HomeMy WebLinkAboutLAEA Excerpts.21Excerpts from the
LOCAL AUTHORITIES
ELECTION ACT
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Summer villages
12 The provisions of this Act that apply to municipalities apply to summer villages except that in
respect of a summer village
(a) election day
(i) in the case of a general election for council or for school representatives, shall be 4 weeks
after the day established by council for the receipt of nominations for that election, and
(ii) in the case of a by-election or vote on a bylaw or question, shall be as established by
resolution of the summer village council,
(b) a person is entitled to vote at an election if
(i) the person is eligible to vote under section 47,
(ii) the person is 18, a Canadian citizen and is named on a certificate of title as the person who
owns property within the summer village, or
(iii) the person is 18, a Canadian citizen and is the spouse or adult interdependent partner of a
person referred to in subclause (ii),
(c) the nomination of candidates for election as councillors shall be in the form prescribed for use
under section 27(1) and shall be signed by at least 5 electors eligible to vote at that election,
(d) in the case of a general election, nominations for councillors shall be received by the returning
officer in June or July or both June and July in the year in which an election is to be held at a date
and place and between the hours established by council, and sections 25 and 28(1), (1.1) and (1.2)
do not apply,
(e) in the case of a by-election, nominations for councillors and school representatives, if any, shall be
received by the returning officer between the hours of 10 a.m. and 12 noon at a date and place
established by council, RSA 2000 Section 13 Chapter L-21 LOCAL AUTHORITIES ELECTION ACT 16
(f) voting hours in an election or in a vote on a bylaw or question shall be between the hours of 10
a.m. and 7 p.m., and section 46 applies except as to hours,
(g) the time limit for withdrawal of nominations shall be 48 hours and section 32 applies except as to
hours, and
(h) in order to qualify for nomination as a councillor, a person is not required to be a resident of the
summer village but must be entitled to vote in the election and have been a resident of Alberta for
the 12 consecutive months immediately preceding election day.
RSA 2000 cL-21 s12;2002 cA-4.5 s52;2003 c27 s4;
2006 c22 s7;2018 c23 s6;2020 c22 s3
Qualification of candidates
21(1) A person may be nominated as a candidate in any election under this Act if on nomination day the
person
(a) is eligible to vote in that election,
(b) has been a resident of the local jurisdiction and the ward, if any, for the 6 consecutive months
immediately preceding nomination day, and
(c) is not otherwise ineligible or disqualified.
(2) Notwithstanding subsection (1), in the case of a city, a candidate for councillor is not required to be
a resident of the ward in either a general election or a by-election, but must be a resident of the city.
(3) Notwithstanding subsection (1), a candidate for trustee of a board of a school division that is
wholly or partly within the boundaries of a city is not required to be a resident of the ward in either a
general election or a by-election, but must be a resident of the school division.
(4) If the boundaries of a local jurisdiction are altered by the addition of land, a person who has been a
resident of the added land for at least the 6 months immediately preceding nomination day is deemed,
for the purposes of this section, to have been a resident, during that time, of the local jurisdiction to
which the land was added.
RSA 2000 cL-21 s21;2012 cE-0.3 s276;2018 c23 s10
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Ineligibility
22(1) A person is not eligible to be nominated as a candidate in any election under this Act if on
nomination day
(a) the person is the auditor of the local jurisdiction for which the election is to be held;
(b) subject to subsection (4), the person is an employee of the local jurisdiction for which the election
is to be held unless the person takes a leave of absence under this section;
(c) the person is indebted to the municipality of which the person is an elector for taxes in default
exceeding $50, excluding from that amount
(i) any indebtedness for current taxes, and
(ii) any indebtedness for arrears of taxes for which the person has entered into a consolidation
agreement with the municipality, unless the person is in default in the payment of any
money due under the agreement;
(d) the person is indebted to the local jurisdiction for which the election is to be held for any debt
exceeding $500 and in default for more than 90 days;
(d.1) the person has, within the previous 10 years, been convicted of an offence under this Act, the
Election Act, the Election Finances and Contributions Disclosure Act or the Canada Elections Act
(Canada).
(e),(f) repealed 2006 c22 s13.
(1.1) A person is not eligible to be nominated as a candidate for election as a trustee of a board of a
school division if on nomination day the person is employed by
(a) a school division,
(b) a charter school, or
(c) a private school, in Alberta unless the person takes a leave of absence under this section.
(1.2) A person is not eligible to be nominated as a candidate for election as a councillor or a school
board trustee if
(a) a report was transmitted under section 147.8(1) in respect of the person,
(b) the Court did not dispense with, or extend the time for, compliance with section 147.4 by an order
under section 147.8(3), and (c) subject to subsection (1)(d.1), nomination day for the election
occurs within
(i) the 8-year period following the day on which the secretary transmitted the report to council
or the school board, or
(ii) where the disclosure statement required by section 147.4 has been filed with the secretary,
the 3-year period following the day of filing,
whichever period expires first.
(1.3) Subsection (1.2) applies
(a) with respect to a candidate for election as a councillor, if a report has been transmitted under
section 147.8(1)(a) respecting a campaign period beginning on or after January 1, 2014, and
(b) with respect to a candidate for election as a school board trustee, if a report has been transmitted
under section 147.8(1)(b) respecting a campaign period beginning on or after January 1, 2019.
