Recall Regulation (Alta. Reg. 55/2022)

Alta. Reg. 55/2022

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 55/2022 With amendments up to and including Alberta Regulation 144/2026 Current as of June 25, 2026 RECALL ACT RECALL REGULATION

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

(Consolidated up to 144/2026) ALBERTA REGULATION 55/2022 Recall Act RECALL REGULATION Table of Contents 1

Interpretation Recall Petition and Canvassing 2 Application fee 3 Canvassers’ Code of Conduct 4 Registration and duties of canvassers Recall Petition Finances and Contributions 5 Contributions — recall petition 6 Deposit of contributions — recall petition 7 Records of contributions — recall petition 8 Recall petition expenses 9 Modification of EFCDA re prescribed reports — recall petition 10 Expense limit — recall petition Recall Vote 11 Modification re ballot 12 Contributions — recall vote 13 Deposit of contributions — recall vote 14 Records of contributions — recall vote 15 Recall vote expenses 16 Modification of EFCDA re prescribed reports — recall vote 17 Expense limit — recall vote Finances and Contributions — Petition and Vote 18 Valuing contributions other than money 19 Fund-raising functions 20 Contributions less than $50 21 Loans 22 Anonymous and unauthorized contributions 23 Contributions not belonging to contributor 24 Contribution receipts 25 Disposition of surplus funds — authorized participant

Section 1 AR 55/2022 RECALL REGULATION 2 26 Late filing fee Third Party Recall Advertising 27 Prohibited entities and activities 28 Recall advertising expense limit Finances and Contributions — General 29 Duties of chief financial officer 30 Records 31 Responsibility of contributors Offences and Penalties 32 Damage or destruction 33 Canvassing contraventions 34 Excessive or prohibited contributions 35 Contravention re reports 36 Contravention of compliance agreement 37 Maximum penalties Administrative Penalties 38 Modification re EFCDA

section 51.01(5) Compliance Agreements 39 Modification re EFCDA

section 51.06 Other Matters 40 Modification re inflation adjustment/indexing 41 Coming into force

Schedule

Interpretation 1(1) In this Regulation, (a) “Act” means the Recall Act; (b) “administrative penalty” means an administrative penalty referred to in

section 64 of the Act and administered in accordance with sections 51.01 to 51.03 of the Election Finances and Contributions Disclosure Act and this Regulation; (c) “compliance agreement” means a compliance agreement referred to in

section 50(3) of the Act and administered in

Section 2 AR 55/2022 RECALL REGULATION 3 accordance with sections 51.04 to 51.07 of the Election Finances and Contributions Disclosure Act and this Regulation; (d) “recall vote period” means the period beginning on the date when the Lieutenant Governor in Council issues an order authorizing a writ with respect to a recall vote and ending at the end of the election day established for the purposes of the recall vote; (e) “signature sheet” means a signature sheet referred to in

section 10 of the Act, and which must be in the form determined by the Chief Electoral Officer in accordance with

section 6(2) and (3) of the Act.

(2) For the purposes of

section 1(1)(t)(iii) of the Act, “third party”, in respect of a recall petition or a recall vote, does not include (

a) an individual who is not ordinarily resident in the electoral division of the member who is the subject of the recall petition or the recall vote, (

b) a corporation that does not carry on business in the electoral division of the member who is the subject of the recall petition or the recall vote, and (

c) a group where any member of the group is ineligible under clause (

a) or (b). Recall Petition and Canvassing Application fee 2(1) The application fee payable for the issuance of a recall petition under

section 2(3)(

c) of the Act is $500.

(2) The application fee is not an expense for the purposes of the Act.

(3) If the Chief Electoral Officer has received the prescribed reports referred to in

section 9 with respect to a recall petition and is satisfied that the reports provided are complete, the Chief Electoral Officer may refund the application fee. Canvassers’ Code of Conduct 3(1) The Chief Electoral Officer shall establish a Code of Conduct guideline for canvassers.

