Alberta Gazette — 14 April 2022 (Part II)

14 April 2022

Alberta — Gazette

Alberta Gazette — 14 April 2022 (Part II)

14 April 2022

Alberta — Gazette

Alberta Regulation 45/2022

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: March 18, 2022

For information only: Made by the Alberta Energy Regulator on March 7, 2022

pursuant to

section 10(1)(

u) and (aaa) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 8.030(2) is repealed and the following is

substituted:

(2) Aboveground tanks, underground tanks, containers, lined

earthen excavations, bulk pads and any other storage device or

system referred to in Directive 055 shall meet the requirements set

out in Directive 055.

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

Alberta Regulation 46/2022

Hospitals Act

APPLICATION IN RESPECT OF REGIONAL HEALTH

AUTHORITIES AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 058/2022)

on March 23, 2022 pursuant to

section 2 of the Hospitals Act.

1 The Application in Respect of Regional Health

Authorities Regulation (AR 161/95) is amended by this

Regulation.

Section 3 is repealed and the following is substituted:

Hospitals Act applies

3(1) Except to the extent that it is made inapplicable or its

application is varied by this Regulation, the Hospitals Act applies in

respect of health regions and regional health authorities, and for that

purpose

section 17(3) shall be interpreted as if "the appropriate

officers of the medical staff and of" were deleted.

(2) Section 15 does not apply.

Section 5 is repealed.

Section 7 is repealed.

5 The following is added after

section 8:

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

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

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

Regulation expires on March 31, 2027.

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

Alberta Regulation 47/2022

Hospitals Act

HOSPITALIZATION BENEFITS

AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 059/2022)

on March 23, 2022 pursuant to

section 43 of the Hospitals Act.

1 The Hospitalization Benefits Regulation (AR 244/90) is

amended by this Regulation.

Section 1(1)(gg) is amended

(

a) by striking out " "temporarily absent" ";

(

b) by striking out "Alta. Reg. 216/81" and substituting

"AR 76/2006".

Section 4(2) is amended

(

a) in clause (b)

(

i) by repealing subclause (ii) and substituting the

following:

(ii) the Civilian War-related Benefits Act (Canada),

(ii) in subclause (viii) by striking out "Rehabilitation"

and substituting "Well-being";

(

b) in clause (

f) by adding "or" at the end of subclause

(i).

Section 5 is amended

(

a) in subsection (1)(

a) by striking out "Human Services"

and substituting "Children's Services";

(

b) in subsection (8) by striking out "Alta. Reg." and

substituting "AR".

Section 6 is amended

(

a) in subsections (1) and (2) by striking out "a mental

health hospital," wherever it occurs;

(

b) by repealing subsection (3).

Section 12(3) is amended by striking out "the Province of".

Section 16(1) is amended by striking out "Alta.

Reg. 216/81" and substituting "AR 76/2006".

Section 20 is amended

(

a) in subsection (1)

(

i) by striking out "sections 21 and 25" and

substituting "section 21";

(ii) in clause (

a) by striking out "capital costs" and

substituting "capital project costs";

(

b) by repealing subsection (13).

Section 21(1) is repealed and the following is

substituted:

Interest on capital project funding

21(1) Grants by the Minister to a board with respect to interest on

debt resulting from capital project costs shall be based on the lesser

(

a) the interest rate contracted by the board to finance the debt,

and

(

b) the interest rate that would have been charged by the Crown,

as determined in the sole discretion of the President of

Treasury Board and Minister of Finance, at the date the

financing contract was entered into by the board, if the debt

had been financed under the Local Authorities Capital

Financing Act.

Section 23(2)(

b) is repealed and the following is

substituted:

(

b) interest on the purchase price of the owner's equity

calculated at a rate determined in the sole discretion of the

President of Treasury Board and Minister of Finance based

on the rate that the Crown would have paid to borrow an

equivalent amount in the capital markets for the period

commencing on the date that ownership of the hospital is

relinquished by the owner and ending on the closing date of

the purchase of the hospital.

11 The following is added after

section 26:

Expiry

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

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

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

Regulation expires on March 31, 2027.

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

Alberta Regulation 48/2022

Hospitals Act

HOSPITALS FOUNDATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 060/2022)

on March 23, 2022 pursuant to

section 60 of the Hospitals Act.

1 The Hospitals Foundation Regulation (AR 27/2007) is

amended by this Regulation.

Section 5 is amended by striking out "March 31, 2022" and

substituting "March 31, 2027".

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

Alberta Regulation 49/2022

Veterinary Profession Act

VETERINARY PROFESSION GENERAL (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 062/2022)

on March 23, 2022 pursuant to

section 13 of the Veterinary Profession Act.

1 The Veterinary Profession General Regulation (AR 44/86)

is amended by this Regulation.

Section 58 is amended by striking out "March 31, 2022"

and substituting "March 31, 2027".

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

Alberta Regulation 50/2022

Missing Persons Act

MISSING PERSONS

AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 074/2022)

on March 23, 2022 pursuant to

section 14 of the Missing Persons Act.

1 The Missing Persons Regulation (AR 151/2012) is

amended by this Regulation.

Section 1 is amended

(

a) by adding the following after clause (a):

(a.1) "contact information" includes, without limitation, the

residential address, including the postal code, of a

person's ordinary residence and any other addresses,

telephone numbers or other information by which the

person may ordinarily be contacted;

(

b) by adding the following after clause (c):

(d) "telecommunication" means the use of a method of

electronic or telephonic communication in accordance

with this Regulation.