(2) Repealed 2006 c22 s13.
(3) Subsection (1)(b) to (d) do not apply to a candidate for election as a trustee of a board of a school
division.
(4) Subsection (1)(b) does not apply to a person by reason only
(a) - (f) repealed 2018 c23 s11;
(g) that the person is appointed to a position under the Emergency Management Act;
(h) repealed 2018 c23 s11;
(i) that the person has received a gratuity or allowance for services on a committee or board
appointed by or responsible to the local jurisdiction;
(j) - (l) repealed 2018 c23 s11;
(m) that the person is a volunteer chief, officer or member of a fire, ambulance or emergency
measures organization established by a local jurisdiction or that the person is a volunteer for
another purpose who performs duties under the direction of the local jurisdiction.
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(5) A person who is an employee of a municipality and who wishes to be nominated as a candidate in
an election to be held for that municipality may notify that person’s employer on or after July 1 in the
year of a general election or on or after the day the council passes a resolution to hold a by-election but
before the person’s last working day prior to nomination day that the person is taking a leave of absence
without pay under this section.
(5.1) A person employed by an entity referred to in subsection (1.1) who wishes to be nominated as a
candidate for election as a trustee of a board of a school division may notify that person’s employer on or
after July 1 in the year of an election but before the person’s last working day prior to nomination day
that the person is taking a leave of absence without pay under this section.
(6) Notwithstanding any bylaw, resolution or agreement of a local jurisdiction, every person who
notifies an employer in accordance with subsection (5) or (5.1) is entitled to a leave of absence without
pay.
(6.1) Repealed 2012 c5 s107.
(7) An employee who takes a leave of absence under this section is subject to the same conditions
that apply to taking a leave of absence without pay for any other purpose.
(8) If an employee who takes a leave of absence under this section is not elected, the employee may
return to work, in the position the employee had before the leave commenced, on the 5th day after
election day or, if the 5th day is not a working day, on the first working day after the 5th day.
(9) If an employee who takes a leave of absence under this section is declared elected, the employee
is deemed to have resigned that position as an employee the day the employee takes the official oath of
office as an elected official.
(10) If an employee who takes a leave of absence under this section is declared elected but, after a
recount under Part 4, is declared not to be elected, the employee may return to work on the first working
day after the declaration is made, and subsections (7) and (8) apply.
(11) Subject to subsection (12), an employee who takes a leave of absence under this section and is
declared elected continues to be deemed to have resigned that position as an employee if the employee
subsequently forfeits the elected office or if the employee’s election is adjudged invalid.
(12) If, through no act or omission of the employee, an employee forfeits the elected office or the
employee’s election is adjudged invalid, the employee may return to work on the first working day after
the office is forfeited or the election is adjudged invalid, and subsections (7) and (8) apply.
RSA 2000 cL-21 s22;2001 cC-28.1 s458;2001 c23 s1(11);
2002 cA-4.5 s52;2002 c23 s1;2006 c22 s13;2007 c12 s12;
2009 c53 s104;2010 c9 s1;2012 cE-0.3 s276;2012 c5 s107;2018 c23 s11
Ineligibility for nomination
23(1) A person is not eligible to be nominated for more than one office of the same elected authority.
(2) A member who holds office on an elected authority is not eligible to be nominated for or elected to
the same or any other office on the elected authority
(a) unless the member’s term of office is expiring, or
(b) if the member’s term of office is not expiring, unless the member has resigned that office effective
18 days or more before nomination day.
1983 cL-27.5 s23
Form of nomination
27(1) Every nomination of a candidate must
(a) be in the prescribed form,
(b) be signed by at least 5 persons who are electors eligible to vote in that election and resident in the
local jurisdiction on the date of signing the nomination,
(c) be accompanied with a written acceptance sworn or affirmed in the prescribed form by the person
nominated, stating
(i) that the person is eligible to be elected to the office,
(ii) the name, address and telephone number of the person’s official agent, if one has been
appointed,
(iii) that the person will accept the office if elected,
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(iv) that the person will read and comply with the municipality’s code of conduct if elected, and
(v) that the persons who have signed the nomination are electors who are eligible to vote in
that election and resident in the local jurisdiction on the date of signing the nomination, and
(d) if required by bylaw, be accompanied with a deposit in the required amount.
(1.1) A person who files a nomination shall also submit, in the prescribed form, the following
information to the returning officer:
(a) the full name and contact information of the candidate;
(b) the address of the place or places where records of the candidate are maintained and of the place
to which communications may be addressed;
(c) the name and address of the financial institutions to be used by or on behalf of the candidate for
the candidate’s campaign account, if applicable;
(d) the names of the signing authorities for each account referred to in clause (c), if applicable.
(1.2) When there is any change in the information required to be provided under subsection (1.1), the
candidate shall notify the local jurisdiction in writing within 48 hours after the change, and on receipt of
the notice the local jurisdiction shall update the information accordingly.
(1.3) Notice under subsection (1.2) may be sent by fax or e-mail.
(2) Notwithstanding subsection (1), a city that is a local jurisdiction with a population of at least 10 000
or a board of trustees under the Education Act of a local jurisdiction with a population of at least 10 000
may, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be
held, specify the minimum number of electors required to sign the nomination of a candidate for an
office, but that number must be at least 5 and not more than 100.
