause is submitted to the Chief Electoral Officer less than 60 days before the start of a campaign period. 65

Section 8(1) presently reads: 8(1) No constituency association of a registered party and no person acting for the constituency association shall accept contributions for the constituency association or for the registered party unless the constituency association is registered under this Act. 66

Section 9 presently reads in part: 9(1) No candidate at an election and no person acting on behalf of a candidate may (

a) accept contributions pursuant to

section 17 or 18, as the case may be, or (

b) use any funds, including the funds of the candidate, unless the candidate is registered under this Act.

(2) The Chief Electoral Officer shall maintain a register of candidates in relation to each election and, subject to this section, shall register in it any candidate who is qualified to be registered and who files with the Chief Electoral Officer an application for registration setting out (

a) that, in the case of a candidate under the Election Act, the candidate (

i) is a member of the Legislative Assembly, (

c) the full name and address of the candidate;

(4) When there is any change in the information required to be provided by subsection (2), the registered candidate shall notify the

45 (

c) in subsection (4) by striking out “30 days” and substituting “48 hours”. 67

Section 9.1 is amended (

a) in subsection (2)(

a) by striking out “full name, address and telephone number” and substituting “name and contact information”; (

b) in subsection (5)(

e) by striking out “within the meaning of subsection 248(1) of the Income Tax Act (Canada)”. 68 The following is added after

section 9.1: Registration of leadership contestants 9.2(1) The chief financial officer of a registered party that proposes to hold a leadership contest shall promptly file with the Chief Electoral Officer a statement setting out the date of the official call of the leadership contest and the date fixed for the leadership vote or votes and shall submit to the Chief Electoral Officer an application for each leadership contestant setting out

45 Explanatory Notes Chief Electoral Officer in writing within 30 days after the alteration and, subject to

section 10, on receipt of the notice the Chief Electoral Officer shall vary the register of candidates accordingly.

(5) Notice under subsection (4) may be sent by fax or electronic mail. 67

Section 9.1 presently reads in part:

(2) The Chief Electoral Officer shall maintain a register of third parties and, subject to this section, shall register in it any third party who is eligible to be registered and who files with the Chief Electoral Officer an application for registration setting out the following: (

a) the full name, address and telephone number (

i) if the third party is a person, of the person, (ii) if the third party is a co rporation, of the corporation and of the officer who has signing authority for it, and (iii) if the third party is a group, of the group and of the principal officers of the group or, if there are no principal officers, the principal members;

(5) The following are not eligible to be registered under this section: (

e) a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada); 68 Registration of leadership contestants.

46 (

a) the full name and contact information of the leadership contestant, (

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

c) the name of the chief fina ncial officer of the leadership contestant, (

d) the names and addresses of the financial institutions to be used by or on behalf of the leadership contestant as depositories for contributions made to that leadership contestant, (

e) the names of the signing authorities for each depository referred to in clause (d), and (

f) the date the person became a leadership contestant.

(2) No leadership contestant and no person acting on behalf of a leadership contestant may, during the campaign period, (

a) accept contributions, or (

b) use any funds, including the funds of the leadership contestant, unless the leadership contestant is registered under this Act.

(3) The Chief Electoral Officer shall maintain a register of leadership contestants in relation to the leadership contest and, subject to this section, shall register in it any leadership contestant whose name has been submitted under subsection (1).

(4) When there is any change in the information required to be provided under subsection (1), the registered leadership contestant shall notify the Chief Electoral Officer in writing within 48 hours after the change and, subject to

section 10, on receipt of the notice the Chief Electoral Officer shall vary the register of leadership contestants accordingly.

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

46 Explanatory Notes

47 69

Section 10 is amended (

a) by repealing subsection (1)(

b) and substituting the following: (

b) a registered constituency association on application by the registered party concerned or by the independent member, as the case may be, or (

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

(2.1) If a registered leadership contestant withdraws from the leadership contest, that person shall so notify the Chief Electoral Officer in writing and the Chief Electoral Officer shall cancel the registration of that person. (

c) in subsection (5) by adding “, registered leadership contestant” after “registered candidate” wherever it occurs; (

d) by repealing subsection (6) and substituting the following:

(6) If the Chief Electoral Officer cancels the registration of a political party, constituency association, candidate, leadership contestant or third party, the Chief Electoral Officer shall send written notice of the cancellation, together with the Chief Electoral Officer’s reasons for the cancellation, by recorded mail to (

a) the political party, when the registration of that political party is cancelled, (

b) the constituency association and the political party concerned or the independent member, as the case may be, when the registration of that constituency association is cancelled, (

c) the candidate and the political party concerned, if any, when the registration of that candidate is cancelled, (

d) the third party, when the registration of that third party is cancelled, or

47 Explanatory Notes 69

Section 10 presently reads in part: 10(1) The Chief Electoral Officer may cancel the registration of (

b) a registered constituency association on application by the constituency association and the registered party concerned, or

(5) If the Chief Electoral Officer is for any reason of the opinion that a registered party, registered constituency association, registered candidate or registered third party (

a) is no longer qualified to be registered, or (

b) obtained registration on the basis of an application that was false in any material particular, the Chief Electoral Officer may cancel the registration of the registered party, registered constituency association, registered candidate or registered third party.

(6) If the Chief Electoral Officer cancels the registration of a political party, constituency association, candidate or third party, the Chief Electoral Officer shall send written notice of the cancellation, together with the Chief Electoral Officer’s reasons for the cancellation, by registered mail to (

a) the political party, when the registration of that political party is cancelled, (

b) the constituency association and the political party concerned, when the registration of that constituency association is cancelled, (

c) the candidate, when the regi stration of that candidate is cancelled, or (

d) the third party, when the regi stration of that third party is cancelled, and the cancellation is effective on and after the 3rd day following the date of mailing the notice.

(7) A political party, constituency association, candidate or third party notified under subsection (6) may, within 30 days after the mailing of the notice, request the Chief Electoral Officer in writing to review the cancellation.

48 (

e) the leadership contestant and the political party concerned when the registration of that leadership contestant is cancelled, and the cancellation is effective on and after the 3rd day following the date of mailing the notice. (

e) in subsection (7) by adding “, leadership contestant” after “candidate”; (

f) in subsection (8) by adding “, leadership contestant” after “candidate”; (

g) in subsection (9) (

i) by adding “, leadership contestant” after “constituency association, candidate”; (ii) by striking out “or” at the end of clause (

c) and by adding the following after clause (c): (c.1) if the cancellation invo lves a leadership contestant, give written notification of the Chief Electoral Officer’s decision to the leadership contestant, or (

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

(11.1) For the purpose of subsection (11), a political party may file the statement on behalf of its constituency association. 70

Section 10.1 is amended (

a) by striking out “and registered third party” and substituting “, registered leadership contestant and registered third party”; (

b) by striking out “or registered third party” and substituting “, registered leadership contestant or registered third party”.

48 Explanatory Notes

(8) When the Chief Electoral Officer receives a written request under subsection (7), the Chief Electoral Officer shall, within 48 hours after that receipt, review the cancellation and give the political party, constituency association, candidate or third party concerned an opportunity to make representations.

(9) Following the review of a cancellation, the Chief Electoral Officer may withdraw or confirm the cancellation of the registration of the political party, constituency association, candidate or third party, as the case may be, and shall, (

a) if the cancellation involves a political party, give written notification of the Chief Electoral Officer’s decision to the political party, (

b) if the cancellation involves a constituency association, give written notification of the Chief Electoral Officer’s decision to the constituency association and the political party concerned, (

c) if the cancellation involves a candidate, give written notification of the Chief Electoral Officer’s decision to the candidate, or (

d) if the cancellation involves a third party, give written notification of the Chief Electoral Officer’s decision to the third party.

(11) When the registration of a political party or constituency association is cancelled for failure to comply with

section 42 or 43, it may not again apply for registration until the financial statements required by

section 42 or 43 that were not filed have been filed with the Chief Electoral Officer. 70

Section 10.1 presently reads: 10.1 A registered party, registered constituency association, registered candidate and registered third party shall retain all of the records of that registered party, registered constituency association, registered candidate or registered third party for a period of 3 years following the date on which the financial statements required under this Act for the period to which the records relate are required to be filed.

49 71

Section 11 is repealed and the following is substituted: Access to documents 11(1) All documents required to be filed with the Chief Electoral Officer under this Act are public records and may on request during normal office hours be inspected at the offices of the Chief Electoral Officer.