Section 4 is repealed and the following is substituted:

Practice and procedure

4(1) Subject to subsection (2), an application under

section 3 or 5 of

the Act may be made in person or by telecommunication.

(2) The Provincial Court may issue directions for an application by

telecommunication under

section 3 or 5 of the Act.

(3) Except as otherwise directed by a justice of the peace in

accordance with subsection (4)(b), "service" in respect of an

application or order under

section 3 or 5 of the Act has the same

meaning as the service of a written demand under

section 6.

(4) In any matter not provided for in the Act or this Regulation, a

justice of the peace may

(

a) follow the Alberta Rules of Court (AR 124/2010) and the

procedures of the Court of Queen's Bench, and

(

b) give directions respecting any practice or procedure in the

Court or when hearing an application under the Act.

4 The following is added after

section 4:

Time for compliance

4.1(1) An order under

section 3 or 5 of the Act must provide that

within 48 hours from the time when the order was served, or such

other time specified by the justice of the peace in the order, the

required records or copies of the records shall either

(

a) be provided to the police service, or

(

b) if it is not possible for all requested records to be provided,

the available records shall be provided together with a time

estimate for the provision of the remaining records.

(2) On request, an individual or organization subject to an order

shall provide the police service with a time estimate as to when the

required records or copies of the records shall be provided under

subsection (1)(a).

5 The

Schedule is repealed and the following is

substituted:

Schedule

Form 1

Application for Access to Records

Section 3, Missing Persons Act

Docket #

In the Provincial Court of Alberta

In the matter of an application under

section 3(1)(

a) of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Application

[Remove any portions of the proposed application that are not needed.]

1 My name is (name of applicant) and I am a member

of (police service) that is conducting a non-criminal investigation

into the whereabouts of the named missing person.

2 The named person has not been in contact with those persons who

would likely be in contact with that person.

3 The named person's whereabouts are unknown despite reasonable

efforts to locate the person.

4 The named person's safety and welfare are feared for given the

person's physical or mental capabilities or the circumstances

surrounding the person's absence.

5 The missing person is

* a minor.

* a represented adult under the Adult Guardianship and Trustee Act.

6 I am applying for an order authorizing the police service to obtain

access to or copies of the following records that are needed to further

the investigation:

* records containing contact information or identification

information, and in particular,

(optional) ______________________________________

* telephone, internet and other electronic communication

records for the periods of

(date and time) to (date and time) including

* ___________________________________________

* telephone records, and in particular,

(optional) __________________________________

* records related to signals from a wireless device that

may indicate the location of a wireless device, and in

particular, (optional) _________________________

* cellular telephone records, and in particular,

(optional) __________________________________

* incoming and outgoing text messaging or other instant

messaging records, and in particular, (optional)

__________________________________________

* browsing history records, and in particular,

(optional) __________________________________

* online account activity information, and in particular,

(optional) __________________________________

* any messages received or actions taken by or with a

device during the listed period, and in particular,

(optional) __________________________________

* global positioning system tracking records, and in particular,

* __________________________________________

* for the periods of (date and time) to (date and

time) for records existing for the portion of time before

this Order is served and for records indicating the

location of a wireless device that can be produced for the

period of time from the time of service of this Order, and

in particular, (optional) __________________________

* copies of or access to view, as requested by the police service,

video records including closed-circuit television footage, and in

particular, (optional) ______________________________

* records containing employment information, and in particular,

* __________________________________________

* indicating when and where the missing person was last

seen or heard from, and in particular, (optional)

__________________________________________

* indicating when, where and how the missing person was paid,

and in particular, (optional) ____________________

* records containing health information, and in particular,

* __________________________________________

* indicating admission or interaction with health services

from (date) to (date) , and in particular,

(optional)__________________________________

* indicating date, time and reason for hospital admission or

interaction with health services during the stated period, and

in particular,

(optional) ____________________________________

* records containing school attendance information from

(date) to (date) , and in particular,

(optional) ______________________________________

* records containing travel and accommodation information, and in

particular,

* __________________________________________

* indicating when and where the missing person was last seen

or heard from, and in particular,

(optional) __________________________________

* records containing financial information, and in particular,

* ____________________________________________

* indicating credit card usage from (date) to (date)

(where, when and for what purpose used), and in particular,

(optional) ____________________________________

* indicating recent access to bank accounts (where, when and

for what purpose the account was accessed), and in particular,

(optional) ____________________________

* copies of any other records as the justice of the peace considers

appropriate, as follows: _____________________________

Affidavit

[Remove any portions of the proposed Affidavit that are not needed.]

7 In support of my application, I make oath/affirm and say that

* the police service has an active, ongoing non-criminal

investigation into the unexplained whereabouts of the missing

person.

* the investigative steps undertaken to date include the following:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* there is reason to believe that the missing person may be in the

company of one or more other individuals, namely

__________________________________________________

* I request that the following additional information be considered in

support of my application:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* copies of or access to the records of or related to the missing

person are needed to move the investigation forward.

* copies of or access to the records of or related to other

individual(

s) in whose company the missing person may be or

may have been are needed to move the investigation forward.

* I believe that records of these types may exist and may contain

information relevant to the investigation.