(3) Notwithstanding subsection (1), if a system of wards is in effect, only an elector who is a resident
of the ward for which a candidate for election is being nominated may sign the nomination of the
candidate.
(4) Repealed 2018 c23 s13.
RSA 2000 cL-21 s27;2003 c27 s10;2006 c22 s14;
2012 cE-0.3 s276;2017 c13 s4;2018 c23 s13;2020 c22 s6
Nominations
28(1) Subject to subsection (1.2), nominations shall be submitted at the local jurisdiction office at any
time during the nomination period.
(1.1) An elected authority may, by a bylaw passed prior to December 31 of the year before a year in
which a general election is to be held, provide that a returning officer may establish one or more
locations, in addition to the local jurisdiction office, where a deputy may receive nominations.
(1.2) If an elected authority passes a bylaw referred to in subsection (1.1), nominations shall be
submitted to the local jurisdiction office or any location established by the returning officer at any time
during the nomination period.
(2) The person nominated as a candidate is responsible for ensuring that the nomination filed under
this section meets the requirements of section 27.
(3) Any person may file a nomination described in section 27 in accordance with this section.
(4) A returning officer shall not accept the following for filing:
(a) a nomination that is not completed in the prescribed form;
(b) a nomination that is not signed by at least the minimum number of persons required to sign the
nomination;
(c) a nomination that is not sworn or affirmed by the person nominated;
(d) if a bylaw has been passed under section 29(1), a nomination that is not accompanied by the
deposit required by the bylaw.
(5) If the returning officer has not rejected a nomination form under subsection (4), the returning
officer must sign the form to indicate that the form has been accepted.
(6) At any time after the commencement of the nomination period until the term of office to which
the filed nomination papers relate has expired, a person may request to examine the filed nomination
papers during regular business hours and in the presence of the returning officer, deputy or secretary.
(7) The returning officer or secretary must retain all the filed nomination papers until the term of
office to which the papers relate has expired.
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(8) Twenty-four hours after the close of nominations on nomination day, the returning officer shall, as
soon as practicable, forward a signed statement showing the name of each nominated candidate and any
information about the candidate that the candidate has consented to being disclosed to the relevant
Minister’s Deputy Minister.
(9) A statement referred to in subsection (8) may be forwarded by electronic means, including by fax
or e-mail. (10) Within 48 hours of the close of nominations on nomination day, the returning officer shall
post or cause to be posted at the local jurisdiction office the names of all candidates that have been
nominated and the offices for which they were nominated. RSA 2000 cL-21 s28;2003 c27 s11;2006 c22 s15;
2012 c5 s108;2018 c23 s14;2020 c22 s7
Eligibility to vote
47(1) A person is eligible to vote in an election held pursuant to this Act if the person
(a) is at least 18 years old,
(b) is a Canadian citizen, and
(c) resides in Alberta and the person’s place of residence is located in the local jurisdiction on election
day.
(2) Subject to subsection (3) and sections 75, 77.1, 79, 81 and 83, an elector is eligible to vote only at
the voting station for the voting subdivision in which the elector’s place of residence is located on election
day.
(3) If a local authority establishes a voting station at a work site, the local authority may direct that
those workers who are electors who wish to vote and who are required to work at the site during the
hours for which the voting station is open shall vote at that voting station, notwithstanding that those
workers do not reside in the voting subdivision in which that voting station is located.
(4) Repealed 2018 c23 s19.
RSA 2000 cL-21 s47;2003 c27 s15;2006 c22 s23;2018 c23 s19
Rules of residence
48(1) For the purposes of this Act, the place of residence is governed by the following rules:
(a) a person may be a resident of only one place at a time for the purposes of voting under this Act;
(a.1) if a person has more than one residence in Alberta, that person shall, in accordance with
subsection (1.1), designate one place of residence as the person’s place of residence for the
purposes of this Act;
(b) the residence of a person is the place where the person lives and sleeps and to which, when the
person is absent, the person intends to return;
(c) a person does not lose the person’s residence by leaving the person’s home for a temporary
purpose;
(d) subject to clause (e), a student who
(i) attends an educational institution within or outside Alberta,
(ii) temporarily rents accommodation for the purpose of attending an educational institution,
and
(iii) has family members who are resident in Alberta and with whom the student ordinarily
resides when not attending an educational institution is deemed to reside with those family
members;
(e) if a person leaves the area with the intention of making the person’s residence elsewhere, the
person loses the person’s residence within the area.
(1.1) For the purposes of subsection (1)(a.1), a person shall designate the person’s place of residence in
accordance with the following factors in the following order of priority:
(a) the address shown on the person’s driver’s licence or motor vehicle operator’s licence issued by or
on behalf of the Government of Alberta or an identification card issued by or on behalf of the
Government of Alberta;
(b) the address to which the person’s income tax correspondence is addressed and delivered;
(c) the address to which the person’s mail is addressed and delivered.
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(2) A person who is a resident of a public school division or of a separate school division under the
Education Act is deemed to be a resident of that public school division or that separate school division, as
the case may be, under this Act.
(3) Repealed 2012 cE-0.3 s276. RSA 2000 cL-21 s48;2003 c27 s16;2010 c9 s1;2012 cE-0.3 s276
Option for Official agent
68.1(1) Each person nominated as a candidate may, on the nomination form, appoint an elector to be the
candidate’s official agent.