(2) Every canvasser shall

Section 4 AR 55/2022 RECALL REGULATION 4 (

a) read the Code of Conduct guideline, and (

b) provide the applicant with a signed acknowledgement that the canvasser has read and will comply with the Code of Conduct guideline.

(3) The Chief Electoral Officer shall publish the Code of Conduct guideline established under subsection (1) on the Chief Electoral Officer’s website. Registration and duties of canvassers 4(1) The applicant shall, in accordance with the guidelines established by the Chief Electoral Officer, apply to the Chief Electoral Officer (

a) for the registration of every individual that the applicant wishes to be registered as a canvasser on behalf of the applicant in respect of the applicant’s recall petition, and (

b) for greater certainty, if the applicant wishes to canvass, for the registration of the applicant as a canvasser in respect of the applicant’s recall petition.

(2) The Chief Electoral Officer shall register a canvasser who is eligible to be registered and in respect of whom the Chief Electoral Officer has received the applicant’s application for registration setting out the following: (

a) the name of the applicant; (

b) identification of the recall petition in relation to which the applicant wishes the canvasser to be registered; (

c) the name of the canvasser to be registered; (

d) the contact information of the canvasser to be registered, including the residential address and postal code of the canvasser’s ordinary residence, the canvasser’s mailing address, if different, and the canvasser’s telephone number; (

e) the canvasser’s email address, if any; (

f) a copy of a declaration, signed by the canvasser to be registered, which affirms that the canvasser to be registered meets the eligibility requirements under

section 5(1) of the Act and under this Regulation; (

g) a copy of the signed acknowledgement referred to in

section 3(2)(b);

Section 4 AR 55/2022 RECALL REGULATION 5 (

h) the applicant’s signature; (

i) any other information required by the Chief Electoral Officer.

(3) The Chief Electoral Officer shall provide to each registered canvasser identification documents stating the following: (

a) in relation to a recall petition issued under

section 3(2)(

b) of the Act, (

i) that the canvasser is an official canvasser in respect of the recall petition, and (ii) the dates of the canvassing period; (

b) in relation to a canvassing period extended by an order under

section 47 of the Act, (

i) that the canvasser is an official canvasser in respect of the recall petition, and (ii) the extended dates referred to in the order.

(4) A canvasser shall, in accordance with the guidelines established by the Chief Electoral Officer, (

a) produce the identification documents provided by the Chief Electoral Officer under subsection (3) on request while canvassing, and (

b) return the identification documents to the applicant on or before the last day of the canvassing period.

(5) The applicant shall, in accordance with the guidelines established by the Chief Electoral Officer, return the identification documents to the Chief Electoral Officer when the signature sheets in respect of the recall petition are submitted to the Chief Electoral Officer in accordance with

section 10 or 47 of the Act, as applicable.

(6) Only an individual registered in accordance with this

section may canvass in respect of a recall petition.

(7) A registered canvasser shall canvass in accordance with the guidelines established by the Chief Electoral Officer and the Code of Conduct referred to in

section 3(1).

(8) The Chief Electoral Officer may issue guidelines relating to individuals who canvass for signatures, including the proof of their eligibility, proof of registration, duties in respect of canvassing,

Section 5 AR 55/2022 RECALL REGULATION 6 signature sheets and contributions and any information they must provide.

(9) The Chief Electoral Officer shall publish any guidelines issued under subsection (8) on the Chief Electoral Officer’s website. Recall Petition Finances and Contributions Contributions — recall petition 5(1) The total amount of all contributions referred to in

section 11(3) of the Act is $4000.

(2) Section 24 of the Alberta Personal Income Tax Act does not apply to a contribution under

Part 1 of the Act.

(3) For the purposes of

section 11(2) of the Act, only an individual who is ordinarily resident in the electoral division of the member who is the subject of a recall petition may make contributions to an authorized participant in respect of the recall petition.

(4) No contributions shall be made to an authorized participant in respect of a recall petition, except during the canvassing period.

(5) Any money paid out of an authorized participant’s own funds for the purposes of the recall petition (

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

b) must be paid into the account on record with the Chief Electoral Officer.