SWORN/AFFIRMED BEFORE ME at (city or town)

in the Province of Alberta on (yyyy/mm/dd)

(Applicant's signature)

(Justice of the Peace or Commissioner for Oaths)

Form 2

Order for Records

Section 3, Missing Persons Act

Docket #

In the Provincial Court of Alberta

In the matter of an application under

section 3(1)(

a) of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Order regarding records

Heard by (name of Justice of the Peace) , a Justice of the Peace

on (date) , 20 .

(name of applicant) , member of (police service) , has applied for

an order requiring access to or release of copies of records that may be

of assistance in investigating the whereabouts of the missing person.

On being satisfied that

* _____________ is a missing person under the Act,

* the police service is conducting a non-criminal investigation into

the whereabouts of the missing person, and

* the applicant has a reasonable belief that the requested records will

assist with the investigation,

IT IS ORDERED THAT:

[Remove any portions of the proposed Order that are not needed.]

Copies of the following records containing information related to

* the missing person, and

* (name of individual) in whose company the missing person

may be or may have been,

in whoever's possession the records may be, shall be made available to

or provided to (police service) :

* records containing contact information or identification

information, and in particular,

(optional) ________________________________________

* telephone, internet and other electronic communication

records for the periods of

(date and time) to (date and time) including

* _____________________________________________

* telephone records, and in particular,

(optional) ______________________________________

* records related to signals from a wireless device that may

indicate the location of a wireless device, and in particular,

(optional) ______________________________________

* cellular telephone records, and in particular,

(optional) ______________________________________

* incoming and outgoing text messaging or other instant

messaging records, and in particular, (optional)

_______________________________________________

* browsing history records, and in particular, (optional)

_______________________________________________

* online account activity information, and in particular,

(optional) _______________________________________

* any messages received or actions taken by or with a device

during the listed period, and in particular,

(optional) ______________________________________

* global positioning system tracking records, and in particular,

* _______________________________________________

* for the periods of (date and time) to (date and time) for

records existing for the portion of time before this Order is

served and for records indicating the location of a wireless

device that can be produced for the period of time from the

time of service of this Order, and in particular,

(optional) ______________________________________

* copies of or access to view, as requested by the police service,

video records including closed-circuit television footage, and in

particular, (optional) _________________________________

* records containing employment information, and in particular,

* ______________________________________________

* indicating when and where the missing person was last seen

or heard from, and in particular,

(optional) ______________________________________

* indicating when, where and how the missing person was paid,

and in particular, (optional) ________________________

* records containing health information, and in particular,

* _______________________________________________

indicating hospital admission or interaction with health

services from (date) to (date) , and in particular,

(optional)__________________________________

* indicating date, time and reason for hospital admission or

interaction with health services during the stated period, and

in particular,

(optional)_______________________________________

* records containing school attendance information from (date)

to (date) , and in particular,

(optional) ___________________________________________

* records containing travel and accommodation information, and in

particular,

* _______________________________________________

* indicating when and where the missing person was last seen

or heard from, and in particular,

(optional) _______________________________________

* records containing financial information, and in particular,

* _______________________________________________

* indicating credit card usage from (date) to (date)

(where, when and for what purpose used), and in particular,

(optional) _______________________________________

* indicating recent access to bank accounts (where, when and

for what purpose the account was accessed), and in particular,

(optional) _______________________________________

* copies of any other records as the justice of the peace considers

appropriate, as follows: ________________________________

* an accounting, as requested by the applicant, recording the steps

taken by the persons on whom this Order is served to locate any

records ordered to be produced above that the persons on whom

this Order is served cannot find or that have not been produced.

Compliance with this Order is required within 48 hours of service, or

before (date and time) .

This Order expires on (date and time) .

(Justice of the Peace)

Pursuant to the Missing Persons Act [SA 2011, s7(1)], any information or

records collected under the Act by a police service are confidential and may

not be disclosed except in accordance with

section 7 of the Act and the

regulations.

Pursuant to the Missing Persons Regulation [AR 151/2012, s4.1(1)], where

this Order requires a person to provide records or copies of records, the

records or copies of the records shall either

(

a) be provided to the police service, or

(

b) if it is not possible for all requested records to be provided,

the available records shall be provided together with a time

estimate for the provision of the remaining records.

Pursuant to the Missing Persons Regulation [AR 151/2012, s7], information

or records collected under the Act

(

a) are, when the missing person has been safely located, to be

disposed of within 90 days of the locating of the missing

person,

(

b) may be retained if the missing person is not found or if the

missing person is found dead, or

(

c) may be retained if any further investigations arise or are

likely to arise regarding the disappearance of the missing

person until any and all investigations are concluded.

Form 3

Application for an Order for Entry

Section 3, Missing Persons Act

Docket #

In the Provincial Court of Alberta

In the matter of an application under

section 3(1)(

b) of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Application

[Remove any portions of the proposed application that are not needed.]

1 My name is (name of applicant) and I am a member

of (police service) that is conducting a non-criminal investigation

into the whereabouts of the named missing person.

2 The missing person is

* a minor.

* a represented adult under the Adult Guardianship and

Trusteeship Act.

3 I am applying for an order authorizing a police officer (and name,

position of other person) to enter, by force if necessary, and search

the place or premises specified in my affidavit below to locate the

missing person.

Affidavit

[Remove any portions of the proposed Affidavit that are not needed.]

4 In support of my application, I make oath/affirm and say that

* the police service is conducting a non-criminal investigation into

the whereabouts of the missing person.

