Bill 35 — Second Session, 29Th Legislature, 65 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 35 Fair Elections Fin Ancing Act (Legislature 29, Session 2)

L29 S2 11669

Alberta — Bills

2016 Bill 35 Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 35 FAIR ELECTIONS FIN ANCING ACT THE MINISTER RESPONSIBLE FOR DEMOCRATIC RENEWAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 35 BILL 35 2016 FAIR ELECTIONS FINANCING ACT ( A s s e n t e d t o , 2 0 1 6 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cE-2 1 The Election Finances and Contributions Disclosure Act is amended by this Act. 2

Section 1 is amended (

a) in subsection (1) (

i) by adding the following after clause (a.1): (a.2) “campaign expense” means a campaign expense described in

section 1.1; (ii) by repealing clause (b)(

v) and substituting the following: (

v) in the case of a nomination contest, the period beginning on the date the nomination contestant is required to register under

section 9.3 and ending 2 months after the day on which a nomination contestant is selected for endorsement as the official candidate of the registered party for an electoral division; (vi) in the case of a lead ership contest, the period beginning on the date the leadership contestant is required to register under

section 9.2 and ending 2

1 Explanatory Notes Explanatory Notes 1 Amends

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

Section 1 presently reads in part: 1(1) In this Act, (b) “campaign period” means (

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

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

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

2 months after the day on which a leadership contestant is selected to be the leader of the registered party; (iii) by repealing clause (c)(

i) and substituting the following: (

i) with respect to an election under the Election Act, a person (

A) who is selected for en dorsement as the official candidate of a registered political party for the electoral division, or (

B) who, after the comme ncement of the campaign period, declares the person’s candidacy as an independent candidate at the election in the electoral division; (iv) by repealing clause (

e) and substituting the following: (e) “contribution” means, subject to subsection (5), any money, real property, goods or services, or the use of real property, goods or services, provided (

i) to a political party, constituency association, candidate, nomination contestant or leadership contestant, or (ii) for the benefit of a political party, constituency association, candidate, nomination contestant or leadership contestant with the consent of the political party, the constituency association, the candidate, the nomination contestant or the leadership contestant, without compensation from that political party, constituency association, candidate, nomination contestant or leadership contestant; (

v) by adding the following after clause (f):

2 Explanatory Notes (iv) in the case of a by-el ection, the period commencing with the issue of a writ for the by-election and ending 2 months after polling day, and (

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

section 9.2, and ending 2 months after the date of the leadership vote; (c) “candidate” means (

i) with respect to an election under the Election Act, a person (

B) who is nominated as a candidate for an electoral division in accordance with the Election Act, (

C) who is nominated by a constituency association of a registered party in an electoral division for endorsation as the official candidate of that party in the electoral division, or (

D) who, on or after the date of the issue of a writ for an election in an electoral division, declares the person’s candidacy as an independent candidate at the election in the electoral division; (ii) with respect to an election under the Senatorial Selection Act, a person (

A) who is nominated as a candidate, (

B) who is nominated by a re gistered political party for endorsation as the official candidate of that party, or (

C) who, on or after the date of the issue of a writ for an election, declares the person’s candidacy as an independent candidate at the election; (e) “contribution” means any m oney, real property or goods or the use of real property or goods that is provided (

i) to a political party, constitu ency association, candidate or leadership contestant, or

3 (f.1) “election period” mean s the period commencing the day the writ of election is issued for an election and ending at the end of the polling day; (vi) by adding the following after clause (i.3): (i.4) “nomination contest” means a process referred to in

section 9.3 for the selection of a person for endorsement as the official candidate of a registered party for an electoral division; (i.5) “nomination contestant” means a person who seeks endorsement in a nomination contest as the official candidate of a registered party for an electoral division; (vii) by adding the following after clause (n.1): (n.2) “registered nomination contestant” means a nomination contestant registered under

section 9.3; (

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

(2.01) The Chief Electoral Officer may issue guidelines (

a) to identify which documents required to be filed under this Act may be filed electronically, and (

b) the manner in which they may be filed, and shall publish any guidelines on the Chief Electoral Officer’s website. (

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

(5) For the purposes of subsection (1)(e), “services” does not include (

a) volunteer labour provided by a person, so long as that person does not receive from his or her employer, or any person, compensation or paid time off to volunteer, (

b) audit and professional services provided free of charge to the recipient for work relating to compliance with this Act,

3 Explanatory Notes (ii) for the benefit of a political party, constituency association, candidate or leadership contestant with the consent of the political party, the constituency association, the candidate or the leadership contestant, without compensation from that political party, constituency association, candidate or leadership contestant; (f) “election” means (

i) an election of a person as a Member of the Legislative Assembly conducted under the Election Act, and (ii) an election of a person unde r the Senatorial Selection Act;

4 (

c) services provided free of charge by a person acting as the chief financial officer for work relating to compliance with this Act, or (

d) services that a candidate, nomination contestant or leadership contestant provides in support of his or her own campaign, but for greater certainty, “services” includes services provided by a person who is self-employed if the services are normally charged for by that person. 3 The following is added after

section 1: Campaign expenses 1.1(1) For the purposes of this Act, a campaign expense is any expense incurred, or non-monetary contribution received, (

a) by a registered party, registered constituency association or registered candidate to the extent that the property or service that the expense was incurred for, or that was received as a non-monetary contribution, is used to directly promote or oppose a registered party, a registered constituency association or a registered candidate during a campaign period, and (

b) by a nomination contestant or leadership contestant, to the extent that the property or service that the expense was incurred for, or that was received as a non-monetary contribution, is used to directly promote or oppose a nomination contestant or leadership contestant during a campaign period of the nomination contestant or leadership contestant, as the case may be,

(2) For the purposes of this section, the use of goods in a 2nd or subsequent election is a non-monetary contribution.

(3) A campaign expense referred to in subsection (1) includes an expense incurred for, or a non-monetary contribution in relation to, (

a) the production of advertising or promotional material,

4 Explanatory Notes 3 Campaign expenses.

5 (

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

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

d) securing a meeting place, or (

e) the conduct of election surveys or other surveys or research during a campaign period.

(3) In subsection (1), “expense incurred” means an expense that is incurred, whether it is paid or unpaid. 4

Section 2 is repealed. 5

Section 4(1) is amended (

a) in clause (

a) by adding “, returns or reports” after “financial statements”; (

b) in clause (b) (

i) by striking out “and” at the end of subclause (ii.1) and by adding the following after subclause (ii.1): (ii.2) registered nomination contestants in relation to nomination contests, and (ii) by repealing subclause (iii) and substituting the following: (iii) registered third parties in relation to election advertising or political advertising under

Part 6.1; (

c) by repealing clauses (

d) to (

e) and substituting the following:

5 Explanatory Notes 4

Section 2 presently reads: 2 This Act does not apply to campaigns and conventions carried on or held in relation to constituency association nominations for endorsation of official party candidates. 5

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

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

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

i) registered parties and registered constituency associations, (ii) registered candidates in relation to election campaigns, (ii.1) registered leadership contestants in relation to leadership contests, and

6 (

d) with respect to a regist ered party and a registered constituency association shall publish the financial statements required to be filed with the Chief Electoral Officer under

section 42; (

e) with respect to a regist ered party and a registered constituency association, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which a report is required to be filed with the Chief Electoral Officer under

section 32(3), which statement must include the name of any contributor referred to in the report who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed, (

f) with respect to a regist ered party and a registered candidate, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which a campaign return is required to be filed with the Chief Electoral Officer under

section 43, which statement must include the name of any contributor referred to in the return who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed; (

g) with respect to a registered nomination contestant, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which a nomination contestant campaign return is required to be filed with the Chief Electoral Officer under

section 43.01, which statement must include the name of any contributor referred to in the return who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed; (

h) with respect to a register ed leadership contestant, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which a leadership contestant campaign return is required to be filed with the Chief Electoral Officer under

section 43.02, which statement must include the name of any contributor referred to in the return who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed;

6 Explanatory Notes (iii) registered third parties in relation to election advertising under

Part 6.1; (b.1) may, on the Chief Electoral Officer’s own initiative or at the request of another person or organization, conduct an investigation into any matter that might constitute an offence under this Act; (

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

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

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

section 32(3) or (4), and (ii) the financial statement is required to be filed with the Chief Electoral Officer under

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

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

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

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

section 44.9, which must include the name of any contributor who has contributed to the third party an amount exceeding $250 in the aggregate, and the actual amount contributed.

