52 Official
count of returning officer
53 Retention
of ballot boxes
Part 4
Expiry
54 Expiry
Preamble
WHEREAS the Legislative
Assembly of Alberta on May 27, 1985 and March 10, 1987 expressed unanimously
its resolve to achieve an elected Senate with equal and effective provincial
representation;
WHEREAS in the 1987 Constitutional (Meech Lake) Accord the
First Ministers of Canada agreed, as an interim measure until Senate reform is
achieved, that any person summoned to fill a vacancy in the Senate is to be
chosen from among persons whose names have been submitted by the government of
the province to which the vacancy relates; and
WHEREAS it is
appropriate that persons whose names are submitted to the Queen’s Privy Council
for Canada for appointment to the Senate be determined by the people of Alberta
by democratic election;
THEREFORE 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) “candidate”
means a person
(i) who is nominated as a candidate,
(ii) who is nominated by a registered political party for endorsation
as the official candidate of that party, or
(iii) who, on or after the date of issue of a writ for an election,
declares himself or herself to be an independent candidate at the election;
(b) “council”
means a council as defined in the Local
Authorities Election Act and includes the council of the City of
Lloydminster;
(c) “elected
authority” means an elected authority as defined in the Local Authorities Election Act and includes the council of the City
of Lloydminster;
(d) “election
officer” means an election officer under the Election Act or an officer under the Local Authorities Election Act, as the case may be;
(e) “electoral
division” means an electoral division under the Electoral Divisions Act;
(f) “Senate
nominee” means a person declared elected under this Act.
(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) Except as provided in this Act, words and
phrases used in this Act have the meanings given to them in the Election Act.
1989 cS‑11.5
s1;1998 c29 s2
Part 1
General
Definitions
2 In this Part,
(a) “deputy
returning officer” means a deputy returning officer under the Election Act or a deputy under the Local Authorities Election Act, as the
case may be;
(b) “polling
day” includes an election day as defined in the Local Authorities Election Act;
(c) “polling
place” includes a voting station as defined in the Local Authorities Election Act;
(d) “returning officer” means a returning
officer under the Election Act or the
Local Authorities Election Act, as
the case may be.
1989 cS‑11.5 s2
Submission to Privy
Council
3(1) The Government of Alberta shall submit the
names of the Senate nominees to the Queen’s Privy Council for Canada as persons
who may be summoned to the Senate of Canada for the purpose of filling
vacancies relating to Alberta.
(2) A
person remains as a Senate nominee until
(a) the
person is appointed to the Senate of Canada,
(b) the
person resigns as a Senate nominee by submitting a resignation in writing to
the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act,
(c) the
person’s term as a Senate nominee expires,
(d) the
person takes an oath or makes a declaration or acknowledgement of allegiance,
obedience, or adherence to a foreign power, or does an act whereby the person
becomes a subject or citizen, or entitled to the rights or privileges of a
subject or citizen, of a foreign power,
(e) the
person is adjudged bankrupt or insolvent, or applies for the benefit of any law
relating to insolvent debtors, or becomes a public defaulter,
(f) the
person is convicted of treason or convicted of a felony or of any infamous
crime, or
(g) the
person ceases to be eligible to be nominated as a candidate under section 8,
whichever occurs first.
1989 cS‑11.5
s3;1998 c29 s3
Application of Election
Act
4 For the purposes of this Part, sections 57, 58,
68, 144 to 148 and Parts 5 to 9, except sections 185(2)(c) and 207, of the Election Act apply to an election under
this Act as if it were a general election under the Election Act.
1989 cS‑11.5 s4
Authorization to commence
election
5(1) An election under this Act may be commenced at
any time by the passing of an order of the Lieutenant Governor in Council
(a) setting
out whether the election under this Act is to be held
(i) in conjunction with a general election under the Election Act,
(ii) separately on a date provided for in the order, or
(iii) in conjunction with the general elections under the Local Authorities Election Act;
(b) authorizing
the Lieutenant Governor to issue a writ of election in the prescribed form
addressed to the Chief Electoral Officer and prescribing the date of the writ;
(c) setting
out the number of persons to be elected;
(d) appointing
nomination day;
(e) appointing
the day on which voting is to take place if voting is necessary.