* the investigative steps undertaken to date include the following:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* I request that the following additional information be considered in

support of my application:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* I have reason to believe that the missing person may be found at

the following location: ______________________________

SWORN/AFFIRMED BEFORE ME at (city or town)

in the Province of Alberta on (yyyy/mm/dd)

(Applicant's signature)

(Justice of the Peace or Commissioner for Oaths)

Form 4

Order for Entry

Section 3, Missing Persons Act

In the Provincial Court of Alberta

In the matter of an application under

section 3(1)(

b) of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Order for Entry

[Remove any portions of the proposed Order that are not needed.]

Heard by (name of Justice of the Peace) , a Justice of the Peace

on (date) , 20 .

(name of applicant) , member of (police service) , has applied for

an order authorizing entry to ___________ by force if necessary to

search for the missing person.

On being satisfied that

* ___________ is a missing person under the Act and that the police

service is conducting a non-criminal investigation into the

whereabouts of the missing person,

* the missing person is

* a minor, or

* a represented adult under the Adult Guardianship and

Trusteeship Act,

* the applicant has a reasonable belief that the missing person may

be located at this location: ________________________________,

IT IS ORDERED THAT a police officer with (police service)

* and (other person)

may enter (place or premises) , using force if necessary, in order to

search for the missing person.

This Order expires on (date and time) .

(Justice of the Peace)

Form 5

Emergency Access Demand

Section 4, Missing Persons Act

To: (name)

(address)

(name of missing person) , born on (date of birth) , has been

reported as a missing person to the (police service) that is

conducting a non-criminal investigation into the missing person's

whereabouts, case number .

Based on the investigation and information received thus far,

* the investigating officer has reasonable grounds to believe

that the emergency circumstances described in

section 4 of

the Missing Persons Act apply,

* the records requested fall within those available to police in

emergency circumstances under

section 4 of the Missing

Persons Act, and

* you have been identified as a holder of records that may

assist in the location of this missing person.

By the authority of the Missing Persons Act cited above, you are

hereby compelled to produce copies of the following records within

12 hours of service of this demand to (rank) (name) of

the (service) who may be contacted by telephone or text

at , or by email at :

[Remove any listed records or information that are not needed.]

* the following records of information requested in accordance

with

section 4 of the Missing Persons Act, and in particular,

_________________________

* records containing contact information or identification, and in

particular,

* ____________________________________________

* information contained in your client or employee file, and in

particular, (optional) ___________________________

* telephone, internet and other electronic communication

records, including

* ____________________________________________

* wireless signals indicating the location of the device, and in

particular, (optional) _________________________

* cellular telephone records from (date) to (date) ,

and in particular, (optional) _______________________

* incoming and outgoing text messaging or other instant

messaging records from (date) to (date) , and in

particular, (optional)

_________________________________

* browsing history records from (date) to (date) ,

and in particular, (optional) ______________

* online account activity information from (date) to

(date) , and in particular, (optional) ______________

* global positioning system tracking records, and in particular,

* ____________________________________________

* from (date) to (date) , and in particular,

(optional) ____________________________________

* records containing employment information indicating

* when the missing person was last seen or heard from, and in

particular, (optional) _________________________

* when, where and how the missing person was paid, and in

particular, (optional) ___________________________

* records containing health information indicating

* hospital admission or interaction with health services

from (date) to (date) , and in particular,

(optional) ___________________________________

* date, time and reason for hospital admission or interaction

with health services during the stated period, and in

particular, (optional)

___________________________________

* records containing school attendance information

from (date) to (date) , and in particular,

(optional) _______________________________________

* records containing financial information indicating

* credit card usage from (date) to (date)

(where, when and for what purpose used), and in particular,

(optional) ___________________________________

* recent access to bank accounts (where, when and for what

purpose the account was accessed), and in particular,

(optional) ___________________________________

Dated this day of , 20

Signed

Printed Name of Investigating Police Officer

Rank

Name of Police Service

Address

Pursuant to the Missing Persons Act [SA 2011, s4(3)], a person who

has been served with a copy of this demand shall make the records

available or provide copies of the records to the police service within

the time specified in the demand.

Pursuant to the Missing Persons Act [SA 2011, s7(1)], any information

or records collected under the Act by a police service are confidential

and may not be disclosed except in accordance with

section 7 of the

Act and the regulations.

Pursuant to the Missing Persons Regulation [AR 151/2012, s7]

information or records collected under the Act

(

a) are, when the missing person has been safely located, to be

disposed of within 90 days of the locating of the missing

person,

(

b) may be retained if the missing person is not found or if the

missing person is found dead, or

(

c) may be retained if any further investigations arise or are

likely to arise regarding the disappearance of the missing

person until any and all investigations are concluded.

Form 6

Application for an Order to Comply with Demand

Section 5, Missing Persons Act

Docket #

In the Provincial Court of Alberta

In the matter of an application under

section 5

of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Application

[Remove any portions of the proposed application that are not needed.]

1 My name is (name of applicant) and I am a member

of (police service) that is conducting a non-criminal investigation

into the whereabouts of the named missing person.

2 The named person has not been in contact with those persons who

would likely be in contact with that person.

3 The named person's whereabouts are unknown despite reasonable

efforts to locate the person.

4 The named person's safety and welfare are feared for given the

person's physical or mental capabilities or the circumstances

surrounding the person's absence.