(2) The Chief Electoral Officer shall after the end of each year prepare a report on the exercise of the Chief Electoral Officer’s functions under this Act, including any recommendations for amendments to this Act, and shall transmit the report to the Standing

7 (

i) with respect to a third party that engages in election advertising, shall publish a statement on the Chief Electoral Officer’s website (

i) within 30 days after the date on which an election advertising return referred to in

section 44.9(1) or a report referred to in

section 44.9(3) is required to be filed, which statement must include the name of any contributor referred to in the return or report who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed, (ii) as soon as reasonably possible after the date on which a report referred to in

section 44.81 is required to be filed with the Chief Electoral Officer, which statement must include the name of any contributor referred to in the report who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed; (

j) with respect to a third party that engages in political advertising, shall publish a statement on the Chief Electoral Officer’s website (

i) within 30 days after the date on which a political advertising report is required to be filed with the Chief Electoral Officer under

section 44.82(2), which statement must include the name of any contributor referred to in the report who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed, and (ii) as soon as reasonably possible after the date on which a report referred to in

section 44.82(5) is required to be filed with the Chief Electoral Officer, which statement must include the name of any contributor referred to in the report who has contributed an amount exceeding $250 in the aggregate, and the actual amount contributed.

7 Explanatory Notes Committee on Legislative Offices, which shall on its receipt lay the report before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting of the Assembly.

8 6

Section 5 is amended (

a) in subsection (2) by adding “nomination contestant,” after “candidate,”; (

b) in subsection (3) by adding “registered nomination contestant,” after “registered candidate,” wherever it occurs. 7

Section 5.2(2) is amended by adding the following after clause (a): (a.1) disclosed to a political party if a constituency association, a candidate, a nomination contestant or a leadership contestant of that political party is the subject of an investigation under this Act, (a.2) disclosed to the Minister responsible for the Alberta Personal Income Tax Act where a contribution has been made or accepted in contravention of this Act for which a receipt has been issued under

section 33,

8 Explanatory Notes 6

Section 5 presently reads in part:

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

section 4(1), a representative of the Chief Electoral Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association, candidate, leadership contestant or third party relevant to the subject-matter of the examination, inquiry or investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

(3) A registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party shall, within 30 days after receiving a written request from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine, provide any information with respect to the financial affairs of the registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act. 7

Section 5.2 presently reads in part:

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

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

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

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

section 44(1), (

d) adduced in evidence at an inquiry, and

9 8

Section 9 is amended (

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

a) accept contributions, or (

b) incur any campaign expenses, unless the candidate is registered under this section. (

b) in subsection (1.1) by striking out “use any funds” and substituting “incur any campaign expenses”; (

c) in subsection (2) (

i) by repealing clause (

a) and substituting the following: (

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

i) has been endorsed as the official candidate of a named registered party in a named electoral division and has enclosed with the candidate’s application a statement to that effect attested to by one of the principal officers of the registered party or the applicable constituency association, or (ii) has, after the co mmencement of the campaign period, declared the candidate’s candidacy as an

9 Explanatory Notes (

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

an Act or regulation of Canada. 8

Section 9 presently reads: 9(1) Subject to subsection (1.1), no candidate and no person acting on behalf of a candidate shall (

a) accept contributions pursuant to

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

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

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

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

a) that, in the case of a candidate under the Election Act, the candidate (ii) has been nominated as a candidate for a named electoral division in accordance with the Election Act, (iii) has been nominated by a named constituency association of a named registered party in a named electoral division for endorsation as the official candidate of that party in the electoral division and enclosing with the candidate’s application a statement to that effect attested to by one of the principal officers of the association, or (iv) has, after the date of the issue of a writ for an election in a named electoral division, declared the candidate’s

10 independent candidate at the election in a named electoral division; (ii) in clause (

g) by striking out “as depositories for” and substituting “for the accounts into which are deposited”; (iii) in clause (

h) by striking out “depository” and substituting “account”; (

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

(3.1) On the receipt by the Chief Electoral Officer of a statement referred to in

section 9.3(10), the nomination contestant selected for endorsement as the official candidate of the registered party is deemed to be a registered candidate and is not required to file an application for registration referred to in subsection (2). (

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

(4.1) A nomination contestant who is deemed under subsection (3.1) to be a registered candidate shall notify the Chief Electoral Officer in writing of any change in the information referred to in subsection (2)(

c) to (

h) within 48 hours of the change.

10 Explanatory Notes candidacy as an independent candidate at the election in that electoral division; (

b) that, in the case of a candi date under the Senatorial Selection Act, the candidate (

i) has been nominated as a candidate in accordance with the Senatorial Selection Act, (ii) has been nominated by a named registered party for endorsation as the official candidate of that party and has enclosed with the candidate’s application a statement to that effect attested to by one of the principal officers of the registered party, or (iii) has, after the date of the issue of a writ for an election, declared the candidate’s candidacy as an independent candidate at the election; (

c) the full name and contact information of the candidate; (

d) the political party affiliation, if any, of the candidate attested to by one of the principal officers of the constituency association; (

e) the address of the place or places where records of the candidate are maintained and of the place to which communications may be addressed; (

f) the name of the chief financ ial officer of the candidate; (

g) the name and address of the financial institutions to be used by or on behalf of the candidate as depositories for contributions made to that candidate; (

h) the names of the signing authorities for each depository referred to in clause (g).

(3) A candidate who files an application under subsection (2) after the issue of a writ for an election shall be registered on the date the application is approved by the Chief Electoral Officer.

(4) When there is any change in the information required to be provided by subsection (2), the registered candidate shall notify the Chief Electoral Officer in writing within 48 hours after the alteration and, subject to

section 10, on receipt of the notice the

11 9

Section 9.1 is amended (

a) by repealing subsections (1) and (2) and substituting the following: Registration of third parties 9.1(1) A third party shall apply for registration under this

section (

a) when it has incurred expenses of $1000 or plans to incur advertising expenses of at least $1000 for election advertising or political advertising, or (

b) when it has accepted advertising contributions of $1000 or plans to accept advertising contributions of at least $1000.

(2) The Chief Electoral Officer shall maintain separate registers as follows: (

a) a register of third parties who engage in election advertising, and (

b) a register of third parties who engage in political advertising.

(2.1) Subject to this section, the Chief Electoral Officer shall register in the appropriate register any third party who is eligible to be registered and who files with the Chief Electoral Officer an application for registration setting out the following: (

a) the name and contact information (

i) if the third party is a person, of the person, (ii) if the third party is a corporation, of the corporation and of the officer who has signing authority for it, and

11 Explanatory Notes Chief Electoral Officer shall vary the register of candidates accordingly.

(5) Notice under subsection (4) may be sent by fax or electronic mail. 9

Section 9.1 presently reads: 9.1(1) A third party shall apply for registration under this

section (

a) when it has incurred expenses of $1000 or plans to incur expenses of at least $1000 for election advertising, or (

b) when it has accepted elec tion advertising contributions of $1000 or plans to accept election advertising contributions of at least $1000.

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

a) the name and contact information (

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

b) the address and telephone number of the place or places in Alberta where records of the third party are maintained and of the place in Alberta where communications may be addressed; (

c) the name, address and telephone number of the chief financial officer responsible for the advertising account of the third party; (

d) the name and address of the financial institution to be used by the third party for its advertising account;

12 (iii) if the third party is a group, of the group and of the principal officers of the group or, if there are no principal officers, the principal members; (

b) whether the third party will be engaging in election advertising or political advertising or both; (

c) in the case of a third party who engages or will be engaging in election advertising, the address and telephone number of the place or places in Alberta where records of the third party are maintained and of the place in Alberta to which communications may be addressed; (

d) in the case of a third party who engages or will be engaging in political advertising, the address and telephone number of the place or places in Canada where records of the third party are maintained and of the place in Canada to which communications may be addressed; (

e) the name and contact information of the chief financial officer responsible for the advertising account of the third party; (

f) the name and address of the financial institution to be used by the third party for its advertising account; (

g) the names of the signing authorities for the advertising account; (

h) any additional information required by the Chief Electoral Officer concerning an advertising account. (

b) in subsection (3) by adding “or political advertising expenses, as the case may be” after “election advertising expenses”; (

c) in subsection (5) by striking out “under this section” and substituting “in a register referred to in subsection (2)(a)”.

12 Explanatory Notes (

e) the names of the signing authorities for the advertising account; (

f) any additional information re quired by the Chief Electoral Officer concerning an advertising account.

(3) If the third party has a governing body, the application must include a copy of the resolution passed by the governing body authorizing the third party to incur election advertising expenses.

(4) The Chief Electoral Officer shall not register a third party if, in the Chief Electoral Officer’s opinion, (

a) the name or the abbreviation of the name of the applicant so nearly resembles the name or abbreviation of the name or a nickname of another registered third party, or of a candidate, political party or political organization that is active anywhere in Alberta, that confusion is likely, or (

b) the proposed name was the name of a registered party or registered third party whose registration was cancelled or whose name was changed since the last general election.

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

a) a corporation that does not carry on business in Alberta; (

b) a person who is not ordi narily resident in Alberta; (

c) a trade union or employee organization that is not an Alberta trade union or Alberta employee organization; (

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

b) or (c); (

e) a registered charity; (

f) a prohibited corporation.

(6) The Chief Electoral Officer shall, as soon as possible after receiving an application, (

a) determine whether the requirements set out in this

section are met,

13 10

Section 9.2 is repealed and the following is substituted: Leadership contest and contestants 9.2(1) Before a leadership contest is held by a registered party, the chief financial officer of the registered party shall file with the Chief Electoral Officer a statement, in the form and manner approved by the Chief Electoral Officer, setting out the particulars of the leadership contest, including (

a) the date of the official call of the leadership contest, (

b) the date fixed for the leadership vote or votes, and (

c) if a fee or deposit is required to be paid by a person as a condition of entering the leadership contest, the estimated cost for holding the leadership contest and the amount of the fee or deposit.