(2) Where
an election under this Act is to be held in conjunction with a general election
under the Election Act,
(a) the
order under subsection (1) shall be made not later than 3 days after the issue
of the writ of election under the Election
Act,
(b) nomination
day shall be the same day as nomination day for the general election under the Election Act, and
(c) polling
day, if voting is necessary, shall be the same day as the day on which voting
is to take place for the general election under the Election Act.
(3) Where
an election under this Act is to be held separately on a date provided for in
the order under subsection (1), the order
(a) shall
appoint the 14th day after the date of the writ issued under subsection (1)(b)
as nomination day, and
(b) shall
provide that, if voting is necessary, the 14th day after nomination day or, if
the 14th day is a holiday, then the next following day not being a holiday,
shall be the day on which voting is to take place.
(4) Where
an election under this Act is to be held in conjunction with a general election
under the Local Authorities Election Act,
the order under subsection (1)
(a) shall
be made not later than 14 days before nomination day,
(b) shall
appoint nomination day as the day determined in accordance with section 25 of
the Local Authorities Election Act,
and
(c) shall appoint election day as the day set
out in section 11(1)(a) of the Local
Authorities Election Act, if voting is necessary.
1989 cS‑11.5
s5;1998 c29 s4
Issue of writ
6 On receipt of a writ under section 5, the Chief
Electoral Officer shall endorse on it the date on which the Chief Electoral
Officer received it and shall
(a) advise
each returning officer that a writ has been issued, and
(b) transmit a copy of the writ to each
returning officer.
1989 cS‑11.5 s6
Eligibility as election
officers
7 A member of the Senate of Canada may not be
appointed as an election officer for the purpose of conducting an election
under this Act.
1989 cS‑11.5 s7
Eligibility for
nomination
8 A person is eligible to be nominated as a
candidate in an election under this Act if
(a) on
the day the nomination paper is filed, the person
(i) meets the qualifications set out in section 23 of the Constitution Act, 1867,
(ii) is not a Member of the House of Commons or Senate of Canada, and
(iii) is not a Member of the Legislative Assembly,
(b) in
the case of an election under this Act that is being held in conjunction with a
general election under the Election Act,
the person is not a candidate at the general election under that Act,
(c) in
the case of an election under this Act that is being held in conjunction with
the general elections under the Local
Authorities Election Act, the person is not a candidate at a general
election under that Act,
(d) the
person is not prohibited from being a candidate for an election under the Election Act under section 57, 58, 178
or 181 of that Act,
(e) the
person is not prohibited from being a candidate for an election under this Act
under section 57, 178 or 181 of the Election
Act, as those sections apply to this Act, and
(f) the person is and has been ordinarily
resident in Alberta for at least 6 months immediately preceding polling day.
1989 cS‑11.5 s8
Nomination of candidates
9(1) At any time following publication of the proclamation
referred to in section 34 or 46 and prior to 2 p.m. of the date fixed for the
closing of nominations, 1500 or more electors may nominate a person eligible to
be a candidate as a candidate by signing a nomination paper in the prescribed
form and filing it with the Chief Electoral Officer.
(2) The
signatures of the electors nominating a candidate shall be witnessed by another
elector who shall complete the required affidavit prior to the filing of the
nomination papers.
(3) A person who is a candidate by virtue of
section 1(1)(a)(ii) or (iii) and who does not file the person’s nomination
papers prior to the time set for the closing of nominations ceases to be a
candidate on the closing of nominations.
1989 cS‑11.5 s9
Official agents of
candidates
10(1) Each person being nominated as a candidate
shall appoint an elector to be the person’s official agent on the person’s
nomination and shall include the name, address and telephone number of the
person so appointed in the appropriate place on the nomination form.
