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AN ACT TO STRENGTHEN AND PROTECT DEMOCRACY IN ALBERTA

AN ACT TO STRENGTHEN AND PROTECT
DEMOCRACY IN ALBERTA

Chapter 29

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:


Part 1
Election Act

Amends RSA 2000 cE‑1

1   The Election Act is amended by this Part.

 

5   Section 4 is amended

                           (g)    subsection (4) is amended by striking out “disability” and substituting “cause, incapacity”;

 

7   Section 4.2 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Inquiries

4.2(1)  For the purposes of carrying out an inquiry under this Act, the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the inquiry were an inquiry under that Act.

                           (b)    in subsection (2)

                                  (i)    by striking out “or conducting an investigation”;

                                 (ii)    by striking out “the investigation” and substituting “the inquiry”;

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

(2.1)  Before entering a private dwelling or a part of premises used as a private dwelling to carry out the powers described in subsection (2), a representative of the Chief Electoral Officer shall

                                 (a)    obtain the consent of the occupant or the legal representative of the occupant of the private dwelling or the part of the premises used as a private dwelling, or

                                 (b)    obtain an order from the Court.

 

8   Sections 4.3 and 4.4 are repealed.

 

13   Section 13.1 is amended

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

(3.1)  At the request of the Chief Electoral Officer, the Department, as defined in the Health Information Act, may in the manner that the Department considers appropriate, provide personal health numbers and the information set out in section 13(2)(a) to (f) of this Act with respect to persons ordinarily resident in Alberta who are electors or will be eligible to be electors that is in the custody or under the control of the Department to the Chief Electoral Officer, for the purpose of maintaining and revising the register.

                           (b)    by adding the following after subsection (5):

(6)  At the request of the Chief Electoral Officer, the Minister of Education, a board of a school district or division or an operator of a private school or charter school shall disclose to the Chief Electoral Officer the information referred to in section 13(2)(a) to (f) with respect to students who are at least 16 years of age enrolled in a school operated by a board or operator for use by the Chief Electoral Officer for the purpose of maintaining and revising the register.

(7)  For the purposes of subsection (6), “charter school”, “private school” and “board” mean “charter school”, “private school” and “board” as defined in the School Act.

 

87   Section 153.1 is amended

                            (a)    by striking out “Chief Electoral Officer” wherever it occurs and substituting “Election Commissioner”;

 

88   The following is added after section 153.1:

Time limit

153.2(1)  A letter of reprimand or a notice of administrative penalty may not be served more than 3 years after the date on which the alleged contravention occurs.

(2)  A disclosure under section 206.1(3)(a) may be made with respect to an alleged contravention that occurred before the coming into force of this section, but may not be made with respect to an alleged contravention that occurred more than 3 years before the coming into force of this section.

Appeal of administrative penalty

153.3(1)  A person or entity who is served with a notice of administrative penalty under section 153.1 may appeal the Election Commissioner’s decision by filing an application with the Court within 30 days from the date the notice was served.

(2)  The application must be accompanied with a copy of the notice of administrative penalty and state the reasons for the appeal.

(3)  A copy of the application must be served on the Election Commissioner not less than 30 days before the appeal is to be heard.

(4)  The Court may, on application either before or after the time referred to in subsection (1), extend that time if it considers it appropriate to do so.

(5)  On hearing the appeal, the Court may confirm, rescind or vary the amount of the administrative penalty.

Compliance agreements

153.4(1)  In this Part, “contracting party” means a person with whom the Election Commissioner enters into a compliance agreement under this Act.

(2)  If the Election Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of this Act, except a contravention under Part 6, the Election Commissioner may enter into a compliance agreement with that person for the purpose of ensuring compliance with this Act.

(3)  A compliance agreement may contain any terms and conditions that the Election Commissioner considers necessary to ensure compliance with this Act.

(4)  Before entering into a compliance agreement, the Election Commissioner shall require the consent of the prospective contracting party to the publication of a notice under section 153.5.

(5)  A compliance agreement may include a statement by the contracting party that the contracting party admits responsibility for the act or omission that constitutes a contravention of this Act.

(6)  The fact that a compliance agreement was entered into, and any statement referred to in subsection (5), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

(7)  When a compliance agreement is entered into, a prosecution of the contracting party for an act or omission that led to the agreement shall not be instituted and any prosecution already instituted is suspended.

(8)  The Election Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Election Commissioner or contracting party at any time before it is fully executed.