(2) If a fee or deposit is required to be paid as a condition of entering the leadership contest, the amount of the fee or deposit must be reasonable in relation to the cost of holding the leadership contest.

(3) If the Chief Electoral Officer is of the opinion that the amount of the fee or deposit is not reasonable, the registered party shall reduce the amount to an amount acceptable to the Chief Electoral Officer or comply with any direction of the Chief Electoral Officer.

13 Explanatory Notes (

b) notify the persons who signed the application whether the applicant is accepted for registration, and (

c) in the case of a refusal to register, give reasons for the refusal.

(7) When there is any change in the information required to be provided under this section, the registered third party shall notify the Chief Electoral Officer in writing within 30 days after the alteration and, subject to

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

(8) A notice under subsection (7) may be sent by fax or electronic mail. 10

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

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

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

c) the name of the chief financ ial officer of the leadership contestant, (

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

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

f) the date the person became a leadership contestant.

(4) A person who intends to seek the leadership of a registered party shall file an application for registration with the Chief Electoral Officer under this

section at the earliest of the following: (

a) when the person has announced his or her intention to seek the leadership of a registered party; (

b) when the person has incurred campaign expenses in relation to the person’s leadership campaign; (

c) when the person has received contributions in relation to the person’s leadership campaign.

(5) A person who fails to file an application for registration as required under subsection (4) shall not incur a campaign expense or accept a contribution during the campaign period for the leadership contest.

(6) The application for registration must set out (

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

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

c) the name and contact information of the chief financial officer of the leadership contestant, (

d) the name and address of the financial institution where an account has been opened to be used by or on behalf of the leadership contestant for the purpose of participating in the leadership contest, (

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

f) the date the person first received contributions or incurred campaign expenses for the purpose of participating in the leadership contest.

(7) The Chief Electoral Officer shall maintain a register of leadership contestants.

14 Explanatory Notes

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

a) accept contributions, or (

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

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

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

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

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

(8) When there is any change in the information required to be provided under subsection (6), the registered leadership contestant shall notify the Chief Electoral Officer in writing within 48 hours after the change and, subject to

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

(9) Notice under subsection (8) may be sent by fax or electronic mail.

(10) Within 10 days of the conclusion of a leadership contest, the registered party shall submit to the Chief Electoral Officer a statement setting out the full names of the leadership contestants who were considered for leadership of the registered party, the full name of the person selected as the leader and the names of any persons who withdrew as leadership contestants.

(11) This

section applies with respect to a leadership contest that commences after this

section comes into force. Nomination contests and contestants 9.3(1) Before a nomination contest is held by a registered party or registered constituency association, the chief financial officer of the registered party or registered constituency association shall file with the Chief Electoral Officer a statement, in the form and manner approved by the Chief Electoral Officer, setting out the particulars of the nomination contest, including (

a) the date of the official call of the nomination contest, (

b) the date fixed for the selection of the person for endorsement as the official candidate of the registered party for an electoral division, and (

c) if a fee or deposit is required to be paid by a person as a condition of entering the nomination contest, the estimated cost for holding the nomination contest and the amount of the fee or deposit.

(2) If a fee or deposit is required to be paid as a condition of entering the nomination contest, the amount of the fee or deposit must be reasonable in relation to the cost of holding the nomination contest.

15 Explanatory Notes

(3) If the Chief Electoral Officer is of the opinion that the amount of the fee or deposit is not reasonable, the registered party shall reduce the amount to an amount acceptable to the Chief Electoral Officer or comply with any direction of the Chief Electoral Officer.

(4) A person who intends to seek endorsement as the official candidate of a registered party in an electoral division shall file an application for registration with the Chief Electoral Officer under this

section at the earliest of the following: (

a) when the person has announced his or her intention to seek the endorsement as the official candidate of the registered party for the electoral division; (

b) when the person has incurred campaign expenses in relation to the person’s nomination campaign; (

c) when the person has received contributions in relation to the person’s nomination campaign.

(5) A person who fails to file an application for registration as required under subsection (4) shall not accept a contribution or incur a campaign expense during the campaign period for the nomination contest.

(6) The application for registration must set out (

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

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

c) the name and contact information of the chief financial officer of the nomination contestant, (

d) the name and address of the financial institution where an account has been opened to be used by or on behalf of the nomination contestant for the purpose of participating in the nomination contest, (

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

16 Explanatory Notes

17 (

f) the date the person first received contributions or incurred expenses for the purpose of participating in the nomination contest.

(7) The Chief Electoral Officer shall maintain a register of nomination contestants.

(8) When there is any change in the information required to be provided under subsection (6), the registered nomination contestant shall notify the Chief Electoral Officer in writing within 48 hours after the change and, subject to

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

(9) Notice under subsection (8) may be sent by fax or electronic mail.

(10) Within 10 days of the conclusion of a nomination contest, the registered party or registered constituency association shall submit to the Chief Electoral Officer a statement setting out the full names of the nomination contestants who were considered for endorsement, the full name of the person selected for endorsement as the official candidate of the registered party for the electoral division and the names of any persons who withdrew as nomination contestants. 11

Section 10 is amended (

a) by adding the following after subsection (2.1):

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

b) in subsection (3) by striking out “42” and substituting “32, 42”; (

c) by repealing subsection (4.1) and substituting the following:

(4.1) If the chief financial officer of a third party fails to file a report under

section 44.81 or 44.82, an election advertising

17 Explanatory Notes 11

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

a) a registered party on application by the registered party, (

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

c) a registered third party on application by the third party.

(1.1) If after this subsection comes into force a registered party does not endorse a candidate in a general election, the Chief Electoral Officer shall cancel the registration of that party unless that registered party had endorsed a candidate at the most recent election under the Senatorial Selection Act.

18 return or report under

section 44.9 or an audited financial statement under

section 44.91, the Chief Electoral Officer may cancel the registration of the third party. (

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

e) in subsection (6) (

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

d) and by adding the following after clause (d): (d.1) the nomination contestant and the registered party and registered constituency association concerned when the registration of that nomination contestant is cancelled, or (

f) in subsections (7) and (8) by adding “nomination contestant,” after “candidate,”; (

g) in subsection (9) (

i) by adding “nomination contestant,” after “association, candidate,”; (ii) in clause (

c) by adding “and registered party, if any” after “decision to the candidate”; (iii) by striking out “or” at the end of clause (

c) and by repealing clause (c.1) and substituting the following: (c.1) if the cancellation involves a nomination contestant, give written notification of the Chief Electoral Officer’s decision to the nomination contestant and the registered party and registered constituency association concerned, (c.2) if the cancellation invo lves a leadership contestant, give written notification of the Chief Electoral Officer’s decision to the leadership contestant and the registered party concerned, or

18 Explanatory Notes

(2) If (

a) a registered candidate who was nominated in accordance with the Election Act or the Senatorial Selection Act withdraws the candidate’s candidacy in accordance with that Act, or (

b) a person who becomes a re gistered candidate before becoming nominated in accordance with the Election Act or the Senatorial Selection Act does not in fact become so nominated, that person shall so notify the Chief Electoral Officer in writing and the Chief Electoral Officer shall cancel the registration of that person.

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

(3) If the chief financial officer of a registered party or registered constituency association fails to comply with

section 42 or 43, the Chief Electoral Officer may cancel the registration of the registered party or constituency association, as the case may be.

(4) If a constituency association or a person acting for the constituency association accepts contributions in respect of an election under the Senatorial Selection Act, the Chief Electoral Officer may cancel the registration of the constituency association.

(4.1) If the chief financial officer of a third party fails to file an election advertising report under

section 44.9 or 44.92, the Chief Electoral Officer may cancel the registration of the third party.

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

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

b) obtained registration on the basis of an application that was false in any material particular,

19 (

h) by repealing subsection (11) and substituting the following:

(11) When the registration of a political party or constituency association is cancelled under subsection (3) for failure to comply with

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

section 42 or the campaign return required by

section 43, as the case may be, that was not filed has been filed with the Chief Electoral Officer and the late filing fee has been paid in accordance with

section 43.2. (

i) in subsection (11.1) by adding “financial” before “statement”; (

j) in subsection (12) by striking out “or candidate” wherever it occurs and substituting “, candidate, nomination contestant or leadership contestant”; (

k) by repealing subsection (13) substituting the following:

(13) When the registration of a third party is cancelled, all funds in the advertising account must be dealt with in accordance with

section 44.92.

19 Explanatory Notes the Chief Electoral Officer may cancel the registration of the registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party.