(6) If the recall petition expenses paid from the authorized participant’s own funds exceed the total amount of all contributions by an individual as prescribed in subsection (1), the excess amount must be reimbursed to the authorized participant. Deposit of contributions — recall petition 6(1) All financial contributions accepted by or on behalf of an authorized participant in respect of a recall petition shall be paid into an appropriate account on record with the Chief Electoral Officer.

(2) When any contribution of other than money, accepted by or on behalf of an authorized participant in respect of a recall petition is converted at any time into money, that amount shall be paid into an appropriate account on record with the Chief Electoral Officer.

Section 7 AR 55/2022 RECALL REGULATION 7 Records of contributions — recall petition 7(1) When the chief financial officer of an authorized participant accepts contributions in respect of a recall petition, the chief financial officer shall record all the contributions, including the names and addresses of the contributors and the dates on which the contributions were made.

(2) All contributions referred to in subsection (1) shall be recorded separately from other contributions accepted in respect of the recall petition. Recall petition expenses 8(1) For the purposes of

Part 1, Division 4 of the Act, “recall petition expense” means any expense incurred or non-monetary contribution received in relation to a recall petition, to the extent that the real property, goods or services that the expense was incurred for, or that were received as a non-monetary contribution, are used to directly promote a recall petition during the canvassing period.

(2) In this section, “expense incurred” includes a recall petition expense that is incurred, whether it is paid or unpaid.

(3) Without limiting subsection (1), a recall petition expense includes an expense incurred for, or a non-monetary contribution in relation to, (

a) the production of recall advertising, (

b) the transmission, distribution, broadcast or publication of recall advertising in any media or by any other means during the canvassing period, including by the use of a capital asset, (

c) the conduct or sponsorship of opinion surveys or other surveys or research during the canvassing period, (

d) the payment of remuneration and expenses to or on behalf of an individual for the individual’s services as a chief financial officer or in any other capacity, or (

e) securing a meeting space. Modification of EFCDA re prescribed reports — recall petition 9(1) For the purposes of

Part 1, Division 4 of the Act, the application of the Election Finances and Contributions Disclosure Act is modified as set out in this section.

Section 9 AR 55/2022 RECALL REGULATION 8

(2) Within 60 days after the day that the recall petition is submitted to the Chief Electoral Officer in accordance with

section 7 of the Act or, if the recall petition is not submitted to the Chief Electoral Officer in accordance with

section 7 of the Act within 60 days after the date on which the canvassing period expires, the chief financial officer of an authorized participant shall file with the Chief Electoral Officer a recall petition expense limit report, which must include the following in accordance with the Chief Electoral Officer’s guidelines: (

a) a financial statement; (

b) a contribution report setting out, in the form and manner approved by the Chief Electoral Officer, (

i) the total amount of all contributions received in respect of the recall petition that did not exceed $250 in the aggregate from any single contributor, and (ii) the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor in respect of the recall petition exceeds $250 in the aggregate; (

c) an expense report setting out the recall petition expenses incurred by the authorized participant in relation to the recall petition; (

d) any supporting information and documents relating to the recall petition expense limit report.

(3) The following expenses are to be reported in the financial statement required under subsection (2)(a), but are not to be included as recall petition expenses for the purpose of determining whether an authorized participant has complied with the applicable expense limit: (

a) fees charged by the Chief Electoral Officer under the Act; (

b) costs incurred for producing copies of the petition in accordance with the regulations; (

c) expenses incurred for legal or accounting services provided to comply with the Act or the regulations; (

d) costs incurred for the payment of remuneration and expenses related to an authorized participant’s appointment of a scrutineer.

(4) This

section applies to any recall petition that is discontinued or withdrawn.

Section 10 AR 55/2022 RECALL REGULATION 9

(5) A recall petition expense limit report under this

section shall be available for public inspection at the office of the Chief Electoral Officer during its regular office hours for one year from the date the report is filed.

