49 Offences
by corporations, etc.
50 General
offences
51 Penalties
52 Prosecution
53 Restrictions
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “by‑election”
means an election other than a general election;
(b) “campaign
period” means the period commencing with the issue of a writ for an election
and terminating 2 months after polling day;
(c) “candidate”
means
(i) with respect to an election under the Election Act, a person
(A) who is a member of the Legislative Assembly,
(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 registered 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;
(d) “constituency
association” with reference to an electoral division means the association or
organization endorsed by a registered party or an elected independent member of
the Legislative Assembly as the official association of that party or
independent member in the electoral division;
(e) “contribution”
means any money or real or personal property that is provided
(i) to a political party, constituency association or candidate, or
(ii) for the benefit of a political party, constituency association or
candidate with its or the candidate’s consent,
without compensation from
that political party, constituency association or candidate;
(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 under the Senatorial Selection Act;
(g) “employee
organization” means any organization other than a trade union that bargains
collectively for any employees in Alberta and for the purposes of this Act all
branches in Alberta of an employee organization are deemed to be one
organization;
(h) “financial institution”
means a bank, a treasury branch, a credit union, a loan corporation or a trust
corporation;
(i) “general
election” means a general election as defined in the Election Act and includes an election under the Senatorial Selection Act;
(j) “person”
includes a candidate but does not include a corporation, employee organization
or trade union;
(k) “polling
day” means the day fixed pursuant to the Election
Act or the Senatorial Selection Act
for voting at an election;
(l) “prohibited
corporation” means
(i) a Provincial corporation as defined in the Financial
Administration Act, and includes a management body within the meaning of
the Alberta Housing Act and a regional health authority and a subsidiary
health corporation under the Regional Health Authorities Act,
(ii) a municipality,
(iii) a Metis settlement,
(iv) a school board under the School Act,
(v) a public post‑secondary institution under the Post‑secondary
Learning Act,
(vi) any corporation that does not carry on business in Alberta, or
(vii) any corporation designated by the Lieutenant Governor in Council
as a prohibited corporation;
(m) “registered
candidate” means a candidate registered under this Act;
(n) “registered
constituency association” means a constituency association registered under
this Act;
(o) “registered
party” means a political party registered under this Act;
(p) “trade
union” means a trade union as defined by the Labour Relations Code, the Public
Service Employee Relations Act or the Canada
Labour Code (Canada), and that holds bargaining rights for employees in
Alberta and for the purposes of this Act all locals in Alberta of a trade union
are deemed to be one trade union.
(2) For
the purposes of this Act, a document that is required to be filed with the
Chief Electoral Officer is filed when it is actually received by the Chief
Electoral Officer.
(3) Corporations
that are associated with one another under section 256 of the Income Tax Act (Canada) shall be
considered as a single corporation for the purposes of this Act but in
determining whether and at what time corporations are associated for the
purposes of this Act, subsection 256(1) of the Income Tax Act (Canada) shall be read as though the words “at any
time in the year” were struck out.
(4) Nothing done or omitted to be done by a
corporation is a contravention of this Act solely because that corporation
subsequently becomes associated with any other corporation.
RSA 2000 cE‑2
s1;2001 c28 s9;2004 c23 s83
Application of Act
2 This Act does not apply to
campaigns and conventions carried on or held in relation to the leadership of a
registered party or in relation to constituency association nominations for
endorsation of official party candidates.
RSA 1980 cE‑3
s2;1992 c12 s47
Prohibited corporations
3 The Lieutenant Governor in Council may designate
corporations to be prohibited corporations for the purposes of this Act.
1984 c48 s3
Part 1
The Chief Electoral Officer
Duties of Chief
Electoral Officer
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 conduct periodic investigations of the financial affairs and
records of
(i) registered parties and constituency associations, and
(ii) registered candidates in relation to election campaigns;
(c) shall
prescribe forms necessary for use under this Act and provide for their printing
and distribution;
(d) shall
cause a statement setting out the amount of the expenses in total based on the
financial statement submitted by each candidate pursuant to section 43 to be
published on the website of the Chief Electoral Officer within 30 days after
the date on which the financial statement is approved by the Chief Electoral
Officer.
(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 and shall transmit the report to the Speaker of the
Legislative Assembly who 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.