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

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

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

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

d) the third party, when the regi stration of that third party is cancelled, or (

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

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

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

(9) Following the review of a cancellation, the Chief Electoral Officer may withdraw or confirm the cancellation of the registration

20 Explanatory Notes of the political party, constituency association, candidate, leadership contestant or third party, as the case may be, and shall, (

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

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

c) if the cancellation involves a candidate, give written notification of the Chief Electoral Officer’s decision to the candidate, or (c.1) if the cancellation involves a leadership contestant, give written notification of the Chief Electoral Officer’s decision to the leadership contestant, or (

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

(10) When the registration of a political party is cancelled, the registration of the registered constituency associations of that political party is accordingly also cancelled and the Chief Electoral Officer shall forthwith give written notification of the cancellations to those constituency associations.

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

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

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

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

(12) When the registration of a political party, constituency association or candidate is cancelled, all funds of the political party, constituency association or candidate not required to pay the outstanding debts of the political party, constituency association or candidate shall be paid over to the Chief Electoral Officer and held by the Chief Electoral Officer in trust for the political party,

21 12

Section 10.1 is amended (

a) by adding “registered nomination contestant,” after “registered candidate,” wherever it occurs; (

b) by adding “, returns or reports” after “financial statements”. 13

Section 11(2) is repealed and the following is substituted:

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

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

section 9.2 or of a registered nomination contestant included in the register under

section 9.3 is not public information. 14 The following is added after

section 12:

21 Explanatory Notes constituency association or candidate and, if that political party, constituency association or candidate does not again become registered under this Act within a period of one year following cancellation of the registration, the funds shall be paid into the General Revenue Fund.

(13) When the registration of a third party is cancelled, all funds in the third party advertising account not required to pay for third party election advertising expenses must be dealt with in accordance with

section 44.92 as if they were a surplus referred to in that section. 12

Section 10.1 presently reads: 10.1 A registered party, registered constituency association, registered candidate, registered leadership contestant and registered third party shall retain all of the records of that registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party for a period of 3 years following the date on which the financial statements required under this Act for the period to which the records relate are required to be filed. 13

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

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

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

section 9.2 is not public information.

(3) Copies of any document referred to in subsection (1) may be obtained on payment for the preparation of the copies at the rates that the Chief Electoral Officer determines. 14 Surpluses — nomination contestants; Surpluses — leadership contestants.

22 Surpluses — nomination contestants 12.1(1) Any campaign funds held by a nomination contestant at the end of a campaign period for the nomination contest must, (

a) if the nomination contesta nt is selected for endorsement as the official candidate of the registered party, (

i) be held by the nomination contestant to be expended for his or her candidacy in the election, or (ii) be transferred to the registered party or registered constituency association for which the nomination contestant sought endorsement, or (

b) if the nomination contestant is not selected, at the option of the nomination contestant, at the time the nomination contestant campaign return is required to be filed under

section 43.01, (

i) be transferred to the re gistered party or registered constituency association for which the nomination contestant sought endorsement, or (ii) be returned to the contributors who contributed to the nomination contestant’s campaign in accordance with the directions of the Chief Electoral Officer.

(2) A nomination contestant who has not complied with subsection (1)(

b) within 30 days after the day on which the nomination contestant campaign return is required to be filed under

section 43.01 must immediately pay those funds to the Chief Electoral Officer for deposit in the General Revenue Fund. Surpluses — leadership contestants 12.2(1) Any campaign funds held by a leadership contestant at the end of a campaign period for the leadership contest must, at the time the leadership contestant campaign return is required to be filed under

section 43.02, at the option of the leadership contestant,

22 Explanatory Notes

23 (

a) be transferred to the registered party of which the leadership contestant sought the leadership, or (

b) be returned to the contributors who contributed to the leadership contestant’s campaign in accordance with the directions of the Chief Electoral Officer.

(2) A leadership contestant who has not complied with subsection (1) within 30 days after the day on which the leadership contestant campaign return is required to be filed under

section 43.02 must immediately pay those funds to the Chief Electoral Officer for deposit in the General Revenue Fund.

(3) Notwithstanding subsections (1) and (2), for the purposes of any leadership contests occurring when this

section comes into force, any campaign funds held by a leadership contestant at the end of a campaign period for the leadership contest must be returned to the contributors in accordance with the directions of the Chief Electoral Officer. 15

Section 13 is amended (

a) in subsection (2) (

i) by striking out “Money or goods” and substituting “Money, goods or services, or the use of goods or services,”; (ii) by striking out “donor” and substituting “person”; (

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

(3) A fee or deposit required to be paid by a person to enter a nomination contest or a leadership contest is not a contribution for the purposes of this Act but must be recorded as to amount and source by the registered party or registered constituency association that receives the funds. 16

Section 14(1) and (2) are amended by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”.

23 Explanatory Notes 15

Section 13(2) presently reads:

(2) Money or goods provided by any person that do not exceed $50 in the aggregate are not a contribution for the purposes of this Act but shall be recorded as to the gross amount by the chief financial officer of the recipient unless the donor specifically requests that the amount be considered a contribution. 16

Section 14 presently reads:

24 17

Section 15.1 is amended by striking out “of a limit” and substituting “of the limit”. 18

Section 16 is amended by adding “, registered nomination contestant, registered leadership contestant” after “registered constituency association” wherever it occurs. 19

Section 17 is repealed and the following is substituted: Limitation on contributions 17(1) Contributions by a person ordinarily resident in Alberta shall not exceed in any year $4000, as adjusted in accordance with

section 41.5, in the aggregate to any of the following or to any combination of them: (

a) a registered party; (

b) a registered constituency association; (

c) a registered candidate;

24 Explanatory Notes 14(1) All financial contributions accepted by or on behalf of a registered party, registered constituency association or registered candidate shall be paid into an appropriate depository on record with the Chief Electoral Officer.

(2) When any contribution of other than money, accepted by or on behalf of a registered party, registered constituency association or registered candidate, is converted at any time into money, that amount shall be paid into an appropriate depository on record with the Chief Electoral Officer. 17

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

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

Section 16 presently reads: 16(1) Only a person ordinarily resident in Alberta may make a contribution to a registered party, registered constituency association or registered candidate.

(2) A prohibited person or entity shall not make a contribution to a registered party, registered constituency association or registered candidate. 19

Section 17 presently reads: 17(0.1) This

section does not apply to an election under the Senatorial Selection Act.

(1) Contributions by a person ordinarily resident in Alberta shall not exceed (

a) in any year, (i) $15 000 to each registered party, and

25 (

d) a registered nomination contestant; (

e) a registered leadership contestant.

(2) Contributions may be made to a registered constituency association at any time except during a campaign period for an election in that electoral division.

(3) No contributions may be made to a registered candidate except during a campaign period for an election.

(4) No contributions may be made to a registered nomination contestant except during the campaign period for the nomination contest.

(5) No contributions may be made to a registered leadership contestant except during the campaign period for the leadership contest.

(6) Any money paid during a campaign period out of the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s own funds for the purposes of the campaign for which the person is not reimbursed from the person’s campaign account (

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

b) must be paid into the account of the registered candidate, registered nomination contestant or registered leadership contestant on record with the Chief Electoral Officer.

(7) Subject to this section, a registered candidate, registered nomination contestant or registered leadership contestant may lawfully contribute to the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s campaign an amount from the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s own funds.

(8) If the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s campaign expenses paid from the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s own funds exceed the maximum limit allowed for a contributor, the excess amount must be reimbursed to the registered

25 Explanatory Notes (ii) $1000 to any registered constituency association, and $5000 in the aggregate to the registered constituency associations of each registered party, and (

b) in any campaign period, (i) $30 000 to each registered party less any amount contributed to the party in that calendar year under clause (a)(i), and (ii) $2000 to any registered candidate, and $10 000 in the aggregate to the registered candidates of each registered party.

(2) If writs for 2 or more by-elections bear the same date and provide for the same polling day, all the by-elections are deemed to be one election for the purposes of subsection (1)(b).

(3) Contributions may be made to a registered constituency association at any time except during a campaign period.

(4) No contributions may be made to a candidate except during a campaign period.

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

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

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

26 candidate, registered nomination contestant or registered leadership contestant from the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s campaign account, as the case may be. (9) Subsection (1) does not apply with respect to contributions made to and accepted by a leadership contestant while participating in any leadership contest occurring when this

section comes into force. 20

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

section 17.

(2) A chief financial officer who learns that a contribution in excess of the limit prescribed by

section 17 was accepted by or on behalf of the registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant for whom the chief financial officer acts 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. 21

Section 21.1(1) is amended by striking out “or registered candidate” wherever it occurs and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”.

26 Explanatory Notes 20

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

section 17.

(2) If the chief financial officer learns that a contribution was accepted by or on behalf of the registered party, registered constituency association or registered candidate for whom the chief financial officer acts in excess of the limits imposed by

section 17, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances. 21

Section 21.1(1) presently reads: 21.1(1) Any anonymous contribution in excess of $50 and any contribution or portion of a contribution made in contravention of this Act accepted by a registered party, registered constituency association or registered candidate must not be used or expended, and the registered party, registered constituency association or registered candidate

27 22

Section 22 is amended (

a) in subsection (1) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (

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

(2) If any real property, goods or services, or the use of real property, goods or services, is provided to or for the benefit of a registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant 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 this Act. 23

Section 23 is amended by striking out “or registered candidate” wherever it occurs and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”.