(1.1) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the
returning officer in writing of the contact information of the new official agent.
(2) A person who has, within the previous 10 years, been convicted of an offence under this Act, the
Election Act, the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada)
is not eligible to be appointed as an official agent.
(3) No candidate shall act as an official agent for any other candidate.
(4) The duties of an official agent are those assigned to the official agent by the candidate.
2006 c22 s32;2012 c5 s112;2020 c22 s10
Candidate’s scrutineer
69(1) If, at any time during voting hours, a person who is at least 18 years old presents to the presiding
deputy a written notice, in a form acceptable to the returning officer,
(a) signed by a candidate, and
(b) stating that the person presenting the notice is to represent that candidate as the candidate’s
scrutineer at the voting station,
the person presenting the notice shall be recognized by the presiding deputy as the scrutineer of the
candidate.
(1.1) A person who has, within the previous 10 years, been convicted of an offence under this Act, the
Election Act, the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada)
is not eligible to be recognized as a scrutineer.
(2) Before a person is recognized as a scrutineer, the person shall make and subscribe before the
presiding deputy at the voting station a statement in the prescribed form.
(3) The presiding deputy shall not permit a candidate to have an official agent or a scrutineer present
while the candidate is present in a voting station during voting hours.
(3.1) The presiding deputy shall not permit a candidate to have both an official agent and a scrutineer
present at the same time in a voting station during voting hours.
(4) A candidate or official agent personally may
(a) undertake the duties that the candidate’s scrutineer may undertake, and
(b) attend any place that the candidate’s scrutineer is authorized by this Act to attend.
(5) The presiding deputy may designate the place or places at a voting station where a candidate, an
official agent or a scrutineer of a candidate may observe the election procedure, and in designating the
place or places, the presiding deputy shall ensure that the candidate, official agent or scrutineer can
observe any person making a statement under section 53(1)(b) or (2) or 78.
(6) When, in the provisions of this Act that relate to the election of a member of an elected authority,
expressions are used requiring or authorizing an act or thing to be done or implying that an act or thing is
to be done in the presence of an official agent, a scrutineer or a candidate, the expression is deemed to
refer to the presence of those an official agents and scrutineers
(a) that are authorized to attend, and
(b) that have in fact attended at the time and place where that act or thing is being done,
and if the act or thing is otherwise properly done, the non-attendance of an official agent or a scrutineer
at that time and place does not invalidate it.
RSA 2000 cL-21 s69;2006 c22 s33; 2012 c5 s113;2018 c23 s26;2020 c22 s10
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Part 5.1 Election Finances and Contributions Disclosure
Interpretation
147.1(1) In this Part,
(a) “campaign expense” means any expense incurred, or non-monetary contribution received, by a
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 candidate during
a campaign period, and includes an expense incurred for, or a non-monetary contribution in
relation to,
(i) the production of advertising or promotional material,
(ii) 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,
(iii) 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,
(iv) securing a meeting place,
(v) the conduct of election surveys or other surveys or research during a campaign period, or
(vi) the production of a review engagement required by this Act; (b) “campaign period” means
(i) in the case of a general election, the period of time from January 1 to December 31 in
a year in which a general election is held, and
(ii) in the case of a by-election, the period of time set by bylaw or resolution to 60 days
immediately following the by-election;
(c) “contribution” means any money, personal property, real property or service that is provided to or
for the benefit of a candidate’s election campaign without fair market value compensation from
that candidate, but does not include a service provided by an individual who voluntarily performs
the services and receives no compensation, directly or indirectly, in relation to the services or time
spent providing the services;
(d) “employee organization” means an organization, other than a trade union, that bargains
collectively for employees;
(e) “group” means an unincorporated group of individuals or corporations acting in consort for a
common purpose and includes a trade union and an employee organization or any combination of
individuals, corporations, trade unions or employee organizations;
(f) “prohibited organization” means a corporation and an unincorporated organization, including a
trade union and an employee organization;
(f.1) “review engagement” means a review engagement as defined in the Chartered Professional
Accountants Act;
(g) “trade union” means an organization of employees that has a written constitution, rules or bylaws
and has as one of its objects the regulation of relations between employers and employees.
(2) The value of a contribution, other than money, provided to a candidate is the fair market value of
the contribution at the time it is provided.
(3) If any personal property, real property or service or the use of personal property or real property is
provided to a candidate for a price that is less than the fair market value at the time it is provided, the
amount by which the value exceeds the price is a contribution for the purposes of this Part.
(4) For the purposes of this section, the use of goods in a 2nd or subsequent election is a non-
monetary contribution.
(5) In this section, “expense incurred” means an expense that is incurred, whether it is paid or unpaid.
2009 c10 s3;2010 c9 s1;2018 c23 s51;2020 c22 s14
147.11 Repealed 2018 c23 s51.
Application of Part
147.12 This Part applies to candidates for election as a councillor in a municipality or as a trustee of a
school board. 2018 c23 s51 RSA 2000
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Responsibility of contributors
147.13(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 the limit prescribed by section 147.2(3).
(2) Every candidate and every person acting on behalf of a candidate shall make every reasonable
effort to advise prospective contributors of the provisions of this Part relating to contributions. 2018 c23 s51
Limitations on contributions
147.2(1) Only an individual ordinarily resident in Alberta may make a contribution to a candidate.