(6) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the recall petition expense limit report and shall publish any guidelines on the Chief Electoral Officer’s website. AR 55/2022 s9;144/2026 Expense limit — recall petition 10(1) The recall petition expense limit referred to in

section 13 of the Act is $23 000.

(2) The recall petition expense limit includes expenses for canvassers. Recall Vote Modification re ballot 11 For the purposes of sections 82 and 83 of the Election Act, the ballot for a recall vote must be in Form 1 of the Schedule. Contributions — recall vote 12(1) The total amount of all contributions referred to in

section 16(3) of the Act is $4000.

(2) Section 24 of the Alberta Personal Income Tax Act does not apply to a contribution under

Part 2 of the Act.

(3) For the purposes of

section 16(2) of the Act, only an individual who is ordinarily resident in the electoral division of the member who is the subject of a recall vote may make contributions to an authorized participant in respect of the recall vote.

(4) No contributions shall be made to an authorized participant in respect of a recall vote, except during the recall vote period.

(5) Any money paid out of an authorized participant’s own funds for the purposes of the recall vote (

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

b) must be paid into the account on record with the Chief Electoral Officer.

Section 13 AR 55/2022 RECALL REGULATION 10

(6) If the recall vote expenses paid from the authorized participant’s own funds exceed the maximum limit allowed for a contributor, the excess amount must be reimbursed to the authorized participant. Deposit of contributions — recall vote 13(1) All financial contributions accepted by or on behalf of an authorized participant in respect of a recall vote shall be paid into an appropriate account on record with the Chief Electoral Officer.

(2) When any contribution of other than money, accepted by or on behalf of an authorized participant in respect of a recall vote is converted at any time into money, that amount shall be paid into an appropriate account on record with the Chief Electoral Officer. Records of contributions — recall vote 14(1) When the chief financial officer of an authorized participant accepts contributions in respect of a recall vote, the chief financial officer shall record all the contributions, including the names and addresses of the contributors and the dates on which the contributions were made.

(2) All contributions referred to in subsection (1) shall be recorded separately from other contributions accepted in respect of the recall vote. Recall vote expenses 15(1) For the purposes of

Part 2 of the Act, “recall vote expense” means any expense incurred or non-monetary contribution received in relation to a recall vote, to the extent that the real property, goods or services that the expense was incurred for, or that were received as a non-monetary contribution, are used to directly promote or oppose a recall vote during the recall vote period.

(2) In this section, “expense incurred” includes a recall vote expense that is incurred, whether it is paid or unpaid.

(3) Without limiting subsection (1), a recall vote expense includes an expense incurred for, or a non-monetary contribution in relation to, (

a) the production of recall advertising, (

b) the transmission, distribution, broadcast or publication of recall advertising in any media or by any other means during the recall vote period, including by the use of a capital asset, (

c) the conduct or sponsorship of opinion surveys or other surveys or research during the recall vote period,

Section 16 AR 55/2022 RECALL REGULATION 11 (

d) the payment of remuneration and expenses to or on behalf of an individual for the individual’s services as a chief financial officer or in any other capacity, or (

e) securing a meeting space. Modification of EFCDA re prescribed reports — recall vote 16(1) For the purposes of

Part 2 of the Act, the application of the Election Finances and Contributions Disclosure Act is modified as set out in this section.

(2) Within 30 days after the election day in respect of the recall vote, the chief financial officer of an authorized participant shall file with the Chief Electoral Officer a recall vote expense limit report, which must include the following in accordance with the Chief Electoral Officer’s guidelines: (

a) a financial statement; (

b) a contribution report setting out, in the form and manner approved by the Chief Electoral Officer, (

i) the total amount of all contributions received in respect of the recall vote that did not exceed $250 in the aggregate from any single contributor, and (ii) the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor in respect of the recall petition exceeds $250 in the aggregate; (

c) an expense report setting out the recall vote expenses incurred by the authorized participant in relation to the recall vote; (

d) any supporting information and documents relating to the recall vote expense limit report.