Notice of compliance agreement

153.5(1)  When, in the opinion of the Election Commissioner, the compliance agreement has been complied with, the Election Commissioner shall give a notice to that effect to the contracting party.

(2)  On the giving of a notice under subsection (1), any prosecution of the contracting party that is based on the act or omission in question terminates and no further prosecution shall be instituted based on that act or omission.

Failure to comply

153.6   If the Election Commissioner is of the opinion that a contracting party

                                 (a)    failed to disclose all material facts when the compliance agreement was entered into, or

                                 (b)    has failed to comply with a term of the compliance agreement,

the Election Commissioner shall give notice of the failure to the contracting party, informing the contracting party that the Election Commissioner may serve a notice of administrative penalty or a letter of reprimand under section 153.1, or may consent to a prosecution in respect of the original act or omission or, if a prosecution has been suspended by section 153.4(7), that those proceedings are no longer suspended.

Publication of notice

153.7   The Election Commissioner may publish a notice on the Election Commissioner’s website that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement.

Application for injunction

153.8(1)  If the Election Commissioner has reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, the Election Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply by originating application to the Court for an injunction described in subsection (2).

(2)  If the Court, on application by the Election Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the Court may issue an injunction ordering any person named in the application to do one or both of the following:

                                 (a)    refrain from committing any act that appears to the Court to be contrary to this Act;

                                 (b)    do any act that appears to the Court to be required by this Act.

(3)  No injunction may be issued under subsection (2) unless at least 48 hours’ notice is given to each person named in the application, or the urgency of the situation is such that service of notice would not be in the public interest.

 

90   The following is added after section 154:

Contravention of compliance agreement

154.1   A contracting party who enters into a compliance agreement under this Act and

                                 (a)    failed to disclose all material facts when the compliance agreement was entered into, or

                                 (b)    fails to comply with the compliance agreement

is guilty of an offence and liable to a fine of not more than $5000 or to imprisonment for a term of not more than one year or to both fine and imprisonment.

 

99   Section 163.1(1) is amended by striking out “Chief Electoral Officer” and substituting “Election Commissioner”.

 

102   Section 178 is amended

                            (a)    in subsection (2) by adding “and the Election Commissioner” after “Chief Electoral Officer”;

                           (b)    in subsection (4) by striking out “Chief Electoral Officer receives” and substituting “Chief Electoral Officer and the Election Commissioner receive”.

 

103   Section 179(1) is amended by adding “and the Election Commissioner” after “Chief Electoral Officer”.

 

105   Section 188(1) is amended by adding “and the Election Commissioner” after “Chief Electoral Officer”.

 

106   Section 195(1) is amended by adding “and the Election Commissioner” after “Chief Electoral Officer”.

 

107   Section 197(2) is amended by adding “and the Election Commissioner” after “facts to the Chief Electoral Officer”.

 

108   Section 200 is amended by adding “and the Election Commissioner” after “send to the Chief Electoral Officer”.

 

109   The following is added after section 206:

Disclosure

206.1(1)  Except as provided in subsections (2) and (3), the Chief Electoral Officer, the Election Commissioner, any former Chief Electoral Officer, any former Election Commissioner, every person who is or was employed or engaged by the Office of the Chief Electoral Officer to carry out the duties of the Chief Electoral Officer and every person who is or was employed or engaged by the Office of the Election Commissioner to carry out the duties of the Election Commissioner shall maintain the confidentiality of all information, complaints and allegations that come to their knowledge.

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

                                 (a)    disclosed by the Chief Electoral Officer to the Election Commissioner for the purpose of carrying out the Election Commissioner’s powers, duties and functions under this Act,

                                 (b)    disclosed by the Election Commissioner to the Chief Electoral Officer for the purposes of carrying out the Chief Electoral Officer’s powers, duties and functions under this Act,

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

                                 (d)    disclosed to a registered political party if a constituency association, a registered candidate, a nomination contestant or a leadership contestant of that registered political party is the subject of an investigation under this Act,

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

                                 (f)    disclosed in the course of an appeal to the Court under section 153.3,

                                 (g)    adduced in evidence at an inquiry, or

                                 (h)    disclosed where the Election Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising the Minister of Justice and Solicitor General or a law enforcement agency of an alleged offence under this Act or any other enactment of Alberta or an Act or regulation of Canada.