(2) No prohibited organization and no individual ordinarily resident outside Alberta shall make a
contribution to a candidate.
(3) Subject to subsection (4), no individual ordinarily resident in Alberta shall contribute in any
campaign period an amount that exceeds
(a) $5000 to any candidate for election as a councillor, and
(b) $5000 to any candidate for election as a school board trustee.
(4) A candidate may contribute an amount of up to $10 000 that is not reimbursed to the candidate
from the candidate’s campaign account by the end of the campaign period to the candidate’s own
campaign expenses.
(4.1) Any amount paid by a candidate for campaign expenses from the candidate’s own funds that is not
reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period,
including an amount referred to in subsection (4), is a contribution to the candidate’s own campaign for
the purposes of this Act.
(5) No candidate and no person acting on behalf of a candidate shall, directly or indirectly, solicit or
accept a contribution if the candidate or person knows or ought to know that the prospective contributor
is a prohibited organization or an individual ordinarily resident outside Alberta.
(6) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if
the candidate or person knows or ought to know that the amount of the contribution will exceed the
amounts referred to in subsection (3).
2009 c10 s3;2010 c9 ss1,2;2018 c23 s51;2020 c22 s15
147.21 Repealed 2018 c23 s51.
Acceptance of contributions
147.22(1) No person shall accept a contribution or incur a campaign expense unless the person has been
nominated as a candidate.
(2) No candidate and no person acting for a candidate shall accept a contribution except during the
campaign period.
(3) Subsections (1) and (2) do not apply to the following:
(a) a person who accepts not more than $5000 in the aggregate per year in contributions outside the
campaign period;
(b) a candidate who makes a contribution of not more than $10 000 in the aggregate per year to the
candidate’s own campaign from the candidate’s own funds.
2018 c23 s51;2020 c22 s16
Anonymous and unauthorized contributions
147.23 Any anonymous contributions and any contribution or portion of a contribution made in
contravention of this Part accepted by a candidate or a person acting on behalf of a candidate must not
be used or expended, and the candidate or the person acting on behalf of the candidate shall
(a) return the contribution to the contributor if the contributor’s identity can be established, or
(b) if the contributor’s identity cannot be established, pay an amount equivalent to the contribution to
a registered charity or to the local jurisdiction for which the candidate is running for election.
2018 c23 s51
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Contributions not belonging to contributor
147.24(1) No individual shall contribute to a candidate
(a) funds not belonging to that individual, or
(b) funds that have been given or furnished to the individual by another individual or a prohibited
organization for the purpose of making a contribution of those funds to a candidate.
(2) No individual and no prohibited organization shall give or furnish funds to another individual for
the purpose of having that other individual make a contribution of those funds to a candidate.
(3) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if
the candidate or person knows or ought to know that the contribution is contrary to subsection (1).
2018 c23 s51
Duties of candidate
147.3(1) A candidate shall ensure that
a) a campaign account in the name of the candidate or the candidate’s election campaign is opened
at a financial institution for the purposes of the election campaign at the time of nomination or as
soon as possible after the total amount of contributions first exceeds $1000 in the aggregate,
(b) if a campaign account has been opened in accordance with clause (a), all contributions of money
are deposited into the campaign account,
(c) money in the campaign account shall only be used for the payment of campaign expenses,
(d) contributions of real property, personal property and services are valued,
(e) receipts are issued for every contribution and obtained for every expense,
f) records are kept of contributions and campaign expenses and are retained by the candidate for a
period of 3 years following the date on which disclosure statements were required to be filed
under section 147.4, and
(g) proper direction is given to the candidate’s official agent and any other person who is authorized
to incur campaign expenses and accept or solicit contributions on behalf of the candidate.
(2) A candidate shall not knowingly make a false or misleading statement in any disclosure statement
or financial statement or other information required to be filed under this
Part. 2009 c10 s3;2010 c9 s2;2015 c5 s120;2018 c23 s51 RSA 2000
Fund-raising functions
147.31(1) In this section, “fund-raising function” includes any social function held for the purpose of
raising funds for the candidate’s election campaign by whom or on whose behalf the function is held.
(2) The gross income from any fund-raising function must be recorded by the candidate 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 candidate, the amount of
the contribution is to be determined under clause (a) or under clause (b), at the option of the candidate:
(a) if the individual charge
(i) is $50 or less, it is not considered to be a contribution unless the individual who pays the
charge specifically requests that it be so considered, in which case 1/2 of the amount is
allowed for expenses and 1/2 is considered to be a contribution,
(ii) is more than $50 but not more than $100, $25 is allowed for expenses and the balance is
considered to be a contribution, and
(iii) is more than $100, 25% of the amount is allowed for expenses and the balance is
considered to be a contribution;
(b) the amount of the contribution is the difference between the price of the ticket and the fair
market value of what the ticket entitles the bearer to obtain.
(4) The price paid at a fund-raising function in excess of the fair market value at that time for goods or
services received is considered to be a contribution to the candidate’s election campaign.
2018 c23 s51
Receipts
147.32 Every candidate or a person acting on behalf of the candidate shall issue a receipt for every
contribution accepted in a form acceptable to the local jurisdiction.
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2018 c23 s51
Loans
147.33(1) A candidate
(a) may borrow money only from a financial institution, and
(b) shall record all loans and their terms and shall report accordingly to the relevant local jurisdiction.