27 Explanatory Notes (

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. 22

Section 22 presently reads: 22(1) The value of contributions other than money provided to a registered party, registered constituency association or registered candidate is the market value of the contribution at that time.

(2) If any real property or goods or the use of real property or goods is provided to a political party, constituency association or candidate registered under this Act 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 this Act. 23

Section 23 presently reads: 23(1) In this section, “fund-raising function” includes any social function held for the purpose of raising funds for the registered party, registered constituency association or registered candidate by whom or on whose behalf the function is held.

(2) The gross income from any fund-raising function must be recorded by the chief financial officer of the registered party, registered constituency association or registered candidate 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 registered party, registered constituency association or registered candidate, the amount of the contribution is to be determined under clause (

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

a) if the individual charge (

i) is $50 or less, it is not considered to be a contribution unless the person who pays the charge specifically requests that it be so considered, in which case 1/2 of the

28 24

Section 24 is amended (

a) by striking out “or registered constituency association” and substituting “, registered constituency association, registered nomination contestant or registered leadership contestant”; (

b) by striking out “political party or constituency association” and substituting “political party, constituency association, nomination contestant or leadership contestant”. 25

Section 29 is amended (

a) in subsection (1) (

i) by striking out “and candidate” and substituting “, candidate, nomination contestant and leadership contestant”; (ii) by striking out “its application” and substituting “an application”;

28 Explanatory Notes amount is allowed for expen ses and 1/2 is considered to be a contribution, (ii) is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be a contribution, and (iii) is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be a contribution; (

b) the amount of the contributio n 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 registered party, registered constituency association or registered candidate, as the case may be. 24

Section 24 presently reads: 24 When, at a meeting held on behalf of or in relation to the affairs of a registered candidate, registered party or registered constituency association, 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 this Act but shall be recorded as to the gross amount by the chief financial officer of the candidate, political party or constituency association, as the case may be. 25

Section 29 presently reads in part: 29(1) Every political party, constituency association and candidate shall, before filing its application for registration with the Chief Electoral Officer, appoint a chief financial officer.

(2) When a chief financial officer appointed pursuant to subsection (1) ceases for any reason to hold that office, the political party, constituency association or candidate, as the case may be, shall forthwith appoint another chief financial officer.

29 (

b) in subsection (2) by striking out “or candidate” and substituting “, candidate, nomination contestant or leadership contestant”; (

c) in subsection (4)(d)(ii) by striking out “financial statement” and substituting “campaign return”. 26

Section 30 is amended (

a) in subsection (1) (

i) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (ii) by striking out “or candidate” and substituting “, candidate, nomination contestant or leadership contestant”; (iii) in clause (

b) by striking out “a depository” and substituting “an account”; (iv) by adding the following after clause (c):

29 Explanatory Notes

(4) A person is prohibited from being a chief financial officer under this Act for a registered party, registered constituency association, registered candidate or registered third party if (

a) the Speaker has laid a report before the Assembly pursuant to

section 44(1), (

b) that person was the chief financial officer of the registered candidate referred to in the report, (

c) the Court did not dispense with compliance with

section 43(2) or 43.1, as the case may be, by an order under

section 44(3), and (

d) the date the person seeks to be a chief financial officer under this Act occurs within (

i) the 8-year period following the day on which the Speaker laid the report before the Assembly, or (ii) where the financial statemen t has been filed with the Chief Electoral Officer in the case of a non-compliance with

section 43(2) or 43.1, as the case may be, the 5-year period following the day of filing, whichever period expires first. 26

Section 30 presently reads: 30(1) The chief financial officer of a registered party, registered constituency association or registered candidate is responsible, with respect to the affairs of the party, constituency association or candidate 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 this Act, (

b) contributions are placed in a depository on record with the Chief Electoral Officer, (

c) proper receipts are completed and dealt with in accordance with this Act,

30 (c.1) every payment of more than $25 made by the registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant 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; (

v) by repealing clause (

d) and substituting the following: (

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

b) in subsection (2) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”. 27

Section 31 is amended (

a) by adding “, registered nomination contestant or registered leadership contestant” after “registered candidate”; (

b) by adding “, nomination contestant’s or leadership contestant’s” after “candidate’s”. 28

Section 32 is amended (

a) in subsection (1) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (

b) in subsection (2) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (

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

30 Explanatory Notes (

d) the financial statements as required by sections 42 and 43 are filed with the Chief Electoral Officer in accordance with this Act, and (

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

(2) The chief financial officer of a registered party, registered constituency association or registered candidate shall make every reasonable effort to advise prospective contributors of the provisions of this Act relating to contributions. 27

Section 31 presently reads: 31 No contribution shall be accepted by a registered candidate otherwise than through the candidate’s chief financial officer. 28

Section 32 presently reads in part: 32(1) When any person accepts contributions in any year on behalf of a registered party, registered constituency association or registered candidate, the chief financial officer shall record all the contributions, including the names and the addresses of the contributors and the dates on which the contributions were made.

(2) All contributions referred to in subsection (1) accepted on behalf of a registered party or registered candidate during a campaign period shall be recorded separately from other contributions accepted during that year.

(3) Every registered party and registered constituency association shall file with the Chief Electoral Officer, in the form and manner approved by the Chief Electoral Officer, (

a) within 15 days after the end of each quarter of each year a return setting out (

i) the total amount of all contributions received during the quarter that did not exceed $50 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 quarter exceeded an aggregate of $50, and (

b) within the period during which an annual financial statement must be filed under

section 42, a return setting out for the previous year (

i) the total amount of all contributions received that did not exceed $50 in the aggregate from any single contributor, and (ii) the total amount contributed that, together with the contributor’s name and address, when the contribution of that contributor during the year exceeded an aggregate of $50, but in the case of a registered party returns under clauses (

a) and (

b) shall not include the information relating to contributions made during the campaign period.

(3.1) Subject to subsection (4.1), the name of a contributor referred to in subsection (3)(a)(ii) and (b)(ii) who did not contribute more than $250 in a quarter shall not be disclosed in a statement published on the Chief Electoral Officer’s website under

section 4(1)(e). (

d) in subsection (4) (

i) by striking out “financial statement” and substituting “campaign return”;

31 Explanatory Notes

(3) Every registered party and registered constituency association shall file with the Chief Electoral Officer, in the form and manner approved by the Chief Electoral Officer, (

a) within 15 days after the end of each quarter of each year a return setting out (

i) the total amount of all contributions received during the quarter 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 quarter exceeded an aggregate of $250, and (

b) within the period during which an annual financial statement must be filed under

section 42, a return setting out for the previous year (

i) the total amount of all contributions received that did not exceed $250 in the aggregate from any single contributor, and (ii) the total amount contributed that, together with the contributor’s name and address, when the contribution of that contributor during the year exceeded an aggregate of $250, but in the case of a registered party returns under clauses (

a) and (

b) shall not include the information relating to contributions made during the period commencing the day a writ of election is issued and concluding at the end of polling day.

(4) Every registered party and registered candidate shall file with the Chief Electoral Officer, in the form and manner approved by the Chief Electoral Officer, within the period during which a financial statement must be filed relating to a campaign period under

section 43, a return setting out (

a) the total amount of all contributions received during the campaign period that did not exceed $250 in the aggregate from any single contributor, and

32 (ii) by striking out “a return” and substituting “a report”; (

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

(4.1) A report under subsection (3)(

a) for the 2nd, 3rd and final quarters must also include the total amounts contributed by a contributor when the contributions of that contributor exceeded $250 in the aggregate on a year-to-date basis, together with the contributor’s name and address.

(4.2) Every registered nomination contestant shall file with the Chief Electoral Officer a report setting out, in the form and manner approved by the Chief Electoral Officer, (

a) the total amount of all contributions received during the campaign period for the nomination contest that did not exceed $250 in the aggregate from any single contributor, and (

b) the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the campaign period for the nomination contest exceeded $250 in the aggregate.

(4.3) Every registered leadership contestant shall file with the Chief Electoral Officer a report setting out, in the form and manner approved by the Chief Electoral Officer, (

a) the total amount of all contributions received during the campaign period for the leadership contest that did not exceed $250 in the aggregate from any single contributor, and (

b) the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the campaign period for the leadership contest exceeded $250 in the aggregate. (

f) in subsection (5) by striking out “returns” and substituting “reports”.

32 Explanatory Notes (

b) the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the campaign period exceeded an aggregate of $250.

(5) Separate returns must be filed for contributions made in respect of an election under the Election Act and those made in respect of an election under the Senatorial Selection Act.

33 29

Section 33 is amended (

a) by striking out “and registered candidate” and substituting “, registered candidate, registered nomination contestant and registered leadership contestant”; (

b) by repealing clause (

a) and substituting the following: (

a) whether it has been issued in respect of an election, a nomination contest or a leadership contest, 30

Section 34 is amended (

a) in subsections (1) and (1.1) by striking out “or registered candidate” wherever it occurs and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (

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

(2) No registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant and no person acting on behalf of a registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant shall solicit or accept a contribution if the registered party, registered constituency association, registered candidate, registered nomination contestant, registered leadership contestant or person knows or ought to know that the contribution is contrary to subsection (1). (

c) in subsection (3) by striking out “or registered candidate” and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”.