(3) The following expenses are not to be included as recall vote expenses for the purpose of determining whether an authorized participant has complied with the applicable expense limit: (

a) fees charged by the Chief Electoral Officer under the Act; (

b) expenses incurred for legal or accounting services provided to comply with the Act or the regulations.

(4) An expense that is not included for the purpose of calculating whether there has been compliance with the expense limit remains an expense that is subject to all other provisions of the Act.

Section 17 AR 55/2022 RECALL REGULATION 12

(5) A recall vote expense limit report under this

section shall be available for public inspection at the office of the Chief Electoral Officer during its regular office hours for one year from the date on which the report is filed.

(6) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the recall vote expense limit report and shall publish any guidelines on the Chief Electoral Officer’s website. Expense limit — recall vote 17 The recall vote expense limit referred to in

section 18 of the Act is $23 000. Finances and Contributions — Petition and Vote Valuing contributions other than money 18(1) The value of a recall petition or recall vote contribution, other than money, is the market value of the contribution at that time.

(2) If any real property, goods or services or the use of real property, goods or services is provided to an authorized participant for a price that is less than the market value at that time, the amount by which the value exceeds the price is a contribution for the purposes of Parts 1 and 2 of the Act. Fund-raising functions 19(1) In this section, “fund-raising function” includes any social function held for the purpose of raising funds for an authorized participant by whom or on whose behalf the function is held in respect of a recall petition or a recall vote.

(2) The gross income from any fund-raising function shall be recorded by the chief financial officer of the authorized participant that held the function or on whose behalf the function was held.

(3) If a fund-raising function is held by the sale of tickets by or on behalf of an authorized participant, the amount of the contribution is to be determined under clause (

a) or (b), at the option of the authorized participant: (

a) if the individual charge (

i) is $50 or less, it is not considered to be a recall contribution unless the person who pays the charge specifically requests that it be so considered, in

Section 20 AR 55/2022 RECALL REGULATION 13 which case 50% of the amount is allowed for expenses and 50% 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 contri bution is the difference between the price of the ticket and the market value of what the ticket entitles the bearer to obtain.

(4) The price paid by a person at a fund-raising function in excess of the market value at that time for goods or services received is considered to be a contribution to the authorized participant.

(5) This

section does not apply to a fund-raising function for purposes unrelated to a recall petition or a recall vote. Contributions less than $50 20 When, at a meeting held on behalf of or in relation to a recall petition or a recall vote, money is given in response to a general collection of money solicited from the persons in attendance at the meeting, individual amounts given of $50 or less shall be considered not to be contributions for the purposes of the Act but shall be recorded as to the gross amount by the chief financial officer of the authorized participant. Loans 21(1) An authorized participant (

a) shall only borrow money from a financial institution other than a treasury branch, and (

b) shall record all loans and their terms and shall report accordingly to the Chief Electoral Officer.

(2) Any payment in respect of a loan to which subsection (1) applies is considered a contribution by the individual that made the payment unless that individual is reimbursed by the borrower prior to the filing by the borrower of the applicable report next required to be filed under

section 9 or 16.

(3) This

section does not apply to the borrowing of money by an authorized participant for purposes unrelated to a recall petition or a recall vote.

Section 22 AR 55/2022 RECALL REGULATION 14 Anonymous and unauthorized contributions 22(1) Any anonymous contribution in excess of $50 and any contribution or portion of a contribution made in contravention of the Act accepted by an authorized participant must not be used or expended, and the authorized participant (

a) shall return the contribution to the contributor if the contributor’s identity can be established, or (

b) if the contributor’s identity cannot be established, shall pay an amount equivalent to the contribution to the Chief Electoral Officer.

(2) Any amounts received by the Chief Electoral Officer under subsection (1)(

b) must be paid into the General Revenue Fund. Contributions not belonging to contributor 23(1) No person shall contribute to an authorized participant (

a) funds not actually belonging to that person, or (

b) funds that have been given or furnished to the person by another person or by a person, organization or group prohibited from contributing to an authorized participant.

(2) No person or organization shall give or furnish funds to an individual for the purpose of having that individual make a contribution of the funds to an authorized participant.