(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, section 147.2,
(a) a contribution by that individual, and
(b) a contribution accepted by the borrower, if the individual is not reimbursed by the borrower
before the borrower is next required to file a disclosure statement.
(4) This section does not apply to the borrowing of money for purposes unrelated to the candidate’s
election campaign.
2018 c23 s51
Campaign expense limits
147.34 No candidate and no chief financial officer of a candidate shall incur campaign expenses that
exceed, in the aggregate, the amounts determined by the regulations. 2018 c23 s51
Campaign disclosure statements
147.4(1) On or before March 1 immediately following a general election or, in the case of a by-election,
within 120 days after the by-election, a candidate shall file with the secretary of the candidate’s local
jurisdiction a disclosure statement in the prescribed form, which must include
(a) the total amount of all contributions received during the campaign period that did not exceed $50
in the aggregate from any single contributor,
(b) the total amount contributed, together with the contributor’s name and address, for each
contributor whose contributions during the campaign period exceeded $50 in the aggregate,
(c) the total amount of all contributions received as referred to in section 147.22(3),
(d) the total amount from fund-raising functions,
(e) the total amount of other revenue,
(f) the total amount of campaign expenses,
(g) an itemized campaign expense report setting out the campaign expenses incurred by the
candidate,
(h) the total amount paid by the candidate out of the candidate’s own funds not reimbursed from the
candidate’s campaign fund,
(i) the total amount of any campaign surplus, including any surplus from previous campaigns, and
(j) the amount of any deficit.
(2) A candidate who has incurred campaign expenses or received contributions of $50 000 or more
shall file a review engagement with the disclosure statement referred to in subsection (1).
(3), (4) Repealed 2020 c22 s17.
(5) With respect to the period during which a candidate is nominated, this section applies to a
candidate who withdraws as a candidate.
(6) If a candidate becomes aware that any of the information reported in the disclosure statement
required under subsection (1) or the review engagement required under subsection (2) has changed or
has not been completely or accurately disclosed, the candidate shall, within 30 days, submit a
supplementary statement in the prescribed form to the local jurisdiction.
(7) The local jurisdiction must ensure that all documents filed under this section are available to the
public during regular business hours for a period of 4 years after the election.
(8) to (10) Repealed 2020 c22 s17.
2009 c10 s3;2010 c9 s1;2015 c5 s121;2018 c23 s51;2020 c22 s17
Campaign surplus
147.5(1) If a candidate’s disclosure statement shows a surplus, the candidate, within 60 days after filing
the disclosure statement with the local jurisdiction,
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(a) shall, with respect to any amount that is $1000 or more, donate an amount to a registered charity
that results in the surplus being less than $1000, and
(b) may, with respect to any amount that is less than $1000, (i) retain all or any portion of that
amount, and
(ii) donate all or any portion of that amount to a registered charity.
(2) A candidate who donates an amount to a registered charity in accordance with subsection (1)(a) or
(b)(ii) shall, within 30 days after the expiration of the 60-day period referred to in subsection (1), file an
amended disclosure statement showing that the surplus has been dealt with in accordance with this
section.
(3) This section applies to a candidate whether or not the candidate is elected.
2009 c10 s3;2010 c9 s1;2015 c5 s122;2018 c23 s51;2020 c22 s18
Transitional — campaign surplus
147.51(1) Where, on September 1, 2020, an amount is held in trust under section 147.5(2) as it read on
August 31, 2020, the candidate in respect of whom the amount is held in trust, no later than January 1,
2022,
(a) shall, with respect to any amount that is $1000 or more, donate an amount to a registered charity
that results in the surplus being less than $1000, and
(b) may, with respect to any amount that is less than $1000,
(i) retain all or any portion of that amount, and
(ii) donate all or any portion of that amount to a registered charity.
(2) If a local jurisdiction does not receive a direction under subsection (1) on or before January 1,
2022, the money becomes the property of the local jurisdiction.
(3) This section applies to money paid to a local jurisdiction pursuant to a court order under section
147.84(2). 2020 c22 s18
Campaign deficit
147.52(1) If a candidate’s disclosure statement shows a deficit, the candidate shall eliminate the deficit
within 60 days after filing the disclosure statement with the local jurisdiction.
(2) For the purpose of eliminating a deficit referred to in subsection (1), a candidate may,
notwithstanding section 147.22(2), accept contributions in accordance with this Act during the period
referred to in subsection (1).
(3) Subject to subsection (4), a candidate shall not accept a contribution of an amount that exceeds
$5000 from any individual for the purpose of this section.
(4) A candidate may make a contribution from the candidate’s own funds that does not exceed $10
000 to reduce a deficit shown on the candidate’s disclosure statement for the purpose of this section.
(5) A candidate referred to in subsection (1) shall, within 30 days after the expiration of the 60-day
period referred to in subsection (1), file an amended disclosure statement showing that the deficit has
been eliminated. 2020 c22 s18
147.6 Repealed 2012 c5 s123.
Late filing
147.7(1) In this section, “filing deadline” means the day by which a disclosure statement referred to in
section 147.4 is required to be filed with a local jurisdiction.
(2) A candidate who is required to file a disclosure statement under section 147.4 and fails to file that
document by the filing deadline must pay a late filing fee of $500 to the relevant local jurisdiction.
(3) A local jurisdiction shall not transmit a report in relation to a candidate under section 147.8 if the
return is filed no later than 10 days after the filing deadline.