(2) Notwithstanding subsection (1), the home address of a registered candidate included in the register under

section 9 or of a registered leadership contestant included in the register under

section 9.2 is not public information.

(3) Copies of any document referred to in subsection (1) may be obtained on payment for the preparation of the copies at the rates that the Chief Electoral Officer determines. 72 The following is added before

section 16: Responsibility of contributors 15.1 A prospective contributor is responsible for ensuring, before making a contribution under this Act, that the contributor is not prohibited from making a contribution and is not making a contribution that is in excess of a limit prescribed by

section 17(1) or 18(1). 73

Section 17(5) is repealed and the following is substituted:

(5) Any money paid during a campaign period by a candidate out of the candidate’s personal funds for the purposes of the candidate’s campaign for which the candidate is not reimbursed from the candidate’s campaign account (

a) is a contribution for the purposes of this Act, and (

b) shall be paid into a depository of the candidate on record with the Chief Electoral Officer.

49 Explanatory Notes 71

Section 11(1) presently reads: 11(1) All documents filed with the Chief Electoral Officer are public records and may on request during normal office hours be inspected at the offices of the Chief Electoral Officer. 72 Responsibility of contributors. 73

Section 17 presently reads in part:

(5) Any money paid during a campaign period by a candidate out of the candidate’s own funds for the purposes of the candidate’s campaign, including the payment of the candidate’s deposit under

section 61(1)(

e) of the Election Act, (

a) is a contribution for the purposes of this Act, and (

b) shall be paid into a depository of the candidate on record with the Chief Electoral Officer.

50 74

Section 18(6) is repealed and the following is substituted:

(6) Any money paid during a campaign period by a candidate out of the candidate’s personal funds for the purposes of the candidate’s campaign for which the candidate is not reimbursed from the candidate’s campaign account (

a) is a contribution for the purposes of this Act, and (

b) shall be paid into a depository of the candidate on record with the Chief Electoral Officer. 75

Section 19(1) is repealed and the following is substituted: Excessive contributions 19(1) No registered party, registered constituency association or registered candidate and no person acting on behalf of a registered party, registered constituency association or registered candidate shall accept a contribution if the registered party, registered constituency association, registered candidate or person knows or ought to know that the amount would exceed the limits imposed by

section 17. 76

Section 20(1) is repealed and the following is substituted: Excessive contributions re Senatorial Selection Act 20(1) No registered party or registered candidate and no person acting on behalf of a registered party or registered candidate shall accept a contribution if the registered party, registered candidate or person knows or ought to know that the amount would exceed the limits imposed by

section 18. 77

Section 23(3) is repealed and the following is substituted:

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

a) or under clause (b), at the option of the registered party, registered constituency association or registered candidate: (

a) if the individual charge

50 Explanatory Notes 74

Section 18(6) presently reads:

(6) Any money paid during a campaign period by a candidate out of the candidate’s own funds for the purposes of the candidate’s campaign (

a) is a contribution for the purposes of this Act, and (

b) shall be paid into a depository of the candidate on record with the Chief Electoral Officer. 75

Section 19(1) presently reads: 19(1) No registered party, registered constituency association or registered candidate and no person on its or the candidate’s behalf shall knowingly accept any contributions in excess of the limits imposed by

section 17. 76

Section 20(1) presently reads: 20(1) No registered party or registered candidate and no person on its or the candidate’s behalf shall knowingly accept any contributions in excess of the limits imposed by

section 18. 77

Section 23(3) presently reads:

(3) If an individual charge by the sale of tickets or otherwise is made for a fund-raising function held by or on behalf of a registered party, registered constituency association or registered candidate, then, for the purposes of this Act, (

a) if the individual charge is $50 or less, it shall not be considered as a contribution unless the person who pays the charge specifically requests that it be so considered, in which

51 (

i) is $50 or less, it is not considered to be a contribution unless the person 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 market value of what the ticket entitles the bearer to obtain. 78

Section 30 is renumbered as

section 30(1) and the following is added after subsection (1):

(2) The chief financial officer of a registered party, registered constituency association or registered candidate shall make every reasonable effort to advise prospective contributors of the provisions of this Act relating to contributions.

51 Exp