(3) No authorized participant and no person acting on behalf of an authorized participant shall solicit or accept a contribution if the authorized participant or person knows or ought to know that the contribution is contrary to subsection (1) or (2).

(4) If the chief financial officer learns that a contribution received by or on behalf of an authorized participant for whom the chief financial officer acts was made contrary to subsection (1) or (2), the chief financial officer shall, within 30 days after learning that the contribution was made contrary to subsection (1) or (2), advise the Chief Electoral Officer in writing of the fact and circumstances. Contribution receipts 24 Every authorized participant shall issue a receipt in the form and manner approved by the Chief Electoral Officer for every contribution accepted, and the receipt must indicate (

a) that it has been issued in respect of a recall petition or a recall vote,

Section 25 AR 55/2022 RECALL REGULATION 15 (

b) that the contributor acknowledges that the contribution is made in compliance with the Act, and (

c) where information about the making of contributions can be found. Disposition of surplus funds — authorized participant 25(1) Subject to subsection (1.1), an authorized participant shall hold in trust all funds held by the authorized participant (

a) at the end of a canvassing period that include contributions received by the authorized participant for the purpose of the recall petition, and (

b) at the end of the election day established for the purpose of a recall vote that include contributions received by the authorized participant for the purpose of the recall vote. (1.1) Subsection (1)(

a) does not apply to funds required for the payment of remuneration and expenses related to an authorized participant’s appointment of a scrutineer, which may be disposed of for those purposes.

(2) Funds referred to in subsection (1)(a), (

a) may, in the event of a successful petition, be transferred for the purpose of the related recall vote, and (

b) are not contributions for the purposes of the related recall vote.

(3) Any funds not otherwise disposed of in accordance with this

section shall be dealt with in one or more of the following ways: (

a) by returning the funds to the relevant contributors, if they can be identified; (

b) by donating the funds to a registered charity; (

c) if the funds cannot be dealt with in accordance with clause (

a) or (b), by paying the funds to the Chief Electoral Officer for deposit into the General Revenue Fund.

(4) An authorized participant who has not complied with subsection (3) within 30 days after the date referred to in subsection (1)(

a) or (b), as applicable, must immediately pay those funds to the Chief Electoral Officer for deposit in the General Revenue Fund. AR 55/2022 s25;144/2026

Section 26 AR 55/2022 RECALL REGULATION 16 Late filing fee 26(1) In this section, “filing deadline” means the day by which a report under

Part 1 or 2 of the Act is required to be filed with the Chief Electoral Officer.

(2) An authorized participant that is required to file a report under

Part 1 or 2 of the Act and fails to file that report or return by the filing deadline shall pay a late filing fee of $500 to the Chief Electoral Officer.

(3) The authorized participant and the chief financial officer of the authorized participant are jointly and severally liable for payment of the fee referred to in subsection (2).

(4) If the late filing fee is not paid within 30 days after the date the fee is payable, the Chief Electoral Officer shall send a notice to the authorized participant and the chief financial officer referred to in subsection (3) indicating the amount of the late filing fee that is required to be paid.

(5) If the authorized participant and the chief financial officer who are sent notices by the Chief Electoral Officer under subsection (4) fail to pay the late filing fee set out in the notice, the Chief Electoral Officer may file a copy of the notice with the clerk of the Court, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. Third Party Recall Advertising Prohibited entities and activities 27(1) For the purposes of sections 25(4) and 34(1) of the Act, a person, organization or group referred to in

section 44.2(3) of the Election Finances and Contributions Disclosure Act shall not make a recall advertising contribution.

(2) A third party must be independent of an authorized participant in respect of a recall petition or a recall vote and must not sponsor recall advertising on behalf of or together with an authorized participant.