(4) If the late filing fee is not paid within 30 days after the date the fee was payable, the local
jurisdiction shall send a notice to the candidate, indicating the amount of the late filing fee that is
required to be paid.
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(5) If a candidate who is sent a notice by the local jurisdiction under subsection (4) fails to pay the late
filing fee set out in the notice, the local jurisdiction may file a copy of the notice with the clerk of the
Court of Queen’s Bench, and, on being filed, the notice has the same force and effect and may be
enforced as if it were a judgment of the Court. 2009 c10 s3;2012 c5 s124;2018 c23 s51
Effect of non-compliance in relation to disclosure statements
147.8(1) Subject to section 147.7, if a candidate fails to file a disclosure statement as required by section
147.4
(a) in the case of an election of municipal councillors, the secretary shall transmit a report to that
effect to council, which shall on its receipt make the report public, and
(b) in the case of an election of school board trustees, the secretary of the school board shall transmit
a report to that effect to the school board, which shall on its receipt make the report public.
(2) A candidate under subsection (1) may, within the 60-day period following the date on which the
report under subsection (1) is made public, apply to the Court for relief.
(3) On hearing the application, the Court may
(a) dispense with compliance with section 147.4, or any provision of it, if it considers that the non-
compliance is due to circumstances beyond the control of the candidate and that it is not
reasonably possible to comply with that section,
(b) extend the time for compliance with section 147.4, or any provision of it, if it finds mitigating
reasons for non-compliance with the section,
(c) make any order that it considers appropriate to secure compliance with as much of section 147.4
as it considers reasonable in the circumstances, or
(d) refuse the application.
(4) A candidate may apply to the Court under this section and name the municipality or the school
board, as the case may be, as the respondent.
(5) The decision of the Court is final and not subject to appeal.
2009 c10 s3;2010 c9 s1;2018 c23 s51
Prosecution
147.81 A prosecution under this Part may be commenced within 3 years of the commission of the alleged
offence but not afterwards. 2018 c23 s51
Offences relating to contributions
147.82(1) A prohibited organization or a person acting on its behalf that contravenes section 147.2 is
guilty of an offence and liable to a fine of not more than $10 000.
(2) An individual who contravenes section 147.2 is guilty of an offence and liable to a fine of not more
than $5000.
(3) A candidate who contravenes section 147.22(1) or (2) is guilty of an offence and liable to a fine of
not more than $1000.
(4) A candidate or a person acting on behalf of a candidate who fails to return or pay an amount
referred to in section 147.23(a) or (b) is guilty of an offence and liable to a fine of not more than $5000.
(5) A prohibited organization or a person acting on its behalf that contravenes section 147.24 is guilty
of an offence and liable to a fine of not more than $10 000.
(6) An individual who contravenes section 147.24 is guilty of an offence and liable to a fine of not
more than $5000. 2018 c23 s51
Failure of candidate to comply with duties
147.83 A candidate who contravenes section 147.3 is guilty of an offence and liable to a fine of not more
than $1000. 2018 c23 s51
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Failure to file
147.84(1) A candidate who fails to comply with section 147.4(1) or (2) by April 1 in the year following a
general election, or, in the case of a by-election, within 150 days after the by-election, is guilty of an
offence and liable to a fine of not more than $5000.
(1.1) A candidate who fails to comply with the following sections within 30 days after the expiration of
the period referred to in that section is guilty of an offence and liable to a fine of not more than $5000:
(a) section 147.4(6);
(b) section 147.5(1) and (2);
(c) section 147.52(1) and (5).
(2) If a candidate is found guilty of contravening section 147.4, the Court may, in addition to the
penalty provided for in subsection (1), order the candidate to pay any surplus to the local jurisdiction as
soon as possible.
(3) Repealed 2020 c22 s19.
2018 c23 s51;2020 c22 s19
Expenses more than maximum
147.85 A candidate who contravenes section 147.34 is guilty of an offence and liable to a fine of not more
than $10 000.
2018 c23 s51
147.9 Repealed 2010 c9 s2.
Regulations and bylaw
147.91(1) The Minister may make regulations
(a) determining campaign expense limits for the purpose of section 147.34;
(b) respecting transitional matters relating to the coming into force of An Act to Renew Local
Democracy in Alberta not otherwise provided for in that Act, including remedying any confusion,
difficulty, inconsistency or impossibility resulting from the enactment of that Act.
(2) An elected authority may pass a bylaw determining campaign expense limits for the purpose of
section 147.34 in an amount that is less than the amount determined by regulation under subsection (1)
(a) with respect to a general election, prior to December 31 of the year before the general election is
held, and
(b) with respect to a by-election, at least 180 days before the byelection at which the bylaw is to take
effect.
2009 c10 s3;2018 c23 s51
147.92 Repealed 2018 c23 s51.
Transitional — definitions
147.93 In sections 147.94 to 147.96,
(a) “former Act” means the Local Authorities Election Act as it read immediately before the Bill
received first reading;
(b) “the Bill” means the Bill to enact An Act to Renew Local Democracy in Alberta. 2018 c23 s51
Transitional — all candidates
147.94(1) In this section, “candidate” means a candidate for election as a municipal councillor and,
subject to subsection (2), for election as a school board trustee.