RSA 2000 cE‑2
s4;2004 c23 s84
Powers of Chief
Electoral Officer
5(1) For the purpose of carrying out an inquiry or
conducting an examination under this Act, the Chief Electoral Officer has all
the powers of a commissioner under the Public
Inquiries Act as though the inquiry or examination were an inquiry under
that Act.
(2) For
the purpose of carrying out an inquiry or conducting an examination under this
Act, 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 or candidate
relevant to the subject‑matter of the inquiry or examination are kept and
may examine and make copies of the books or documents or remove them
temporarily for the purpose of making copies.
(3) Any
information with respect to the affairs of a registered party, registered
constituency association or registered candidate that is reasonably required by
the Chief Electoral Officer in the course of the Chief Electoral Officer’s
duties under this Act shall be provided by the registered party, constituency
association or candidate within 30 days after receiving a written request for
it from the Chief Electoral Officer or within an extended period that the Chief
Electoral Officer may determine.
(4) All records of a registered party, registered
constituency association or registered candidate shall be retained by that
registered party, registered constituency association or registered candidate
for a period of 2 years following the date on which the financial statements
required under this Act for the period to which the records relate were
required to be filed.
RSA 1980 cE‑3 s4
Part 2
Registration
Qualifications for
registration
6(1) No political party and no person acting for a
political party may accept contributions for the political party or for any
constituency association of that party unless the political party is registered
under this Act.
(2) Any
political party that
(a) held
a minimum of 3 seats in the Legislative Assembly following the most recent
election,
(b) endorsed
candidates nominated in at least 50% of the electoral divisions in the most
recent general election,
(c) endorses
candidates in at least 50% of the electoral divisions following the issue of a
writ of election for a general election, or
(d) at
any time, other than during a campaign period, provides the Chief Electoral
Officer with the names, addresses and signatures of persons who
(i) represent 0.3% of the number of electors eligible to vote at the
last general election,
(ii) are currently eligible to vote in an election, and
(iii) request the registration of that political party,
is, subject to
subsection (3), qualified for registration in the register of political
parties.
(3) A
political party shall not be registered under this Act unless the Chief
Electoral Officer is satisfied that prior to filing an application for
registration the party has established a non‑profit corporation or trust
as a foundation for the purposes of receiving and managing the assets, except
the premises, equipment, supplies and other such property required for the
administration of the affairs of the party, held by the political party
immediately prior to filing the application.
(4) The
assets of a foundation established under subsection (3) shall consist of funds
either on deposit with a financial institution or in authorized trustee
investments.
(5) No
funds or other property may be received by or transferred to a foundation after
the filing of an application for registration of the political party that
established the foundation except for interest on the funds on deposit or the
income from the authorized trustee investments referred to in subsection (4).
(6) Each foundation shall file with the Chief
Electoral Officer on or before April 1 in each year a report of the
expenditures of that foundation during the previous year.
RSA 1980 cE‑3 s5
Registration of
political parties
7(1) The Chief Electoral Officer shall maintain a
register of political parties and, subject to this section, shall register in
it any political party that is qualified to be registered and that files
with the Chief Electoral Officer an
application for registration setting out
(a) the
full name of the political party;
(b) the
political party name or the abbreviation of it to be shown in election
documents;
(c) the
name of the leader of the political party;
(d) the
address of the place or places where records of the political party are
maintained and of the place to which communications may be addressed;
(e) the
names of the principal officers of the political party;
(f) the
name of the chief financial officer of the political party;
(g) the
name and address of the financial institutions to be used by the political
party as the depositories for all contributions made to that political party;
(h) the
names of the political party’s signing officers responsible for each depository
referred to in clause (g);
(i) an
indication of the provision of section 6(2) under which the political party
qualified for registration;
(j) a
statement of the assets and liabilities of the political party as of a date not
earlier than 90 days prior to the date of its application for registration
attested to by its chief financial officer.
(2) On
receipt of an application for registration of a political party, the Chief
Electoral Officer shall examine the application and determine if the political
party is entitled to be registered and
(a) if
the political party is entitled to be registered, enter it in the register of
political parties and so inform the political party, or
(b) if
the political party is not entitled to be registered, so inform the political
party with written reasons for the determination.