5 I am applying for an order

* compelling (name of person) to comply with the demand made

under

section 4 of the Missing Persons Act to provide the records

specified in that demand, a copy of which is attached.

* for costs of this application.

Affidavit

[Remove any portions of the proposed Affidavit that are not needed.]

6 In support of my application, I make oath/affirm and say that

* I believe the records demanded are in the possession or under the

control of _____________ named in the demand,

* the investigative steps undertaken to date include the following:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* I request that the following additional information be considered in

support of my application:

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

* I require the order in aid of investigating the whereabouts of the

missing person.

* the demand under

section 4 of the Missing Persons Act was

effected by (method) on (date) .

SWORN/AFFIRMED BEFORE ME at (city or town)

in the Province of Alberta on (yyyy/mm/dd)

(Applicant's signature)

(Justice of the Peace or Commissioner for Oaths)

Form 7

Order to Comply with Demand

Section 5, Missing Persons Act

Docket #

In the Provincial Court of Alberta

In the matter of an application under

section 5(1)

of the Missing Persons Act

Regarding the Missing Person

(name of missing person)

Order regarding records

Heard by (name of Justice of the Peace) , a Justice of the Peace

on (date) , 20 .

(name of applicant) , member of (police service) , has applied for

an order to comply with a demand requiring production of copies of

records that may be of assistance in investigating the whereabouts of

the missing person.

On being satisfied that

* _____________ is a missing person under the Act,

* the police service is conducting a non-criminal investigation into

the whereabouts of the missing person,

* the applicant made a demand under

section 4 of the Missing

Person's Act that was not fulfilled, and

* the applicant has a reasonable belief that the requested records will

assist with the investigation,

IT IS ORDERED THAT:

[Remove any portions of the proposed Order that are not needed.]

Copies of the following records containing information related to

* the missing person,

* (name of individual) in whose company the missing person may

be or may have been,

in whoever's possession the records may be, shall be produced

to (police service) :

* records containing contact information or identification, and in

particular,

* ____________________________________________

* information contained in your client or employee file, and in

particular, (optional) ___________________________

* telephone, internet and other electronic communication

records, including

* ____________________________________________

* wireless signals indicating the location of the device, and in

particular, (optional) _________________________

* cellular telephone records from (date) to (date) ,

and in particular, (optional) _______________________

* incoming and outgoing text messaging or other instant

messaging records from (date) to (date) , and in

particular, (optional) _____________________________

* browsing history records from (date) to (date) , and

in particular, (optional) ___________________________

* online account activity information from (date) to

(date) , and in particular, (optional)

______________________________________________

* global positioning system tracking records, and in particular,

* ______________________________________________

* from (date) to (date) , and in particular,

(optional) _____________________________________

* records containing employment information indicating

* when the missing person was last seen or heard from, and in

particular, (optional) __________________________

* when, where and how the missing person was paid, and in

particular, (optional) ____________________________

* records containing health information indicating

* hospital admission or interaction with health services from

(date) to (date) , and in particular,

(optional) _____________________________________

* date, time and reason for hospital admission or interaction

with health services during the stated period, and in

particular, (optional) ____________________________

* records containing school attendance information from

(date) to (date) , and in particular,

(optional) _________________________________________

* records containing financial information indicating

* credit card usage from (date) to (date)

(where, when and for what purpose used), and in particular,

(optional) _____________________________

* recent access to bank accounts (where, when and for what

purpose the account was accessed), and in particular,

(optional) ______________________________________

* (records prescribed by regulation)

* (address costs)

Compliance with this Order is required within 48 hours of service, or

before (date and time) .

This Order expires on _____________________.

Dated this day of , 20

Signed

Printed Name of Police Officer

Rank

Name of Police Service

Address

Pursuant to the Missing Persons Act [SA 2011, s7(1)], any information

or records collected under the Act by a police service are confidential

and may not be disclosed except in accordance with

section 7 of the

Act and the regulations.

Pursuant to the Missing Persons Regulation [AR 151/2012, s4.1(1)]

where this Order requires a person to provide records or copies of

records, the records or copies of the records shall either

(

a) be provided to the police service, or

(

b) if it is not possible for all requested records to be provided,

the available records shall be provided together with a time

estimate for the provision of the remaining records.

Pursuant to the Missing Persons Regulation [AR 151/2012, s7]

information or records collected under the Act

(

a) are, when the missing person has been safely located, to be

disposed of within 90 days of the locating of the missing

person,

(

b) may be retained if the missing person is not found or if the

missing person is found dead, or

(

c) may be retained if any further investigations arise or are

likely to arise regarding the disappearance of the missing

person until any and all investigations are concluded.

Form 8

Application for Disclosure of Information

Section 7, Missing Persons Act

Regarding the Missing Person

(name of missing person)

1 I am the (parent or guardian) of (name of missing person) .

2 I am applying to (police service) for disclosure of any information

collected during the course of its investigation into the whereabouts

of (name of missing person) , and in particular, (optional)

______________________.

3 The period of time for which I am asking for disclosure of the

records is (date) to (date) .

4 I am applying for disclosure of this information so that I may know

information as to the whereabouts and activities of (name of missing

person) during the time that (name of missing person) was a missing

person, the circumstances that led (name of missing person) to be a

missing person, and also with whom (name of missing person) was

or may have been in contact with during the time that (name of missing

person) was a missing person, in order to take steps to protect the safety

of (name of missing person) in future.

Dated at , Alberta, this day of , 20 .