(3) A third party shall not incur expenses to engage in any of the following activities that support the work of an authorized participant: (

a) canvassing for an authorized participant; (

b) fundraising for an authorized participant;

Section 28 AR 55/2022 RECALL REGULATION 17 (

c) collecting or compiling information about prospective petitioners or voters, including data and lists, where that information is shared with an authorized participant; (

d) any other activity that would otherwise be part of the administrative activity of an authorized participant. (4) Subsection (3) does not apply to (

a) volunteer labour provided by a person, so long as that person does not receive any compensation to volunteer, (

b) a petition tabled in the Legislative Assembly in accordance with the Standing Orders of the Legislative Assembly of Alberta, (

c) a contribution by a third party who is eligible to make a contribution under

Part 3 of the Act, or (

d) an activity where the expense incurred for that activity is a recall advertising expense under

Part 3 of the Act. Recall advertising expense limit 28 The maximum recall advertising spending limit referred to in sections 24(1) and 40(1) of the Act is $3000. Finances and Contributions — General Duties of chief financial officer 29(1) The chief financial officer of an authorized participant or third party is responsible, with respect to the affairs of the authorized participant or third party that appointed the chief financial officer, for ensuring that (

a) proper records are kept of all revenue, expenses, assets and liabilities, as required for the purposes of the Act and this Regulation, (

b) contributions are placed in an account on record with the Chief Electoral Officer, (

c) proper receipts are co mpleted and dealt with in accordance with the Act and this Regulation, (

d) every payment of more than $25 made by the authorized participant or third party or through the chief financial officer is vouched for by

Section 30 AR 55/2022 RECALL REGULATION 18 (

i) a document from the supplier that states the particulars of the expense, and (ii) a receipt or other proo f of payment acceptable to the Chief Electoral Officer, (

e) the financial statements, returns and reports required to be filed under the Act and this Regulation are filed with the Chief Electoral Officer, and (

f) contributions of other than money are valued and recorded in accordance with the Act and this Regulation.

(2) The chief financial officer shall make every reasonable effort to advise prospective contributors of the provisions of the Act and this Regulation relating to contributions. Records 30 An authorized participant and a registered third party shall retain all of the records of that authorized participant or registered third party for a period of 5 years following the date on which the financial statements, returns or reports required under the Act for the period to which the records relate are required to be filed.

Responsibility of contributors 31 A prospective contributor is responsible for ensuring, before making a contribution under the Act, that the contributor is not prohibited from making a contribution and is not making a contribution that is in excess of the limit prescribed by

section 10(1) or 17. Offences and Penalties Damage or destruction 32(1) No person shall take, damage or destroy a recall petition or a signature sheet.

(2) A person who contravenes this

section is guilty of an offence and liable to a fine of not more than $50 000. Canvassing contraventions 33(1) A person who contravenes

section 4(4), (5), (6) or (7) is guilty of an offence and liable to a fine of not more than $10 000.

(2) An individual or registered canvasser shall comply with the applicable guidelines published on the Chief Electoral Officer’s

Section 34 AR 55/2022 RECALL REGULATION 19 website, including the Code of Conduct guideline referred to in

section 3.

(3) A person who contravenes subsection (2) is guilty of an offence and liable to a fine of not more than $10 000 for each offence. Excessive or prohibited contributions 34(1) No authorized participant or person acting on behalf of an authorized participant shall accept a contribution if the authorized participant or person knows or ought to know that the amount of the contribution would exceed a limit prescribed in

section 5(1) or 12(1).

(2) No authorized participant or person acting on behalf of an authorized participant shall accept a contribution if the authorized participant or person knows or ought to know that the contribution is made by a person, organization or group prohibited from contributing in respect of a recall petition or a recall vote.

(3) A chief financial officer of an authorized participant who learns that a contribution was accepted by or on behalf of the authorized participant in contravention of subsection (1) or (2) shall, within 30 days after learning of the excessive contribution, advise the Chief Electoral Officer in writing of the fact and circumstances and return the contribution in accordance with the directions of the Chief Electoral Officer.

(4) A person who contravenes this

section is guilty of an offence and liable to a fine of not more than $10 000. Contravention re reports 35 A person who contravenes

section 9 or 16 is guilty of an offence and liable to a fine of not more than $1000. Contravention of compliance agreement 36 A contracting party who enters into a compliance agreement and (

a) fails to disclose all material facts when the compliance agreement is entered into, or (

b) fails to comply with the compliance agreement is guilty of an offence and liable to a fine of not more than $5000.