(2) The
duties of an official agent are those prescribed by the candidate.
(3) The
official agent shall not perform the duties of the chief financial officer
unless the official agent is the candidate’s chief financial officer.
(4) If it becomes necessary to appoint a new
official agent, the candidate shall immediately notify the Chief Electoral
Officer in writing of the name, address and telephone number of the person so
appointed.
1989 cS‑11.5 s10
Filing nomination papers
11(1) A nomination paper is not valid unless
(a) it
states an address within Alberta at which documents may be served and notices
given respecting the candidate,
(b) it
contains the appointment, name, address and telephone number of the official
agent of the person being nominated,
(c) it
states that the person being nominated
(i) is eligible under section 8 for nomination, and
(ii) consents to the person’s nomination,
(d) it
states whether the person being nominated is an independent candidate or is the
officially endorsed candidate of a registered political party,
(e) it
is accompanied with an affidavit in the prescribed form of each elector who
witnessed the signatures of the electors nominating the candidate,
(f) the
candidate is a registered candidate under the Election Finances and Contributions Disclosure Act for the purposes
of an election under this Act,
(g) it
is accompanied with a deposit of $4000,
(h) it
is signed by the candidate, and
(i) it
is filed with the Chief Electoral Officer prior to 2 p.m. of the date fixed for
the closing of nominations.
(2) If
the person being nominated is the candidate of a registered political party,
the person shall, at the time of filing the person’s nomination paper, file a
certificate in the prescribed form stating that the person is a candidate for
that registered political party.
(3) On the filing of a valid nomination paper, the
Chief Electoral Officer shall give a receipt in the prescribed form, which is
proof of receipt of the deposit and of the filing of the nomination paper.
1989 cS‑11.5 s11
Deposit of candidate
12(1) The Chief Electoral Officer shall not accept a
deposit tendered under section 11(1)(g) unless it consists of
(a) Bank
of Canada notes,
(b) a
certified cheque or certified bill of exchange,
(c) a
bank or postal money order, or
(d) a
combination of any of those forms.
(2) The
deposit received under section 11(1)(g) shall be refunded to the candidate if
the candidate
(a) is
elected,
(b) obtains
a number of votes equal to at least 1/2 of the total number of votes obtained
by the candidate elected with the least number of votes, or
(c) withdraws
within 48 hours after the filing of the candidate’s nomination paper.
(3) If
a candidate dies after being nominated and prior to the closing of the polling
places on polling day, the deposit shall be refunded to the candidate’s
personal representative.
(4) A deposit that is not refunded under this
section shall be deposited in the General Revenue Fund.
1989 cS‑11.5 s12
Information to be
provided to candidate
13 The Chief Electoral Officer, on filing the
nomination paper of a candidate, shall provide to the candidate the name,
address and telephone number of each returning officer.
1989 cS‑11.5 s13
Election by acclamation
14 If the number of candidates nominated by the
closing of nominations equals or is less than the number of persons to be
elected, the Chief Electoral Officer shall
(a) immediately
declare the candidate or candidates elected, and
(b) make the Chief Electoral Officer’s return in
the prescribed form certifying the election of the candidate or candidates.
1989 cS‑11.5 s14
Necessity of election
15 An election under this Act is necessary if the
number of candidates nominated by the closing of nominations exceeds the number
of persons to be elected.
1989 cS‑11.5 s15
Withdrawal of candidate
16(1) At any time after the filing of a candidate’s
nomination paper but not later than 96 hours before the opening of the polls on
polling day, the candidate may withdraw by filing with the Chief Electoral
Officer a declaration to that effect signed by the candidate and having the
candidate’s signature witnessed.
(2) If
after a candidate withdraws the number of candidates equals or is less than the
number of persons to be elected, the Chief Electoral Officer shall proceed in
accordance with section 14.