Name of Applicant - please print in block letters

Signature of Applicant

Address (street address) (municipality)

(province) (postal code)

Telephone Number (daytime) - ( )

(evening) - ( )

Fax Number - ( )

Email Address

Alberta Regulation 51/2022

Reform of Agencies, Boards and

Commissions Compensation Act

SALARY RESTRAINT

AMENDMENT REGULATION

Filed: March 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 076/2022)

on March 23, 2022 pursuant to sections 5 and 23 of the Reform of Agencies, Boards

and Commissions Compensation Act.

1 The Salary Restraint Regulation (AR 80/2021) is amended

by this Regulation.

2 Sections 1(

e) and 9 are amended by striking out "March

31, 2022" and substituting "June 30, 2022".

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

Alberta Regulation 52/2022

Electric Utilities Act

MUNICIPAL OWN-USE GENERATION (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: March 25, 2022

For information only: Made by the Minister of Energy (M.O. 034/2022) on March

15, 2022 pursuant to

section 99 of the Electric Utilities Act.

1 The Municipal Own-use Generation Regulation

(AR 80/2009) is amended by this Regulation.

Section 4 is amended by striking out "March 31, 2022" and

substituting "March 31, 2027".

Alberta Regulation 53/2022

Municipal Government Act

CALGARY METROPOLITAN REGION BOARD

AMENDMENT REGULATION

Filed: March 30, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 079/2022)

on March 30, 2022 pursuant to

section 708.02 of the Municipal Government Act.

1 The Calgary Metropolitan Region Board Regulation

(AR 190/2017) is amended by this Regulation.

2 The

Schedule is amended by repealing clauses (

g) and

(j).

3 This Regulation comes into force on March 31, 2022.

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

Alberta Regulation 54/2022

Citizen Initiative Act

CITIZEN INITIATIVE REGULATION

Filed: March 30, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 082/2022)

on March 30, 2022 pursuant to sections 17, 23, 45 and 71 of the Citizen Initiative Act.

Table of Contents

Definitions

Initiative Petition and Canvassing

2 Application fee

3 Canvassers' Code of Conduct

4 Registration and duties of canvassers

Initiative Petition Finances and Contributions

5 Contributions - initiative petition

6 Deposit of initiative advertising contributions

7 Valuing contributions other than money

8 Fund-raising functions

9 Contributions less than $50

10 Loans

11 Anonymous and unauthorized contributions

12 Contributions not belonging to contributor

13 Records of contributions

14 Contribution receipts

15 Audited financial statements

16 Initiative petition expenses

17 Expense limit

18 Modification of EFCDA re prescribed reports

19 Disposition of surplus funds

20 Late filing fee

21 Identification of proponent

Initiative Vote

22 Modification re ballot

Third Party Initiative Advertising

23 Further defining "third party"

24 Third party registration expense and contribution amounts

25 Prohibited organizations

26 Initiative advertising expense limit

27 Third party advertising disclosure amounts

28 Amount re audited financial statement

29 Late filing fee

Finances and Contributions - General

30 Duties of chief financial officer

31 Records

32 Responsibility of contributors

Offences and Penalties

33 Damage or destruction

34 Canvassing contraventions

35 Excessive or prohibited contributions

36 Contravention re reports

37 Contravention of compliance agreement

38 Maximum penalties

Administrative Penalties

39 Modification re EFCDA

section 51.01(5)

Compliance Agreements

40 Modification re EFCDA

section 51.06

Other Matters

41 Modification re inflation adjustment/indexing

42 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Citizen Initiative Act;

(b) "administrative penalty" means an administrative penalty

referred to in

section 66 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 52(3) of the Act and administered in

accordance with sections 51.04 to 51.07 of the Election

Finances and Contributions Disclosure Act and this

Regulation.

Initiative Petition and Canvassing

Application fee

2(1) The application fee payable for the issuance of an initiative

petition under

section 2(2)(

h) 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 18 with respect to an initiative 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

(

a) read the Code of Conduct guideline, and

(

b) provide the proponent 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 proponent 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 proponent

wishes to be registered as a canvasser on behalf of the

proponent in respect of the proponent's initiative petition,

and

(

b) for greater certainty, if the proponent wishes to canvass, for

the registration of the proponent as a canvasser in respect of

the proponent's initiative 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 proponent's application for registration setting

out the following:

(

a) the name of the proponent;

(

b) identification of the initiative petition in relation to which the

proponent 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);

(

h) the proponent'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 an initiative petition issued under

section 3(3)

of the Act,

(

i) that the canvasser is an official canvasser in respect of

the initiative petition, and

(ii) the dates of the initiative petition signing period;

(

b) in relation to an initiative petition extended in accordance

with

section 7(3) or 49 of the Act,

(

i) that the canvasser is an official canvasser in respect of

the initiative petition, and

(ii) the dates of the extended initiative petition signing period

referred to in

section 7(3)(a)(ii) of the Act or in the order

under

section 49 of the Act, as applicable.

(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 proponent

(

i) on or before the last day for signing under

section 4(4),

9(7)(

a) or 49 of the Act, as applicable, or

(ii) on or before the day on which the signature sheets are

submitted to the Chief Electoral Officer in accordance

with

section 6 of the Act, if earlier.

(5) The proponent 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

initiative petition are submitted to the Chief Electoral Officer in

accordance with

section 6(1), 9(8) or 13 of the Act, as applicable.