33 Explanatory Notes 29

Section 33 presently reads: 33 Every registered party, registered constituency association and registered candidate 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) whether it has been issued in respect of an election under the Election Act or an election under the Senatorial Selection Act, (

b) that the contributor acknow ledges that the contribution is made in compliance with this Act, and (

c) where information about the making of contributions can be found. 30

Section 34 presently reads: 34(1) No person shall contribute to a registered party, registered constituency association or registered candidate (

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

b) funds that have been given or furnished to the person by another person or any prohibited person or entity for the purpose of making a contribution of those funds to that registered party, registered constituency association or registered candidate.

(1.1) No person and no prohibited person or entity shall give or furnish funds to another person for the purpose of having that other person make a contribution of those funds to a registered party, registered constituency association or registered candidate.

(2) No registered party, registered constituency association or registered candidate and no person acting on behalf of a registered party, registered constituency association or registered candidate shall solicit or accept a contribution if the registered party, registered constituency association, registered candidate or person knows or ought to know that the contribution is contrary to subsection (1).

34 31

Section 35 is amended (

a) in subsection (1) by striking out “or registered candidate” wherever it occurs and substituting “, registered candidate, registered nomination contestant or registered leadership contestant”; (

b) in subsection (2) by striking out “or candidate” and substituting “, candidate, nomination contestant or leadership contestant”. 32

Section 36 is repealed and the following is substituted: Funds from federal parties 36 No registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant may accept funds from a federal political party, electoral district association or candidate registered under the Canada Elections Act (Canada) in respect of an election under the Elections Act or a nomination contest or leadership contest under this Act.

34 Explanatory Notes

(3) If the chief financial officer learns that a contribution received by or on behalf of the registered party, registered constituency association or registered candidate for whom the chief financial officer acts was made contrary to subsection (1), the chief financial officer shall, within 30 days after learning that the contribution was made contrary to subsection (1), advise the Chief Electoral Officer in writing of the fact and circumstances. 31

Section 35 presently reads: 35(1) No registered party, registered constituency association or registered candidate shall, directly or indirectly, (

a) solicit or accept a contribu tion if the registered party, registered constituency association or registered candidate knows or ought to know that the prospective contributor is a prohibited person or entity, or (

b) contribute or transfer funds to any political party, constituency association or candidate not registered under this Act.

(2) If the chief financial officer learns that a contribution from a prohibited person or entity was accepted by or on behalf of the political party, constituency association or candidate for whom the chief financial officer acts, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances. 32

Section 36 presently reads: 36 No registered party, registered constituency association or registered candidate may accept funds from a federal political party, electoral district association or registered candidate registered under the Canada Elections Act (Canada) in respect of an election under this Act.

35 33

Section 38 is repealed and the following is substituted: Transfers within parties 38(1) A registered party and any of its registered constituency associations and registered candidates may transfer to or accept from each other (

a) funds or real property or the use of real property, or (

b) debts incurred during a campaign period for the purpose of eliminating a campaign deficit under

section 43.1, and the debts or the funds or real property, or the use of real property, so accepted shall not be considered as contributions for the purposes of this Act but shall be recorded as to source and amount, and any funds accepted shall be deposited in an appropriate account on record with the Chief Electoral Officer.

(2) A registered party and any of its registered constituency associations, registered candidates, registered nomination contestants and registered leadership contestants may transfer to and accept from each other goods or services or the use of goods or services, and the goods or services or the use of goods or services so accepted shall not be considered as contributions for the purposes of this Act but shall be recorded as to source and amount.

(3) A transfer under this

section is not an election expense for the purpose of

Part 5.1. 34

Section 39.1 is repealed.

35 Explanatory Notes 33

Section 38 presently reads: 38 A registered party and any of its registered constituency associations or registered candidates may annually transfer to or accept from each other (

a) funds or real property or goods or the use of real property or goods, or (

b) debts incurred during a campaign period for the purpose of eliminating a campaign deficit under

section 43.1, and the funds, real property or goods or the use of real property or goods, or the debts, so accepted by the registered party, registered constituency association or registered candidate shall not be considered as contributions for the purposes of this Act but shall be recorded as to source, and any funds accepted shall be deposited in an appropriate depository on record with the Chief Electoral Officer. 34

Section 39.1 presently reads: 39.1 A candidate may lawfully contribute to the candidate’s election campaign an amount from the candidate’s personal funds to the limit prescribed for a contributor in

section 17(1)(b)(ii) or 18(1)(b)(ii), as the case may be, and if the candidate’s expenses paid from the candidate’s personal funds exceed the maximum limit allowed for a contributor, the excess amount must be reimbursed to the candidate from the candidate’s campaign account.

36 35

Part 5 is repealed and the following is substituted:

Part 5 Loans and Guarantees Borrowing 40(1) A registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant (

a) may borrow money only 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) Only a person ordinarily resident in Alberta may make a payment on behalf of the borrower in respect of a loan to which subsection (1) applies.

(3) Any payment in respect of a loan to which subsection (1) applies made by a person referred to in subsection (2) becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35, (

a) a contribution by that person, and (

b) a contribution accepted by the borrower, if the person is not reimbursed by the borrower before the borrower is next required to file the applicable financial statement or return.

(4) This

section does not apply to the borrowing of money by a registered candidate, registered nomination contestant or registered leadership contestant for purposes unrelated to the candidate’s, nomination contestant’s or leadership contestant’s campaign.

(5) Any loan made under this

section that is in effect on the coming into force of this

section and that is secured by a guarantee or by the provision of collateral security under

section 41

36 Explanatory Notes 35

Part 5 presently reads:

Part 5 Loans 40(1) A registered party, registered constituency association or registered candidate (

a) may borrow money only 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) Only the following may make a payment on behalf of the borrower in respect of a loan to which subsection (1) applies: (

a) a person ordinarily re sident in Alberta; (

b) a corporation that is not a prohibited corporation; (

c) an Alberta trade union; (

d) an Alberta employee organization.

(3) Any payment in respect of a loan to which subsection (1) applies made by a person or entity referred to in subsection (2) becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35, (

a) a contribution by that person or entity, and (

b) a contribution accepted by the borrower, if the person or entity is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to

section 42 or 43.

(4) This

section does not apply to the borrowing of money by a registered candidate for purposes unrelated to the candidate’s campaign.

(5) In subsections (6) and (8), “former Act” means the Election Finances and Contributions Disclosure Act as it read immediately before the coming into force of this subsection.

37 (

a) by an Alberta trade union or an Alberta employee organization or by a corporation that is not a prohibited corporation, or (

b) that exceeds the limit prescribed by

section 17, must be repaid or renegotiated in accordance with the timeline and terms developed under subsection (6) or (7), and no further advances on the loan shall be made on or after the coming into force of this section.

(6) The Chief Electoral Officer shall consult with the borrowers and the guarantors or providers of the collateral security in order to develop a reasonable timeline and terms for the repayment or renegotiation of the loan.

(7) Where the Chief Electoral Officer is of the opinion that an arrangement cannot be concluded in order to provide for the repayment or renegotiation of the loan, the borrower and the guarantor or the provider of a collateral security shall comply with any direction of the Chief Electoral Officer. Guarantees 41(1) Only a person ordinarily resident in Alberta may sign, co-sign or otherwise guarantee or provide collateral security for any loan, monetary obligation or indebtedness on behalf of or in the interest of any registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant.

(2) Only a person ordinarily resident in Alberta may make a payment on behalf of the guarantor or the provider of the collateral security to which subsection (1) applies.

(3) Subject to subsection (6), a guarantee or the providing of collateral security referred to in subsection (1) to a registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant shall not exceed the limit prescribed by

section 17.

(4) A guarantee made or the providing of collateral security under subsection (1) by a person in a year is a contribution for the purposes of

section 17 for that year but is not a contribution for the purposes of

section 33 of this Act or

section 24 of the Alberta Personal Income Tax Act at the time of making the guarantee or providing the collateral security.

37 Explanatory Notes

(6) Notwithstanding subsections (2) and (3) but subject to subsection (8), with respect to a loan entered into before June 15, 2015 under

section 40 of the former Act, a payment made by an entity referred to in subsection (2)(b), (

c) or (

d) on behalf of a borrower before December 31, 2015 that is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to

section 42 or 43 is a contribution by that entity, and (

a) that contribution is not a c ontravention of

section 16(2) by that entity, and (

b) the registered party, registered constituency association or registered candidate is considered to have accepted the contribution in contravention of

section 35(1)(a).