(3) If
(a) a
candidate withdraws after the ballots are printed, and
(b) there
remain more candidates than the number of persons to be elected,
the Chief Electoral
Officer shall advise each returning officer of the withdrawal and, if there is
sufficient time, the returning officer shall prepare a notice of withdrawal and
distribute a copy to each deputy returning officer, who shall post it in a
conspicuous location in the deputy returning officer’s polling place.
(4) When there is insufficient time to prepare and
distribute a notice of withdrawal under subsection (3), the Chief Electoral
Officer, when advising the returning officers of the withdrawal, shall instruct
each of them to cause a notice of the withdrawal to be prepared by hand, and
each deputy returning officer shall post the notice in a conspicuous location
in the deputy returning officer’s polling place.
1989 cS‑11.5 s16
Death of candidate
17(1) If a candidate dies after being nominated and
prior to the closing of the polling places on polling day, the election under
this Act is cancelled.
(2) Nominations of candidates previously filed
remain valid for a period of 6 months following the date the election is
cancelled.
1989 cS‑11.5 s17
Close of nominations
18(1) At 2 p.m. on the date fixed for the closing of
nominations, the Chief Electoral Officer shall, at the place fixed for the
filing of nominations,
(a) declare
the nominations closed,
(b) announce
the names of all officially nominated candidates,
(c) announce
the name, address and telephone number of each candidate’s official agent, and
(d) announce
the polling date and the place, date and time at which the official results of
the election will be announced.
(2) On
complying with subsection (1), the Chief Electoral Officer shall, as soon as
possible,
(a) make
available a list of the candidates to each candidate or each candidate’s
official agent, and
(b) publish
in the prescribed form the names and addresses of the candidates’ official
agents in one or more newspapers of general circulation
(i) in each electoral division, in the case of an election held in
accordance with Part 2, and
(ii) in each local jurisdiction, in the case of
an election held in accordance with Part 3.
1989 cS‑11.5 s18
Contents of ballots
19(1) Every ballot used in an election shall contain
a brief explanatory note stating the maximum number of candidates who can be
voted for in order not to make the ballot void.
(2) The
name of each candidate shall be printed on each ballot together with
(a) the
name of the registered political party for which the candidate is the
candidate, or
(b) the
word “Independent” if the candidate is not a candidate for a registered
political party.
(3) The
names of the candidates shall be printed on the ballot as follows:
(a) the
candidate’s
(i) given name,
(ii) initials, or
(iii) nickname
or any combination of them;
(b) the
candidate’s surname shall appear following the given name, initials or
nickname, as the case may be;
(c) the
candidates’ names shall be listed in alphabetical order by surname;
(d) no
titles, degrees, prefixes or suffixes may be included with a name.
(4) The ballot shall be in the prescribed form
unless the ballot is prescribed pursuant to a bylaw made under section 84 of
the Local Authorities Election Act
that was approved pursuant to section 45 of this Act.
1989 cS‑11.5 s19
Printing of ballots
20(1) The Chief Electoral Officer shall have the
ballots for use in the election printed.
(2) The
printer shall deliver to the Chief Electoral Officer with the printed ballots a
completed and executed Affidavit of Printer in the prescribed form.
(3) The
Chief Electoral Officer shall provide each returning officer with a sufficient
quantity of ballots and shall maintain a record of the number provided.
(4) Each
returning officer shall maintain a record of the quantity of ballots provided
to the deputy returning officers.
(5) This section does not apply in a jurisdiction
where the elected authority passes a bylaw under section 84 of the Local Authorities Election Act and the
bylaw is approved under section 45 of this Act.
1989 cS‑11.5 s20
Conduct of official
tabulation
21(1) Each returning officer shall, within 4 days
after the vote has taken place, submit to the Chief Electoral Officer the
Statement of Official Results prepared by the returning officer.
(2) The
Chief Electoral Officer shall add together the results of the counts set out in
the Statements of Official Results prepared by the returning officers in order
to determine which candidate or candidates received the most votes.