(3)  Findings and decisions, and any additional information that the Election Commissioner considers to be appropriate, shall be published on the Election Commissioner’s website in the following circumstances:

                                 (a)    if an administrative penalty is imposed or a letter of reprimand is issued under section 153.1;

                                 (b)    if the Election Commissioner has provided notice under section 153.091(4) and receives a written request for disclosure from a person or organization who received the notice.

Duty to provide document or information

206.2(1)  On the request of the Election Commissioner, the Chief Electoral Officer shall disclose to the Election Commissioner any document or information that the Chief Electoral Officer obtained under this Act that the Election Commissioner considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act.

(2)  On the request of the Chief Electoral Officer, the Election Commissioner shall disclose to the Chief Electoral Officer any document or information that the Election Commissioner obtained under this Act that the Chief Electoral Officer considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act.

Duty to refer complaints and allegations
and to report acts or omissions

206.3   The Chief Electoral Officer shall within a reasonable time

                                 (a)    refer any complaint or allegation received by the Chief Electoral Officer under this Act to the Election Commissioner, and

                                 (b)    report any act or omission that in the Chief Electoral Officer’s opinion likely constitutes an offence under this Act to the Election Commissioner.

Judicial review

206.4   An application for judicial review of a decision or order of the Chief Electoral Officer or the Election Commissioner under this Act must be filed with the Court and served on the Chief Electoral Officer or the Election Commissioner, as the case may be, no later than 30 days from the date of the decision or order.

Amends RSA 2000 cF‑25

­­112   The Freedom of Information and Protection of Privacy Act is amended in section 1(m) by adding “the Election Commissioner,” after “the Chief Electoral Officer,”.

Amends SA 2003 cP‑6.5

113   The Personal Information Protection Act is amended in section 4(3)(g) by adding the following after subclause (iii):

                            (iii.1)    the Election Commissioner;

Amends SA 2008 cS‑4.7

114   The Security Services and Investigators Act is amended in section 10(o) by adding “the Election Commissioner,” after “the Chief Electoral Officer,”.

Part 2
Election Finances and
Contributions Disclosure Act

Amends RSA 2000 cE‑2

115   The Election Finances and Contributions Disclosure Act is amended by this Part.

 

116   Section 1(1) is amended

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

                            (f.01)    “Election Commissioner” means the Election Commissioner appointed under the Election Act;

 

117   Section 4(1) is amended

                           (b)    in clause (b) by striking out “or conduct periodic investigations of”;

                            (c)    by repealing clause (b.1).

 

118   Section 5 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Powers of Chief Electoral Officer

5(1)  For the purposes of carrying out an examination or inquiry referred to in section 4(1), the Chief Electoral Officer has all the powers of a commissioner under the Public Inquiries Act as though the examination or inquiry were an inquiry under that Act.

                           (b)    in subsection (2)

                                  (i)    by striking out , or conducting an investigation,”;

                                 (ii)    by striking out “examination, inquiry or investigation” and substituting “examination or inquiry”;

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

(2.1)  Before entering a private dwelling or a part of premises used as a private dwelling to carry out the powers described in subsection (2), a representative of the Chief Electoral Officer shall

                                 (a)    obtain the consent of the occupant or the legal representative of the occupant of the private dwelling or the part of the premises used as a private dwelling, or

                                 (b)    obtain an order from the Court.

 

119   Section 5.1 is repealed.

 

120   Section 5.2 is repealed and the following is substituted:

Disclosure

5.2(1)  Except as provided in subsections (2) and (3), the Chief Electoral Officer, the Election Commissioner, any former Chief Electoral Officer, any former Election Commissioner, every person who is or was employed or engaged by the Office of the Chief Electoral Officer to carry out the duties of the Chief Electoral Officer and every person who is or was employed by the Office of the Election Commissioner to carry out the duties of an Election Commissioner shall maintain the confidentiality of all information, complaints and allegations that come to their knowledge.

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

                                 (a)    disclosed by the Chief Electoral Officer to the Election Commissioner for the purpose of carrying out the Election Commissioner’s powers, duties and functions under this Act,

                                 (b)    disclosed by the Election Commissioner to the Chief Electoral Officer for the purposes of carrying out the Chief Electoral Officer’s powers, duties and functions under this Act,

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

                                 (d)    disclosed to a political party if a constituency association, a registered candidate, a nomination contestant or a leadership contestant of that political party is the subject of an investigation under this Act,

                                 (e)    disclosed to the Minister responsible for the Alberta Personal Income Tax Act where a contribution has been made or accepted in contravention of this Act for which a receipt has been issued under section 33,

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

                                 (g)    disclosed in a report made by the Chief Electoral Officer under section 44(1),

                                 (h)    disclosed in the course of an appeal to the Court of Queen’s Bench under section 51.03,

                                  (i)    adduced in evidence at an inquiry, and

                                  (j)    disclosed where the Election Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising the Minister of Justice and Solicitor General or a law enforcement agency of an alleged offence under this Act or any other enactment of Alberta or an Act or regulation of Canada.