(7) In the case of a payment made on or after June 15, 2015, subsection (6)(

a) applies only if the borrower is in default on the loan at the time of the payment. (8) Subsection (6) does not apply in respect of a payment that was considered under

section 40(2) of the former Act to be a contribution. 41(1) Only the following may sign, co-sign or otherwise guarantee or provide collateral security for any loan, monetary obligation or indebtedness on behalf of or in the interest of any registered party, registered constituency association or registered candidate: (

a) a person ordinarily re sident in Alberta; (

b) a corporation that is not a prohibited corporation; (

c) an Alberta trade union; (

d) an Alberta employee organization.

(2) Any payment required to be made on behalf of or in the interest of a registered party, registered constituency association or registered candidate by a person or entity acting under subsection (1) becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35, (

a) a contribution by that person or entity, and (

b) a contribution accepted by the borrower,

(5) A payment made by the guarantor is not a contribution for the purposes of

section 17 but is a contribution for the purposes of

section 33 and may be considered a contribution in respect of

section 24 of the Alberta Personal Income Tax Act at the time of the payment.

(6) A registered candidate may sign or otherwise guarantee or provide collateral security for any loan, monetary obligation or indebtedness on behalf of or in the interest of the registered party for which the registered candidate is the official candidate for amounts that in the aggregate do not exceed $25 000 as adjusted in accordance with

section 41.5, and a guarantee or collateral security provided under this subsection or a payment made by the registered candidate when acting on the guarantee or collateral security is not a contribution.

(7) Any payment made by a person other than a guarantor or borrower on behalf of or in the interest of a registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35, (

a) a contribution by that person, and (

b) a contribution accepted by the borrower, if the person is not reimbursed by the borrower before the borrower is next required to file the applicable financial statement or return.

(8) A guarantee made or the providing of collateral security under subsection (1) in a year must be recorded by the registered party, registered constituency association, registered candidate, registered nomination contestant or registered leadership contestant, as the case may be, and the details of the guarantee or of the providing of the collateral security must be included in a financial statement under

section 42 or a campaign return under sections 43 to 43.02, as applicable.

(9) This

section does not apply to payments made on behalf of or in the interest of a registered candidate, registered nomination contestant or registered leadership contestant for

38 Explanatory Notes if the person or entity is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to

section 42 or 43.

(3) This

section does not apply to payments made on behalf of a registered candidate for purposes unrelated to the candidate’s campaign.

(4) In subsections (5) and (6), “former Act” means the Election Finances and Contributions Disclosure Act as it read immediately before the coming into force of this section.

(5) Notwithstanding subsections (1) and (2) but subject to subsection (6), with respect to a guarantee given or security provided before June 15, 2015 under

section 41 of the former Act, a payment made by an entity acting under subsection (1)(b), (

c) or (

d) before December 31, 2015 that is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to

section 42 or 43 is a contribution by that entity, and (

a) the contribution is not a co ntravention of

section 16(2) by that entity, and (

b) the registered party, registered constituency association or registered candidate is considered to have accepted the contribution in contravention of

section 35(1)(a). (6) Subsection (5) does not apply in respect of a payment that was considered under

section 41(2) of the former Act to be a contribution.

39 purposes unrelated to the candidate’s, nomination contestant’s or leadership contestant’s campaign. 36 The following is added after

section 40:

Part 5.1 Maximum Expense Limits Election expenses 41.1(1) In this Part, “election expense”, subject to this Part, means any expense incurred, or non-monetary contribution received, (

a) by a registered party, registered constituency association or registered candidate, 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 registered party, its leader or a candidate during an election period; (

b) by a nomination contestant, 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 nomination contestant during a nomination contest.

(2) For the purposes of this section, the use of goods in a 2nd or subsequent election is a non-monetary contribution.

(3) An election expense referred to in subsection (1) includes an expense incurred for, or a non-monetary contribution in relation to, (

a) the production of advertising or promotional material, (

b) the distribution, broadcast or publication of advertising or promotional material in any media or by any other means during the election period, including by the use of a capital asset,

39 Explanatory Notes 36 Adds

Part 5.1, Maximum Expense Limits, sections 41.1 to 41.5.

40 (

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

d) securing a meeting space, or (

e) the conduct of election surveys or other surveys or research during an election period.

(4) In this section, “expense incurred” means an expense that is incurred, whether it is paid or unpaid. Election expense limits — registered parties 41.2(1) No registered party and no chief financial officer of a registered party shall incur election expenses in respect of a general election that exceed in the aggregate $2 000 000 as adjusted under

section 41.5.

(2) No registered party and no chief financial officer of a registered party shall incur election expenses in respect of a by-election for an electoral division that exceed in the aggregate $23 000 as adjusted in accordance with

section 41.5.

(3) The following expenses are not election expenses for the purposes of subsections (1) and (2): (

a) audit and professional fees necessary for compliance with this Act by the registered party; (

b) expenses incurred to hold a conference or convention of a registered party; (

c) expenses incurred by a registered party to operate a permanent office, including the salaries and wages paid to permanent staff members working in the office during the election period; (

d) reasonable incidental expenses incurred by or on behalf of volunteers.

(4) The chief financial officer of the registered party shall prepare an expense limit report for the purpose of a return required to be filed under

section 43 relating to the election expenses incurred by the registered party in relation to the election period.

40 Explanatory Notes

(5) For the purposes of subsections (1) and (2), (

a) an election expense incurred by a registered party on behalf of 2 or more registered candidates is an election expense incurred by the registered party, and (

b) an election expense incurred by a registered constituency association on behalf of its registered party is an election expense incurred by the registered party. Election expense limits - registered candidates 41.3(1) No registered candidate and no chief financial officer of a registered candidate shall incur election expenses in respect of an election in an electoral division that exceed in the aggregate $50 000 as adjusted in accordance with

section 41.5.

(2) The following expenses are not election expenses for the purposes of subsection (1): (

a) a registered candidate’s travel expenses reasonably related to the election, including meals and accommodation; (

b) a registered candidate’s child care expenses; (

c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the registered candidate normally provides such care; (

d) in the case of a registered candidate who has a disability, additional expenses that are related to the disability; (

e) audit and professional fees necessary for compliance with this Act by the registered candidate; (

f) reasonable incidental expenses incurred by or on behalf of volunteers.

(3) For the purposes of subsection (1), (

a) an election expense incurred by a registered party on behalf of a specific registered candidate is an election expense incurred by the registered candidate, and

41 Explanatory Notes

42 (

b) an election expense incurred by a registered constituency association on behalf of a registered candidate is an election expense incurred by the registered candidate.

(4) The chief financial officer of the registered candidate shall prepare an expense limit report for the purpose of a return required to be filed under

section 43 relating to the election expenses incurred by the registered candidate in relation to the election period. Limits on election expenses – nomination contestant 41.4(1) No registered nomination contestant and no chief financial officer of a registered nomination contestant shall incur election expenses in respect of the nomination contest that exceed in the aggregate 20% of a registered candidate’s spending limit for an election in that electoral division.

(2) The following expenses are not election expenses for the purposes of subsection (1): (

a) travel expenses reasonably related to the nomination contestant, including meals and accommodation; (

b) a registered nomination contestant’s child care expenses; (

c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the registered nomination contestant normally provides such care; (

d) in the case of a registered nomination contestant who has a disability, additional expenses that are related to the disability; (

e) audit and professional fees necessary for compliance with this Act by the registered nomination contestant; (

f) reasonable incidental expenses incurred by or on behalf of volunteers.

(3) The chief financial officer of the registered nomination contestant shall prepare an expense limit report for the purpose of a return required to be filed under

section 43.01 relating to the election expenses incurred by the registered nomination contestant in relation to the nomination contest.

42 Explanatory Notes

43 Inflation adjustment/Indexing 41.5(1) In this section, “consumer price index” means the “All-items” Consumer Price Index for Alberta as published monthly by Statistics Canada.

(2) Effective January 1 after polling day of the first general election following the coming into force of this section, the Chief Electoral Officer shall adjust each of the amounts referred to in sections 17, 41(6), 41.2, 41.3 and 44.11 by the percentage increase, if any, to the consumer price index for the period beginning January 1, 2017 and ending on December 31 of the year in which the general election was held.

(3) After each subsequent general election, the Chief Electoral Officer shall further adjust each of the amounts referred to in sections 17, 41(6), 41.2, 41.3 and 44.11 by the percentage increase, if any, to the consumer price index for the period beginning on the effective date of the prior adjustment and ending on December 31st of the year the general election was held.

(4) Amounts adjusted under this

section shall be rounded to the nearest dollar.

(5) The effective date of an adjustment under subsection (3) is January 1 of the year following the general election.

(6) The amounts adjusted under this

section shall be published on the Chief Electoral Officer’s website as soon as reasonably possible after January 1. 37

Section 42(1)(

a) is amended by striking out “excluding revenue and expenses relating to an election during a campaign period” and substituting “excluding revenue and campaign expenses that relate to an election during a campaign period”.