(2.1) The Chief Electoral Officer may
refuse to register a political party that proposes to be qualified under
section 6(2)(d) if the information provided under that clause is submitted to
the Chief Electoral Officer less than 60 days before the start of a campaign
period.
(3) The
Chief Electoral Officer shall not register a political party if, in the Chief
Electoral Officer’s opinion,
(a) the
name or the abbreviation of the name of the applying party so nearly resembles
the name or abbreviation of the name of a registered party as to be likely to
be confused with the name or abbreviation of that registered party,
(a.1) the
proposed name was the name of a registered political party whose registration was
cancelled or whose name was changed since the last general election, or
(b) the
proposed name or abbreviation is unacceptable to the Chief Electoral Officer
for any other reason.
(4) When
there is any change in the information required to be provided by subsection
(1)(a) to (i), the registered 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
political parties accordingly.
(5) Notice
under subsection (4) may be sent by fax or electronic mail.
RSA 2000 cE‑2
s7;2004 c23 s85
Registration of
constituency associations
8(1) No constituency association of a registered
party and no person acting for the constituency association shall accept
contributions for the constituency association or for the registered party
unless the constituency association is registered under this Act.
(2) The
Chief Electoral Officer shall maintain a register of constituency associations
and, subject to this section, shall register in it any constituency association
of a registered party or of an independent member in an electoral division that
files with the Chief Electoral Officer an application for registration setting
out
(a) the
full name of the constituency association and of the registered party or
independent member endorsing the constituency association;
(b) the
address of the place or places where records of the constituency association
are maintained and of the place to which communications may be addressed;
(c) the
names of the principal officers of the constituency association;
(d) the
name of the chief financial officer of the constituency association;
(e) the
name and address of the financial institutions to be used by the constituency
association as the depositories for all contributions made to that constituency
association;
(f) the
names of the constituency association’s signing officers responsible for each
depository referred to in clause (e);
(g) a
statement of the assets and liabilities of the constituency association as of a
date not earlier than 90 days prior to the date of its application for
registration attested to by the chief financial officer.
(3) On
receipt of an application for registration of a constituency association, the
Chief Electoral Officer shall examine the application and determine if the
constituency association is entitled to be registered and
(a) if
the constituency association is entitled to be registered, enter it in the
register of constituency associations and so inform the constituency
association, or
(b) if
the constituency association is not entitled to be registered, so inform the
constituency association with written reasons for the determination.
(4) When
there is any change in the information required to be provided by subsection
(2)(a) to (f), the registered constituency association shall notify the Chief
Electoral Officer in writing within 60 days after the alteration and, subject
to section 10, on receipt of the notice the Chief Electoral Officer shall vary
the register of constituency associations accordingly.
(5) Notice
under subsection (4) may be sent by fax or electronic mail.
RSA 2000 cE‑2
s8;2004 c23 s86
Registration of
candidates
9(1) No candidate at an election and no person
acting on behalf of a candidate may
(a) accept
contributions pursuant to section 17, or
(b) use
any funds, including the funds of the candidate,
unless the candidate
is registered under this Act.
(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
(i) is a member of the Legislative Assembly,
(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 candidacy as an independent
candidate at the election in that electoral division;
(b) that,
in the case of a candidate 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 address 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 financial 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 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.
(5) Notice
under subsection (4) may be sent by fax or electronic mail.
RSA 2000 cE‑2
s9;2004 c23 s87
Cancellation of
registration
10(1) The Chief Electoral Officer may cancel the
registration of
(a) a
registered party on application by the registered party, or
(b) a
registered constituency association on application by the constituency
association and the registered party concerned.
(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.
(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 registered 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.
(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.
(5) If
the Chief Electoral Officer is for any reason of the opinion that a registered
party, constituency association or candidate
(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,
the Chief Electoral
Officer may cancel the registration of the registered party, constituency
association or candidate.
(6) If
the Chief Electoral Officer cancels the registration of a political party,
constituency association or candidate, the Chief Electoral Officer shall send
written notice of the cancellation, together with the Chief Electoral Officer’s
reasons for the cancellation, by registered mail to
(a) the
political party, when the registration of that political party is cancelled,
(b) the
constituency association and the political party concerned, when the
registration of that constituency association is cancelled, or
(c) the
candidate, when the registration of that candidate 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 or candidate 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 or
candidate 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 of the political party,
constituency association or candidate, 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, or
(c) if
the cancellation involves a candidate, give written notification of the Chief
Electoral Officer’s decision to the candidate.