(3) The
Chief Electoral Officer shall give written notice to each candidate or each
candidate’s official agent of the place, date and hour of commencement of the
addition referred to in subsection (2).
(4) If
it appears on the addition of the votes that 2 or more candidates received the
same number of votes, and if it is necessary for determining which candidate is
elected, the Chief Electoral Officer shall write the names of those candidates
separately on blank sheets of paper of equal size and of the same colour and
texture and, after folding the sheets of paper in a uniform manner and so that
the names are concealed, shall deposit them in a receptacle and direct some person
to draw one of the sheets, and the Chief Electoral Officer shall declare the
candidate whose name appears on the drawn sheet to have one more vote than the
other candidate or candidates, as the case may be.
(5) The
drawn sheet shall be sealed in an envelope marked with the words “Declared
Vote” and kept separate from the other ballots.
(6) On
completing the addition, the Chief Electoral Officer shall provide to each
candidate or each candidate’s official agent a Certificate and Return in the
prescribed form indicating the number of votes for each candidate and the name
of the candidate or candidates to be declared elected pursuant to section 22.
(7) On complying with subsection (6), the Chief
Electoral Officer shall prepare the Tabulation of Official Results.
1989 cS‑11.5 s21
Announcement of official
results
22(1) The Chief Electoral Officer shall attend at the
place, date and time stated in the election proclamation to announce the
official results of the election under this Act and declare which candidate or
candidates are elected.
(2) Where
only one person is to be elected, the candidate with the highest number of
votes shall be declared elected.
(3) Where
more than one person is to be elected, the candidate with the highest number of
votes shall be declared elected and the candidate with the next highest number
of votes shall be declared elected and so on until the number of candidates to
be elected at the election under this Act are declared elected.
(4) The Chief Electoral Officer shall retain the
Statements of Official Results and the Tabulation of Official Results for a
period of 10 days after announcing the official results of the election under
this Act to allow for possible appeals or applications for a recount of the
votes.
1989 cS‑11.5 s22
Disclaimer
23(1) A candidate who has been declared elected under
this Act may, by filing a disclaimer in the prescribed form with the Chief
Electoral Officer, request
(a) that
the candidate’s name not be submitted to the Queen’s Privy Council for Canada,
or
(b) that,
if the candidate’s name has been submitted, the submission of the candidate’s
name be withdrawn.
(2) Subject
to subsection (3), if a disclaimer is filed under subsection (1), the election
of that candidate is void and a new election shall be held to elect another
person.
(3) The filing of a disclaimer under subsection (1)
does not affect any application for an appeal or recount by another candidate
or the right of that other candidate to be declared elected if that application
or appeal is successful.
1989 cS‑11.5 s23
Appeal and recount
24(1) Notwithstanding section 144 of the Election Act, for the purposes of this
Act,
(a) an
appeal may be commenced within 8 days after the date the Chief Electoral
Officer announces the results of the official count and declares one or more
candidates elected;
(b) an
appeal from a decision of the Chief Electoral Officer may also be made in
relation to the addition of the results contained in the Tabulation of Official
Results;
(c) the
Chief Electoral Officer shall also be given notice of the time and place
appointed for hearing and determining the appeal.
(2) Notwithstanding
section 145 of the Election Act, for
the purposes of this Act,
(a) where
a recount of the votes is required, the Chief Electoral Officer shall attend at
the place, date and time appointed for hearing and determining the appeal but
the Court shall determine which election officers, if any, are required also to
attend;
(b) where
the application is limited to a decision of a returning officer, only the
returning officer and the Chief Electoral Officer are required to attend;
(c) the
Chief Electoral Officer shall bring all the ballot boxes and documents required
for the purposes of disposing of the matter.
(3) Notwithstanding
section 146 of the Election Act, for
the purposes of this Act, the judge shall also hear and determine appeals from
the decision of the Chief Electoral Officer.