43 Explanatory Notes 37

Section 42 presently reads in part: 42(1) On or before March 31 of each year, (

a) the chief financial officer of each registered party shall file with the Chief Electoral Officer an audited financial statement, in the form and manner approved by the Chief Electoral Officer, setting out for the previous year the revenue, expenses, assets and liabilities, excluding revenue and expenses relating to an election during a campaign period, and

44 38

Section 43 is repealed and the following is substituted: Filing of campaign return 43(1) Subject to subsection (8), within 6 months after polling day the chief financial officer of a registered party shall file with the Chief Electoral Officer a campaign return with respect to the campaign period, which must include (

a) a financial statement, (

b) the contribution report referred to in

section 32(4), (

c) a campaign expense report setting out the campaign expenses incurred by the registered party, (

d) an expense limit report referred to in

section 41.2(4), and (

e) any supporting information and documents relating to the campaign return.

(2) Subject to subsection (9), within 4 months after polling day the chief financial officer of a registered candidate shall file with the Chief Electoral Officer a campaign return, which must include (

a) a financial statement, (

b) the contribution report referred to in

section 32(4), (

c) a campaign expense report setting out the campaign expenses incurred by the registered candidate, (

d) an expense limit report referred to in

section 41.3(4), and (

e) any supporting information and documents relating to the campaign return.

44 Explanatory Notes (

b) the chief financial officer of each registered constituency association shall file with the Chief Electoral Officer a financial statement, in the form and manner approved by the Chief Electoral Officer, setting out for the previous year the revenue, expenses, assets and liabilities, including a nil return where applicable. 38

Section 43 presently reads: 43(1) Subject to subsection (6) and

section 44(3), within 6 months after polling day the chief financial officer of a registered party shall file with the Chief Electoral Officer a financial statement setting out in the form and manner approved by the Chief Electoral Officer the revenue and expenses of the party for which the chief financial officer acts that relate to an election during the campaign period, including a nil return where applicable.

(2) Subject to subsection (7) and

section 44(3), within 4 months after polling day the chief financial officer of a registered candidate shall file with the Chief Electoral Officer a financial statement setting out, in the form and manner approved by the Chief Electoral Officer, assets of over $1000 in the aggregate, liabilities, revenue and expenses, including expenses paid on behalf of the candidate by a registered party or a constituency association, during the campaign period or that relate to the campaign period.

(3) In relation to a by-election, subsection (1) applies only to registered parties that received contributions or made payments or transfers in relation to that by-election and subsection (2) applies only to registered candidates at that by-election.

(4) This

section also applies to any registered candidate (

a) who withdraws the candidate’s candidacy, or (

b) who, having been registered before becoming nominated, does not in fact become nominated, with respect to the period during which the candidate is registered.

(5) An audited financial statement and a copy of the auditor’s report shall accompany each financial statement of a registered party submitted pursuant to subsection (1).

(3) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the campaign returns referred to in subsections (1) and (2) and shall publish any guidelines on the Chief Electoral Officer’s website.

(4) In relation to a by-election, subsection (1) applies only to registered parties that received contributions or made payments or transfers in relation to that by-election and subsection (2) applies only to registered candidates at that by-election.

(5) This

section also applies to any registered candidate who withdraws the candidate’s candidacy or is not nominated under the Election Act.

(6) Subject to subsection (7), an audited financial statement and a copy of the auditor’s report shall accompany each financial statement of a registered party submitted pursuant to subsection (1).

(7) Unless otherwise directed by the Chief Electoral Officer, an audited financial statement is not required to accompany a financial statement filed under subsection (1) if the revenue and campaign expenses of the registered party do not each exceed $1000, but a non-audited financial statement must be filed, including a nil return where applicable.

(8) If the polling day for a general election occurs within 6 months after the polling day for the previous general election, the time for compliance with subsection (1) in respect of the previous general election is extended to the expiration of the 6-month period after the 2nd general election.

(9) If a by-election is held for an electoral division and the polling day for that by-election occurs within 4 months after the polling day for the previous election in the same electoral division, the time for compliance with subsection (2) in respect of the previous election is extended to the expiration of the 4-month period after the by-election.

45 Explanatory Notes

(5.1) Unless otherwise directed by the Chief Electoral Officer, an audited financial statement is not required to accompany a financial statement filed under subsection (1) if the revenue and expenses of the registered party do not each exceed $1000, but a non-audited financial statement must be filed, including a nil return where applicable.

(6) If the polling day for a general election occurs within 6 months after the polling day for a previous general election, the time for compliance with subsection (1) in respect of the previous general election is extended to the expiration of the 6-month period after the 2nd general election.

(7) If an election is held to elect a member of the Legislative Assembly for an electoral division and the polling day for that election occurs within 4 months after the polling day for the previous election in the same electoral division, the time for compliance with subsection (2) in respect of the previous election is extended to the expiration of the 4-month period after the 2nd election.

(8) If an election is held under the Senatorial Selection Act and the polling day for that election occurs within 4 months after the polling day for the previous election under the Senatorial Selection Act, the time for compliance with subsection (2) in respect of the previous election is extended to the expiration of the 4-month period after the 2nd election.

(9) A chief financial officer referred to in subsection (1) shall file separate financial statements relating to an election under the Election Act and an election under the Senatorial Selection Act.

46 39 The following is added after

section 43: Nomination contestant campaign return 43.01(1) Within 4 months after the conclusion of a nomination contest, the chief financial officer of a registered nomination contestant shall file with the Chief Electoral Officer a nomination contestant campaign return, which must include (

a) a financial statement, (

b) the contribution report referred to in

section 32(4.2), (

c) a campaign expense report setting out the campaign expenses incurred by the registered nomination contestant, (

d) an expense limit report referred to in

section 41.4(3), and (

e) any supporting information and documents relating to the nomination campaign return.

(2) This

section also applies to any registered nomination contestant who withdraws from the nomination contest.

(3) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the nomination contestant campaign return and shall publish any guidelines on the Chief Electoral Officer’s website. Leadership contestant campaign return 43.02(1) Within 4 months after the date fixed for the leadership vote, the chief financial officer of a registered leadership contestant shall file with the Chief Electoral Officer a leadership contestant campaign return, which must include (

a) a financial statement, (

b) the contribution report referred to in

section 32(4.3), (

c) a campaign expense report setting out the campaign expenses incurred by the registered leadership contestant, and (

d) any supporting information and documents relating to the leadership campaign return.

46 Explanatory Notes 39 Nomination contestant campaign return; Leadership contestant campaign return.

(2) This

section also applies to any registered leadership contestant who withdraws from the leadership contest.

(3) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the leadership contestant campaign return and shall publish any guidelines on the Chief Electoral Officer’s website. 40

Section 43.1 is repealed and the following is substituted: Campaign deficits 43.1(1) In this section, “revenue” means the total of (

a) contributions received by a registered candidate, registered nomination contestant or registered leadership contestant made in accordance with this Act, (

b) other income, including fund-raising revenue and interest on deposits, (

c) amounts transferred in accordance with this Act to a registered candidate by a registered party, a registered constituency association or another registered candidate, and (

d) campaign funds held in trust under

section 12(1).

(2) For the purpose of this section, a registered candidate, registered nomination contestant or registered leadership contestant has a campaign deficit if, at the end of the campaign period, (

a) any liabilities relating to the campaign remain outstanding, or (

b) campaign expenses exceed revenue.

(3) Where a registered candidate, registered nomination contestant or registered leadership contestant has a campaign deficit, the registered candidate, registered nomination contestant or registered leadership contestant shall eliminate the deficit within 3 months after the date that the campaign return is next required to be filed or such further period approved under subsection (4).

47 Explanatory Notes 40

Section 43.1 presently reads: 43.1(1) In this section, (a) “expenses” means the total amount of money spent and liabilities incurred by a registered candidate during or in relation to a campaign period, including expenses paid on behalf of a registered candidate by a registered party or registered constituency association; (b) “revenue” means the total of (

i) contributions received by a registered candidate made in accordance with this Act, (ii) other income, including fund-raising revenue and interest on deposits, (iii) amounts transferred in accordance with this Act to a registered candidate by a registered party, registered constituency association or other registered candidate, and (iv) campaign funds held in trust under

section 12(1).

(2) For the purpose of this section, a registered candidate has a campaign deficit if, at the end of the campaign period, (

a) any liabilities relating to the candidate’s campaign remain outstanding, or (

b) expenses exceed revenue.

(3) Where a registered candidate has a campaign deficit, the candidate shall eliminate the deficit within 3 months after the date that the financial statement of the candidate is required to be filed

(4) The Chief Electoral Officer may, on the request of a registered candidate, registered nomination contestant or registered leadership contestant or the registered candidate’s, registered nomination contestant’s or registered leadership contestant’s chief financial officer received before the expiry of the 3-month period referred to in subsection (3), extend the 3-month period referred to in subsection (3) for a further period not exceeding 3 months.

(5) For the purpose of eliminating a campaign deficit, (

a) a registered candidate’s, registered nomination contestant’s or registered leadership contestant’s chief financial officer may, notwithstanding

section 17(4), accept contributions in accordance with this Act during the peri

Document details

Collection	Alberta — Bills
Citation	L29 S2 11669
Type	bill
Volume / chapter	L29 S2 11669
Language	en
Format	json
Source	PROVINCIAL
Identifier	d1d3fe9e2626f13708e7d1908bcf28a9ccde8ec8

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