(2) For the purpose of this section, an individual is a candidate for election as a school board trustee if,
before the Bill receives first reading, the individual accepted contributions or incurred campaign expenses
on or after January 1, 2018, for the purposes of a school board election campaign.
(3) Subject to subsection (4), section 147.95(4) and 147.96(4), if a candidate or a person acting on
behalf of a candidate received a contribution on or after January 1, 2018 but before the date the Bill
receives Royal Assent, other than a contribution used to eliminate a deficit shown on the candidate’s
disclosure statement for the most recent election campaign, the contribution is deemed to be collected in
the next campaign period.
14
(4) If a candidate or a person acting on behalf of a candidate receives a contribution from a prohibited
organization, trade union or employee organization within the meaning of section 147.1 of the former Act
on or after the date the Bill receives first reading but before the date it receives Royal Assent, the
candidate, no later than 30 days after the Bill receives Royal Assent, shall
(a) return the contribution to the contributor if the contributor’s identity can be established, or
(b) if the contributor’s identity cannot be established, pay an amount equivalent to the contribution to
a registered charity or to the local jurisdiction in which the individual is a candidate.
(5) If a candidate fails to comply with subsection (4), the candidate is deemed to have contravened
section 147.2(5) as enacted by section 51 of An Act to Renew Local Democracy in Alberta.
(6) A candidate who fails to comply with subsection (4) is guilty of an offence and liable to a fine of not
more than $5000. 2018 c23 s51
Transitional — municipal candidates
147.95(1) In this section, “candidate” means a candidate for election as a municipal councillor.
(2) If during the campaign period that commenced January 1, 2018, money paid by a candidate in
accordance with section 147.11 of the former Act before the Bill receives first reading equaled or
exceeded $4000, the candidate is not entitled to make any further contributions under section 147.2, as
enacted by section 51 of An Act to Renew Local Democracy in Alberta.
(3) An individual ordinarily resident in Alberta who, before the Bill receives first reading, made
contributions in 2018 to one or more candidates in accordance with section 147.2 of the former Act that
in the aggregate equaled or exceeded $4000 shall not make any further contributions to a candidate in
2018 under section 147.2, as enacted by section 51 of An Act to Renew Local Democracy in Alberta, and
no candidate shall accept those contributions.
(4) On or after the day the Bill receives first reading but before the day it receives Royal Assent, if a
candidate receives a contribution from a person who has, on or after January 1, 2018, already contributed
$4000 or more to one or more candidates, the candidate, no later than 30 days after the Bill receives
Royal Assent, shall return any contribution in excess of $4000 to the contributor, or pay an amount
equivalent to the excess beyond $4000 to a registered charity or to the local jurisdiction in which the
individual is a candidate.
(5) If a candidate fails to comply with subsection (2), (3) or (4), or an individual fails to comply with
subsection (3), the candidate or the individual, as the case may be, is guilty of an offence and liable to a
fine of not more than $5000. 2018 c23 s51
Transitional — school board trustee candidates
147.96(1) In this section, subject to subsection (2), “candidate” means a candidate for election as a school
board trustee.
(2) For the purpose of this section, an individual is a candidate for election as a school board trustee if,
before the Bill receives first reading, the individual accepted contributions or incurred campaign expenses
on or after January 1, 2018, for the purposes of a school board election campaign.
(3) An individual ordinarily resident in Alberta who, before the Bill receives first reading, made
contributions in 2018 to one or more candidates for school board trustee under the former Act that in the
aggregate equaled or exceeded $4000 shall not make any further contributions to a candidate in 2018
under section 147.2, as enacted by section 51 of An Act to Renew Local Democracy in Alberta, and no
candidate shall accept those contributions.
(4) On or after the day the Bill receives first reading but before the day it receives Royal Assent, if a
candidate receives a contribution from a person who has, since January 1, 2018, already contributed
$4000 or more to one or more candidates, the candidate, no later than 30 days after the Bill receives
Royal Assent, shall return any contribution in excess of $4000 to the contributor, or pay an amount
equivalent to the excess beyond $4000 to a registered charity or to the local jurisdiction in which the
individual is a candidate.
15
(5) A candidate shall, no later than 90 days after the Bill receives Royal Assent,
(a) file with the local authority a statement disclosing the total amount of all campaign contributions
held by the candidate, and
(b) pay any campaign surplus held by the candidate to the local authority.
(6) If an individual fails to comply with subsection (3), or a candidate fails to comply with subsection
(4) or (5), the candidate or the individual, as the case may be, is guilty of an offence and liable to a fine of
not more than $5000.
(7) A bylaw made under section 118 of the former Act applies only with respect to campaign expenses
accepted and campaign expenses incurred before the Bill receives first reading, and section 118(2.2) of
the former Act continues to apply with respect to the examination of the statements of contributions and
campaign expenses made under that section.
(8) Despite the repeal of section 118 of the former Act, a school board may make bylaws respecting
the transition from its bylaw passed under section 118(2) of the former Act and the coming into force of
An Act to Renew Local Democracy in Alberta, for the purposes of reporting contributions. 2018 c23 s51
(NOTE: Sections 147.93 to 147.96 are deemed to have come into force on November 5, 2018.)
Offence
151 A candidate for elective office who signs a candidate’s acceptance form that contains a false
statement is guilty of an offence and liable to a fine of not more than $1000. 1983 cL-27.5 s151