Section 37 AR 55/2022 RECALL REGULATION 20 Maximum penalties 37(1) The maximum penalty payable in respect of a contravention referred to in each

section of the Act identified below is $50 000: (a)

section 55(1)(a), (b), (

c) and (e); (b)

section 5(2) as referred to in

section 55(2); (c) sections 56(2), 57(2) and 58(2).

(2) The maximum penalty payable in respect of a contravention referred to in each

section of the Act identified below is $10 000: (a)

section 55(2)(

a) and (

d) and sections 5(1) and 10 as referred to in

section 55(2); (b)

section 55(3). Administrative Penalties Modification re EFCDA

section 51.01(5) 38(1) For the purposes of the Act, the application of

section 51.01(5) of the Election Finances and Contributions Disclosure Act is modified as set out in this section.

(2) The amount of an administrative penalty that may be imposed under the Act must not exceed, (

a) if an unauthorized person or organization has made a contribution in contravention of

section 11(1) or 16(1) of the Act, twice the amount that was contributed in contravention of that provision and in no case may the amount of the administrative penalty exceed $10 000 for each contravention, (

b) if an individual has made one or more contributions in excess of the total amount prescribed in

section 5(1) or 12(1) for the purposes of

section 11(3) or 16(3) of the Act, twice the amount by which the contribution or contributions exceed the total amount and in no case may the amount of the administrative penalty exceed $10 000 for each contravention, and (

c) if a third party has contravened the Act or this Regulation, (i) $10 000 if the third party is a person, and (ii) $100 000 if the third party is a trade union, employee organization, corporation or other organization.

Section 39 AR 55/2022 RECALL REGULATION 21 Compliance Agreements Modification re EFCDA

section 51.06 39(1) For the purposes of the Act, the application of

section 51.06 of the Election Finances and Contributions Disclosure Act is modified as set out in this section.

(2) If the Election Commissioner is of the opinion that a contracting party (

a) failed to disclose all material facts when the compliance agreement was entered into, or (

b) has failed to comply with a term of the compliance agreement, the Election Commissioner shall give notice of the failure to the contracting party, informing the contracting party that the Election Commissioner may serve a notice of administrative penalty under

section 64 of the Act or a letter of reprimand, or may consent to a prosecution in respect of the original act or omission or, if a prosecution has been suspended, give notice that those proceedings are no longer suspended. Other Matters Modification re inflation adjustment/indexing 40(1) After each general election, the Chief Electoral Officer shall adjust each of the amounts referred to in

section 5(1), 10(1), 12(1), 17 and 28 of this Regulation by the percentage increase, if any, applied in accordance with

section 41.5(3) of the Election Finances and Contributions Disclosure Act.

(2) The effective date of an adjustment under subsection (1) is January 1 of the year following a general election.

(3) The amounts adjusted under this

section shall be published on the Chief Electoral Officer’s website as soon as reasonably possible after January 1 of the year following a general election. Coming into force 41 This Regulation comes into force on the coming into force of sections 1 to 69 of the Recall Act.

Schedule AR 55/2022 RECALL REGULATION 22

Schedule Form 1 (Section 11) Form of Ballot Front of Ballot Recall Vote Ballot (Electoral Division) Should the Member of the Legislative Assembly named below be recalled? MLA Name: Registered Political Party, if any: Stub Ballot YES NO

Schedule AR 55/2022 RECALL REGULATION 23 Back of Ballot 0 0 0 0 0 0 0 0 Stub INITIALS OF ELECTION OFFICER Recall Vote Ballot re: (MLA name) _________ Electoral Division: Year (SECOND FOLD) Ballot (FIRST FOLD)

Printed on Recycled Paper *9780779863549*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 55/2022
Type	regulation
Volume / chapter	2022 055
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c2146baa57393ee99eaa109f314b2b3731bf57a9

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