(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.
(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, 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.
RSA 2000 cE‑2
s10;2004 c23 s88;2006 c23 s26
Access to documents
11(1) All documents filed with the Chief Electoral
Officer are public records and may on request during normal office hours be
inspected at the offices of the Chief Electoral Officer.
(2) 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 may determine.
RSA 1980 cE‑3 s10
Part 3
Contributions
Continuing use of
campaign funds
12(1) Any campaign funds held by a candidate at the
end of a campaign period that include contributions received by the candidate
for the purpose of the candidate’s campaign shall be held in trust to be
expended for the candidate’s candidacy at the next election.
(2) The
trustee of a trust held pursuant to subsection (1) shall
(a) deposit
the funds in an account maintained by the trustee at a financial institution
for that purpose or invest the funds in authorized trustee investments, and
(b) permit
only interest paid on the funds on deposit and income from the investments
referred to in clause (a), if any, to be added to the funds on deposit.
(3) Funds held in trust under subsection
(1) may, at the option of the candidate, be transferred or paid from time to
time to
(a) the
registered party that proposed or supported the candidate’s registration at the
previous election,
(b) the
registered constituency associations of the registered party that proposed or
supported the candidate’s registration at the previous election,
(c) the
registered candidates of the registered party that proposed or supported the
candidate’s registration at the previous election, or
(d) the
Crown in right of Alberta if the funds cannot be transferred in accordance with
clause (a), (b) or (c).
(4) If
a candidate is not nominated or does not declare the candidate’s candidacy as
an independent candidate for the next election, the candidate shall, not later
than 7 days after the day fixed for nominations, transfer or pay the amount
held by the candidate in trust pursuant to subsection (1) to
(a) the
registered party that proposed or supported the candidate’s registration at the
previous election,
(b) the
registered constituency associations of the registered party that proposed or
supported the candidate’s registration at the previous election, or
(c) the
registered candidates of the registered party that proposed or supported the
candidate’s registration at the previous election,
at the option of the
candidate, or to the Crown in right of Alberta if the funds cannot be
transferred in accordance with clause (a), (b) or (c).
(5) Notwithstanding subsections (3) and (4), funds
held in trust under subsection (1) in respect of a candidate under the Senatorial Selection Act may not be
transferred or paid to a registered constituency association.
RSA 2000 cE‑2
s12;2004 c23 s89
Exemptions
13(1) Funds transferred from
(a) a
foundation under section 6 or a trust under section 12, or
(b) a
trust under section 12 or 13(2) of chapter 18 of the Statutes of Alberta, 1977,
to a registered party,
registered constituency association or registered candidate are not
contributions for the purposes of this Act but shall be recorded as to amount
and source by the recipient of the funds.
(2) Money or property provided by any person,
corporation, trade union or employee organization that does not exceed $50 in
aggregate is 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.
RSA 1980 cE‑3
s12;1982 c17 s2;1992 c12 s50
Deposit of contributions
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 of 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 of record with the Chief
Electoral Officer.
RSA 1980 cE‑3 s13
Anonymous contributions
15(1) Any anonymous contribution in excess of $50
received by a political party, constituency association or candidate registered
under this Act shall not be used or expended, but
(a) shall
be returned to the contributor if the contributor’s identity can be
established, or
(b) if
the contributor’s identity cannot be established, shall be paid over to the
Chief Electoral Officer.
(2) Any amounts received under subsection (1) shall
be paid into the General Revenue Fund.
RSA 2000 cE‑2
s15;2006 c23 s26
Prohibition
16 No prohibited corporation, person normally
resident outside Alberta or trade union or employee organization other than a
trade union or employee organization as defined in this Act shall make any
contributions to a registered party, registered constituency association or
registered candidate.
1984 c48 s4
Limitation on contributions
17(1) For the purposes of an election under the Election Act, contributions by any
person, corporation, trade union or employee organization to registered
parties, registered constituency associations or registered candidates shall
not exceed
(a) in
any year,
(i) $15 000 to each registered party, and
(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,