(3)  Findings and decisions, and any additional information that the Election Commissioner considers to be appropriate, shall be published on the Election Commissioner’s website in the following circumstances:

                                 (a)    subject to section 51.02(2), if an administrative penalty is imposed or a letter of reprimand is issued under section 51 or 51.01;

                                 (b)    if the Election Commissioner has provided notice under section 44.97(4) and receives a written request for disclosure from a person or organization who received the notice.

Duty to provide document or information

5.3(1)  On the request of the Election Commissioner, the Chief Electoral Officer shall disclose to the Election Commissioner any document or information that the Chief Electoral Officer obtained under this Act that the Election Commissioner considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act.

(2)  On the request of the Chief Electoral Officer, the Election Commissioner shall disclose to the Chief Electoral Officer any document or information that the Election Commissioner obtained under this Act that the Chief Electoral Officer considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act.

Duty to refer complaints and allegations
and to report acts or omissions

5.4   The Chief Electoral Officer shall within a reasonable time

                                 (a)    refer any complaint or allegation received by the Chief Electoral Officer under this Act to the Election Commissioner, and

                                 (b)    report any act or omission that in the Chief Electoral Officer’s opinion likely constitutes an offence under this Act to the Election Commissioner.

 

132   The following is added before Part 7:

Part 6.3
Election Commissioner

Duties of Election Commissioner

44.95   The Election Commissioner, in addition to the Election Commissioner’s powers and duties under the Election Act,

                           (a)    may conduct periodic investigations of the financial affairs and records of

                                  (i)    registered parties and registered constituency associations,

                                (ii)    registered candidates in relation to election campaigns,

                               (iii)    registered leadership contestants in relation to leadership contests,

                               (iv)    registered nomination contestants in relation to nomination contests, and

                                 (v)    registered third parties in relation to election advertising or political advertising under Part 6.1,

                                and

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

Powers of Election Commissioner

44.96(1)  For the purpose of conducting an investigation referred to in section 44.95, the Election Commissioner has all the powers of a commissioner under the Public Inquiries Act as though the investigation were an inquiry under that Act.

(2)  For the purpose of conducting an investigation referred to in section 44.95, a representative of the Election Commissioner, on production of the representative’s authorization from the Election Commissioner, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association, candidate, nomination candidate, leadership contestant or third party relevant to the subject‑matter of the investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

(3)  Before entering a private dwelling or a part of premises used as a private dwelling to carry out the powers described in subsection (2), a representative of the Election Commissioner shall

                                 (a)    obtain the consent of the occupant or the legal representative of the occupant of the private dwelling or the part of the premises used as a private dwelling, or

                                 (b)    obtain an order from the Court.

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

Notice of investigation and conclusion

44.97(1)  At any time before completing an investigation referred to in section 44.95(b), the Election Commissioner shall notify any person or organization who is the subject of the investigation that the person or organization is being investigated and inform the person or organization of the nature of the matter being investigated, unless the Election Commissioner believes that doing so would compromise or impede the investigation.

(2)  The Election Commissioner may refuse to conduct or may cease an investigation if the Election Commissioner is of the opinion that

                           (a)    the matter is frivolous or vexatious, or

                           (b)    there are no grounds or insufficient grounds to warrant an investigation or the continuation of an investigation.

(3)  The Election Commissioner shall not make any adverse finding against a person or organization unless that person or organization has had reasonable notice of the substance of the allegations and a reasonable opportunity to present his or her or its views.

(4)  If the Election Commissioner refuses to conduct or ceases an investigation under subsection (2), or determines that no offence was committed, the Election Commissioner

                           (a)    shall provide notice of that decision to

                                  (i)    every person or organization who

                                      (A)    is the subject of the investigation, or

                                      (B)    would have been the subject of an investigation if the Election Commissioner had not refused to conduct an investigation,

                                      and

                                (ii)    every person or organization who requested an investigation, if any,

                                and

                           (b)    may, as the Election Commissioner considers to be appropriate, provide notice of that decision to any other person or organization involved in the matter referred to in section 44.95(b).