(6) Only an individual registered in accordance with this

section may

canvass in respect of an initiative 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,

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.

Initiative Petition Finances and Contributions

Contributions - initiative petition

5(1) The total amount of all contributions referred to in

section 20(3)

of the Act is $4000.

(2) Section 24 of the Alberta Personal Income Tax Act does not apply

to a contribution under this Act.

(3) No contributions shall be made in respect of an initiative petition,

except during the initiative petition period.

(4) Any money paid out of a proponent's own funds for the purposes

of the initiative petition

(

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

(

b) must first be paid into the account on record with the Chief

Electoral Officer.

(5) If the initiative petition expenses paid from the proponent'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 proponent.

Deposit of initiative advertising contributions

6(1) All financial contributions accepted by or on behalf of a

proponent in respect of an initiative 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 a proponent in respect of an initiative petition is converted at any time

into money, that amount shall be paid into an appropriate account on

record with the Chief Electoral Officer.

Valuing contributions other than money

7(1) The value of a 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 a proponent 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 the Act.

Fund-raising functions

8(1) In this section, "fund-raising function" includes any social

function held for the purpose of raising funds for a proponent by whom

or on whose behalf the function is held in respect of an initiative

petition.

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

by the chief financial officer of the proponent 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 a proponent, the amount of the contribution is to be

determined under clause (

a) or (b), at the option of the proponent:

(

a) if the individual charge

(

i) is $50 or less, it is not considered to be an initiative

petition contribution unless the person who pays the

charge specifically requests that it be so considered, in

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 contribution 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 proponent.

(5) This

section does not apply to a fund-raising function for purposes

unrelated to an initiative petition.

Contributions less than $50

9 When, at a meeting held on behalf of a proponent or in relation to

an initiative petition, 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 proponent.

Loans

10(1) A proponent

(

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 18.

(3) This

section does not apply to the borrowing of money by a

proponent for purposes unrelated to an initiative petition.

Anonymous and unauthorized contributions

11(1) Any anonymous contribution in excess of $50 and any

contribution or portion of a contribution made in contravention of the

Act accepted by a proponent must not be used or expended, and the

proponent

(

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

12(1) No person shall contribute to a proponent

(

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 a proponent.

(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 a proponent.

(3) No proponent and no person acting on behalf of a proponent shall

solicit or accept a contribution if the proponent 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 a proponent 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.

Records of contributions

13 When the chief financial officer of a proponent accepts

contributions in respect of an initiative 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.

Contribution receipts

14 Every proponent 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 an initiative petition,

(

b) that the contributor acknowledges that the contribution is

made in compliance with the Act, and

(

c) where information about making contributions can be found.

Audited financial statements

15(1) The chief financial officer of a proponent whose expenses

exceed $350 000 shall file an audited financial statement with the

Chief Electoral Officer within 6 months after the day on which the

initiative petition period ends.

(2) The Chief Electoral Officer may determine what information is to

be provided in the audited financial statement required under

subsection (1).

Initiative petition expenses

16(1) For the purposes of the Act, "initiative petition expense" means

any expense incurred or non-monetary contribution received in relation

to an initiative 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 the initiative

petition during the initiative petition period.

(2) In this section, "expense incurred" includes an initiative petition

expense that is incurred, whether it is paid or unpaid.

(3) Without limiting subsection (1), an initiative petition expense

includes an expense incurred for, or a non-monetary contribution in

relation to,

(

a) the production of initiative petition advertising,

(

b) the transmission, distribution, broadcast or publication of

initiative petition advertising in any media or by any other

means during the initiative petition period, including by the

use of a capital asset,

(

c) the conduct or sponsorship of opinion surveys or other

surveys or research during the initiative petition 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.

Expense limit

17(1) The initiative petition expense limit referred to in

section 22 of

the Act is $500 000.

(2) The initiative petition expense limit includes expenses for

individuals who canvass for signatures.

Modification of EFCDA re prescribed reports

18(1) For the purposes of

Part 3 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 signature sheet submission date or, in the

case of an initiative petition that is withdrawn or terminated within 30

days after the date on which the initiative petition signing period

expires, the chief financial officer of a proponent shall file with the

Chief Electoral Officer an initiative 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 during the

initiative petition period 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 during the initiative petition period

exceeded $250 in the aggregate;

(

c) an expense report setting out the initiative petition expenses

incurred by the proponent in relation to the initiative petition;

(

d) any supporting information and documents relating to the

initiative 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 initiative petition expenses for the purpose of determining whether a

proponent 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.

(4) This

section applies to any initiative petition that is discontinued or

withdrawn.

(5) An initiative 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 initiative petition expense limit report and

shall publish any guidelines on the Chief Electoral Officer's website.

Disposition of surplus funds

19(1) A proponent shall hold in trust all funds held by the proponent

at the end of the initiative petition period including contributions

received by the proponent for the purpose of the initiative petition.

(2) 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.

(3) A proponent who has not complied with subsection (2) within 6

months after the end of the initiative petition period must immediately

pay those funds to the Chief Electoral Officer for deposit in the

General Revenue Fund.

Late filing fee

20(1) In this section, "filing deadline" means the day by which a

report under

Part 1 or 3 of the Act is required to be filed with the Chief

Electoral Officer.

(2) A proponent that is required to file a report under 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 proponent and the chief financial officer of the proponent 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

proponent 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 proponent 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.

