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Section 8.030(2) is repealed and the following is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Section 3 is repealed and the following is substituted: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Section 5 is repealed.
Section 7 is repealed.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