(4) The
judge shall verify and, if necessary, amend the Tabulation of Official Results.
(5) Notwithstanding
section 147 of the Election Act, for
the purposes of this Act,
(a) on
conclusion of the appeal, the judge shall immediately certify the result to the
Chief Electoral Officer, who shall declare elected the candidate or candidates
who, taking into account all appeal results, received the highest number of
votes;
(b) on
conclusion of a recount, the judge shall immediately certify the result to the
Chief Electoral Officer, who shall, on the 3rd day after that certification,
unless the Chief Electoral Officer is served with a notice of appeal within
that period, declare elected the candidate or candidates who received the
highest number of votes pursuant to the recount;
(c) if
on a recount an equality of votes exists for 2 or more candidates, the vote drawn
pursuant to section 21(4) shall be counted.
(6) Notwithstanding
section 148 of the Election Act, for
the purposes of this Act,
(a) the
Chief Electoral Officer shall also be served with a notice of appeal and shall
be notified of the date of the hearing,
(b) subsection
(5)(c) applies,
(c) on
determination of the appeal, the Registrar of the Court of Appeal shall
immediately certify the result to the Chief Electoral Officer, who shall then
declare elected the candidate or candidates who received the highest number of
votes pursuant to the appeal, and
(d) if a decision of the Court of Appeal is
successfully appealed to the Supreme Court of Canada, then on receipt by the
Chief Electoral Officer of a certified copy of the judgment of that Court, the
Chief Electoral Officer shall declare elected the candidate or candidates who
received the highest number of votes pursuant to the appeal.
1989 cS‑11.5 s24
Publication of elected
candidates
25(1) Subject to subsection (2), 8 days after the
candidate or candidates are declared elected the Chief Electoral Officer shall
submit a notice of the name of the candidate or candidates declared elected
under this Act for publication in the next issue of The Alberta Gazette.
(2) If there is an appeal in accordance with sections
144 to 148 of the Election Act as
those sections apply to this Act, the names of the persons declared elected
shall be published after the expiration of the appeal period.
1989 cS‑11.5 s25
Application of Part 7 of
Election Act
26 For the purposes of this Act,
(a) the
reference in section 185(1) of the Election
Act to “a candidate as the member of the Legislative Assembly for an
electoral division” is deemed to be a reference to a candidate at an election
under the Senatorial Selection Act;
(b) the reference in section 185(2)(b) of the Election Act to “section 149” is deemed
to be a reference to section 25 of this Act.
1989 cS‑11.5 s26
Candidate contributions
27 For the purposes of this Act, the reference in
section 209 of the Election Act to
“section 17(1)(b)(ii) and (5) of the Election
Finances and Contributions Disclosure Act” is deemed to be a reference to
section 18(1)(b)(ii) and (3) of the Election
Finances and Contributions Disclosure Act.
1989 cS‑11.5 s27
Archives
28 The Chief Electoral Officer shall provide a copy
of the writ, the Tabulation of Official Results and the Statements of Official
Results to the Provincial Archives after each election under this Act.
1989 cS‑11.5 s28
Regulations
29(1) The Lieutenant Governor in Council may make
regulations
(a) respecting
the amounts of honoraria and fees that may be payable to election officers
conducting a vote under Part 2;
(b) respecting
amounts that are payable to elected authorities and other bodies conducting a
vote under Part 3;
(c) respecting
forms, notices and oaths to be used for the purpose of an election under this
Act.
(2) The
Lieutenant Governor in Council may make regulations respecting any matter not
provided for or not sufficiently provided for in this Act, but any regulation
made under this subsection ceases to have effect after the last day of the next
session of the Legislature.
(3) The
Lieutenant Governor in Council may make regulations
(a) fixing
the term of a Senate nominee;
(b) respecting
the duties and functions of a Senate nominee;
(c) respecting
the remuneration and expenses to be paid to a Senate nominee;