Identification of proponent

21 For the purposes of

section 23(2) of the Act,

(

a) a proponent, or a person acting on a behalf of a proponent,

shall ensure that the initiative advertising sponsored by the

proponent complies with

section 39 of the Act, in accordance

with the guidelines of the Chief Electoral Officer, as if the

proponent were a third party, and

(

b) the Chief Electoral Officer has, in respect of a proponent, all

of the duties and powers set out in

section 39 of the Act, as if

the proponent were a third party.

Initiative Vote

Modification re ballot

22 For the purposes of sections 82 and 83 of the Election Act, the

ballot for an initiative vote must be in Form 1 of the Schedule.

Third Party Initiative Advertising

Further defining "third party"

23 For the purposes of

section 24(1)(

g) of the Act, "third party" does

not include the following:

(

a) the proponent;

(

b) the chief financial officer of the proponent.

Third party registration expense and

contribution amounts

24 For the purposes of

(a) sections 25(1)(

a) and 27(3) of the Act, the prescribed

initiative advertising expense amount is $1000, and

(b)

section 25(1)(

b) of the Act, the prescribed initiative

advertising contribution amount is $1000.

Prohibited organizations

25 For the purposes of sections 27(4) and 36(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 an initiative

advertising contribution.

Initiative advertising expense limit

26 The maximum initiative advertising expense limit amount referred

to in

section 26(1) of the Act is $500 000.

Third party advertising disclosure amounts

27(1) For the purposes of

section 40(1)(

a) and (

b) of the Act, the

prescribed amount from any single contributor is $250.

(2) For the purposes of sections 40(2) and 41(4) of the Act, the

prescribed amount from the beginning of the relevant period referred

to in

section 41(1) of the Act to the end of the particular week for

which the report is being prepared is $250.

Amount re audited financial statement

28 The amount referred to in

section 42(1) of the Act concerning

audited financial statements is $350 000.

Late filing fee

29 The late filing fee payable under

section 44(2) of the Act is $500.

Finances and Contributions - General

Duties of chief financial officer

30(1) The chief financial officer of a proponent or third party is

responsible, with respect to the affairs of the proponent 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 completed and dealt with in accordance

with the Act and this Regulation,

(

d) every payment of more than $25 made by the proponent or

third party or through the chief financial officer is vouched

for by

(

i) a document from the supplier that states the particulars

of the expense, and

(ii) a receipt or other proof 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

31 A proponent and a registered third party shall retain all of the

records of that proponent 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

32 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 5(1).

Offences and Penalties

Damage or destruction

33(1) No person shall take, damage or destroy an initiative 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

34(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

website, including the Code of Conduct guideline referred to in section

(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

35(1) No proponent or person acting on behalf of a proponent shall

accept a contribution if the proponent or person knows or ought to

know that the amount of the contribution would exceed the limit

prescribed in

section 5(1).

(2) No proponent or person acting on behalf of a proponent shall

accept a contribution if the proponent or person knows or ought to

know that the contribution is made by a person, organization or group

prohibited from contributing in respect of an initiative petition.

(3) A chief financial officer of a proponent who learns that a

contribution was accepted by or on behalf of the proponent 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

36 A person who contravenes

section 18(2) is guilty of an offence

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

Contravention of compliance agreement

37 A contracting party who enters into a compliance agreement

under the Act 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.

Maximum penalties

38(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 57(1)(a), (b), (

c) and (e);

(b)

section 5(2) as referred to in

section 57(2)(b);

(c) sections 58(2), 59(2) and 60(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 57(2)(

a) and (

d) and

section 5(1) as referred to in

section 57(2)(b);

(b)

section 57(3).

Administrative Penalties

Modification re EFCDA

section 51.01(5)

39(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 this Act must not exceed,

(

a) if an unauthorized person or organization has made a

contribution in contravention of

section 20(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) for the purposes of

section 20(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.

Compliance Agreements

Modification re EFCDA

section 51.06

40(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 66 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

41(1) After each general election, the Chief Electoral Officer shall

adjust each of the amounts referred to in sections 5(1), 17(1) and 26 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

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

Citizen Initiative Act.

Schedule

Form 1

(Section 22)

Form of Ballot

FRONT OF BALLOT

Should legislation be introduced having the following subject

matter: (statement of subject matter) .

Stub Ballot

YES

BACK OF BALLOT

0 0 0 0 0 0 0 0

Stub

INITIALS OF

ELECTION

OFFICER

Citizen Initiative Vote Ballot

Electoral Division

Year

(SECOND FOLD)

Ballot

(FIRST FOLD)

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

Alberta Regulation 55/2022

Recall Act

RECALL REGULATION

Filed: March 30, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 083/2022)

on March 30, 2022 pursuant to sections 14, 21, 43 and 69 of the Recall Act.

Table of Contents

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

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

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

(

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);

(

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,

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.

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.

(2) Within 30 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 30 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.

(4) This

section applies to any recall petition that is discontinued or

withdrawn.

(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.

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.

(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,

(

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.

(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 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 contribution 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.

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,

(

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) 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.

(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.

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;

(

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 completed 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

(

i) a document from the supplier that states the particulars

of the expense, and

(ii) a receipt or other proof 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

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

website, including the Code of Conduct guideline referred to in section

(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.

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.

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

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

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)

Document details

CollectionAlberta — Gazette
Citation14 April 2022
Typegazette
Volume / chapter07 Apr14 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierd05bcd76948e711b492f9492bc47f7c8e955349f

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