HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Holding referendums
1 The Lieutenant Governor in
Council may order that a referendum be held on any question relating to the
Constitution of Canada or relating to or arising out of a possible change to
the Constitution of Canada.
1992 cC‑22.25 s1
Referendum to precede
constitutional change
2(1) The Lieutenant Governor in Council shall order
the holding of a referendum before a resolution authorizing an amendment to the
Constitution of Canada is voted on by the Legislative Assembly.
(2) The motion for the resolution may be introduced
in the Legislative Assembly before the referendum is held.
1992 cC‑22.25 s2
Question to be asked
3 The question or questions to
be put to the electors at a referendum shall be determined by a resolution of
the Legislative Assembly on the motion of a member of the Executive Council.
1992 cC‑22.25 s3
When referendum binding
4(1) If a majority of the ballots validly cast at a
referendum vote the same way on a question stated, the result is binding,
within the meaning of subsection (2), on the government that initiated the
referendum.
(2) If the results of a referendum are binding, the
government that initiated the referendum shall, as soon as practicable, take
any steps within the competence of the Government of Alberta that it considers
necessary or advisable to implement the results of the referendum.
1992 cC‑22.25 s4
Time of referendum
5 An order under section 1 or 2 shall
specify whether the referendum is to be held
(a) in
conjunction with a general election under the Election Act,
(b) separately
on a date provided in the order, or
(c) in conjunction with the general elections
under the Local Authorities Election Act.
1992 cC‑22.25 s5
Application of Election
Act
6(1) If a referendum is to be held in conjunction
with a general election under the Election
Act or separately on a date provided for under section 5(b), the Election Act and the regulations under
it apply, with all necessary modifications, to the referendum except as
otherwise provided by the regulations under this Act.
(2) The persons eligible to vote at a referendum to
which the Election Act applies are
the persons who would be eligible to vote at an election under the Election Act on the day the referendum
is held.
1992 cC‑22.25 s6
Application of Local
Authorities Election Act
7(1) If a referendum is to be held in conjunction
with the general elections under the Local
Authorities Election Act, the Local
Authorities Election Act and the regulations under it apply, with all
necessary modifications, to the referendum except as otherwise provided by the
regulations under this Act.
(2) The persons eligible to vote at a referendum to
which the Local Authorities Election Act
applies are the persons who would be eligible to vote at an election under the Local Authorities Election Act on the
day the referendum is held.
1992 cC‑22.25 s7
When councils to conduct
vote
8(1) When a referendum is to be held under the Local Authorities Election Act, every
council shall conduct the referendum of the electors residing in the municipality,
except as otherwise provided in this section.
(2) The
council shall conduct the referendum notwithstanding that a general election
under the Local Authorities Election Act
is not required in that municipality.
(3) If
a council has entered into an agreement with one or more elected authorities in
the same area for the conduct of a general election under the Local Authorities Election Act, the
elected authority that is responsible for the conduct of the general election
under the agreement shall conduct the referendum and has all the rights, powers
and duties of the council to conduct the referendum.
(4) The
Minister of Municipal Affairs is responsible for conducting a referendum of the
electors residing in improvement districts, special areas, Metis settlements,
summer villages, Indian reserves and national parks and for the purposes of the
referendum has all the rights, powers and duties of a council to conduct the
referendum, including the authority to appoint returning officers and other election
officers.
(5) The
Minister of Municipal Affairs may enter into an agreement
(a) with
any elected authority in the area or in an area adjacent to an improvement
district, special area, Metis settlement, summer village, new town, Indian
reserve or national park, or
(b) with
the advisory council of an improvement district or the advisory committee of a
special area, the settlement council of a Metis settlement, the board of
administrators of a new town or the council of a summer village
to conduct the referendum
on the Minister’s behalf, and the elected authority, advisory council, advisory
committee, settlement council, board of administrators or council has authority
to enter into such an agreement.
(6) An
elected authority, advisory council, advisory committee, settlement council,
board of administrators or council that enters into an agreement under
subsection (5) has all the rights, powers and duties of the Minister of
Municipal Affairs to conduct the referendum.
(7) In
accordance with the regulations, payments must be made to elected authorities
and other bodies that conduct a referendum.
(8) In this section, “council” and “elected
authority” include the council of the City of Lloydminster.
1992 cC‑22.25
s8;1994 cM‑26.1 s642(12)
Results of referendum
9(1) The Chief Electoral Officer shall announce the
results of a referendum in accordance with the regulations.
(2) The Minister responsible for the administration
of this Act shall report the results of a referendum to the Legislative
Assembly as soon after they are known as practicable.
1992 cC‑22.25 s9
Regulations
10 The Lieutenant Governor in Council may
make regulations
(a) modifying
the provisions of the Election Act
and the Local Authorities Election Act
and the regulations under those Acts to make them applicable to the
requirements of a referendum, including adding to and declaring any provisions
of those Acts and regulations to be or not to be applicable to the referendum;
(b) prescribing
the duties and powers of the Chief Electoral Officer in connection with
referendums;
(c) respecting
amounts that are payable to elected authorities and other bodies conducting a
referendum under section 8;
(d) prohibiting
or regulating, for the purposes of campaigning for or against any question put
to the electors at a referendum,
(i) contributions that may be made to political parties, persons and
groups of persons, and
(ii) expenses that may be incurred by political parties, persons and
groups of persons;
(e) generally respecting any other matters and
things relating to the holding and conduct of a referendum that the Lieutenant
Governor in Council considers necessary to carry out the intent of this Act.
1992 cC‑22.25 s10
Appropriation
11 The cost of conducting a
referendum may be paid out of the General Revenue Fund.
1992 cC‑22.25 s11
National referendum
12 This Act does not apply to a particular
proposal to amend the Constitution of Canada if the Legislative Assembly, on
the motion of a member of the Executive Council, approves the substitution of a
referendum on that proposal held under the Referendum
Act (Canada), but
(a) the
question on the referendum under the Referendum
Act (Canada) must be acceptable to the Legislative Assembly,
(b) that
referendum must be held before the resolution authorizing the amendment to the
Constitution of Canada is voted on by the Legislative Assembly, and
(c) the result of that referendum, as determined
by the majority of ballots validly cast in Alberta, is binding on the
Government of Alberta, which shall, as soon as practicable, take whatever steps
within its competence that it considers necessary or advisable to implement
that result.
1992 c36 s2