 

133   Section 48.2 is amended by adding “or the Election Commissioner” after “Chief Electoral Officer”.

 

134   The following is added after section 50:

Contravention of compliance agreement

50.1   A contracting party who enters into a compliance agreement under this Act and

                                 (a)    failed to disclose all material facts when the compliance agreement was entered into, or

                                 (b)    fails to comply with the compliance agreement

is guilty of an offence and liable to a fine of not more than $5000.

 

135   Section 51(1) and (2) are amended by striking out “Chief Electoral Officer” wherever it occurs and substituting “Election Commissioner”.

 

136   Section 51.01 is amended by striking out “Chief Electoral Officer” wherever it occurs and substituting “Election Commissioner”.

 

137   Section 51.03 is amended

                            (a)    in subsection (1) by striking out “Chief Electoral Officer’s” and substituting “Election Commissioner’s”;

                           (b)    in subsection (3) by striking out “Chief Electoral Officer” and substituting “Election Commissioner”. 

 

138   The following is added after section 51.03:

Compliance agreements

51.04(1)  In this Part, “contracting party” means a person with whom the Election Commissioner enters into a compliance agreement under this Act.

(2)  If the Election Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of this Act, the Election Commissioner may enter into a compliance agreement with that person for the purpose of ensuring compliance with this Act.

(3)  A compliance agreement may contain any terms and conditions that the Election Commissioner considers necessary to ensure compliance with this Act.

(4)  Before entering into a compliance agreement, the Election Commissioner shall require the consent of the prospective contracting party to the publication of a notice under section 51.07.

(5)  A compliance agreement may include a statement by the contracting party that the contracting party admits responsibility for the act or omission that constitutes a contravention of this Act.

(6)  The fact that a compliance agreement was entered into, and any statement referred to in subsection (5), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

(7)  When a compliance agreement is entered into, a prosecution of the contracting party for an act or omission that led to the agreement shall not be instituted and any prosecution already instituted is suspended.

(8)  The Election Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Election Commissioner or contracting party at any time before it is fully executed.

Notice of compliance agreement

51.05(1)  When, in the opinion of the Election Commissioner, the compliance agreement has been complied with, the Election Commissioner shall give a notice to that effect to the contracting party.

(2)  On the giving of a notice under subsection (1), any prosecution of the contracting party that is based on the act or omission in question terminates and no further prosecution shall be instituted based on that act or omission.

Failure to comply

51.06   If the Election Commissioner is of the opinion that a contracting party

                                 (a)    failed to disclose all material facts when the compliance agreement was entered into, or

                                 (b)    has failed to comply with a term of the compliance agreement,

the Election Commissioner shall give notice of the failure to the contracting party, informing the contracting party that the Election Commissioner may serve a notice of administrative penalty or a letter of reprimand under section 51.01, or may consent to a prosecution in respect of the original act or omission or, if a prosecution has been suspended by section 51.04(7), that those proceedings are no longer suspended.

Publication of notice

51.07   The Election Commissioner may publish a notice on the Election Commissioner’s website that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement.

Application for injunction

51.08(1)  If the Election Commissioner has reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, the Election Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply by originating application to the Court for an injunction described in subsection (2).

(2)  If the Court, on application by the Election Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the Court may issue an injunction ordering any person named in the application to do one or both of the following:

                                 (a)    refrain from committing any act that appears to the Court to be contrary to this Act;

                                 (b)    do any act that appears to the Court to be required by this Act.

(3)  No injunction may be issued under subsection (2) unless at least 48 hours’ notice is given to each person named in the application, or the urgency of the situation is such that service of notice would not be in the public interest.

 

139   Section 51.1(1) is amended by striking out “Chief Electoral Officer” and substituting “Election Commissioner”.

 

140   Section 53 is amended by striking out “Chief Electoral Officer” and substituting “Election Commissioner”.

 

141   The following is added after section 53:

Judicial review

54   An application for judicial review of a decision or order of the Chief Electoral Officer or the Election Commissioner under this Act must be filed with the Court of Queen’s Bench and served on the Chief Electoral Officer or the Election Commissioner, as the case may be, no later than 30 days from the date of the decision or order.

Part 3
Transitional and Coming into Force

Transitional

142(1)  In this section and section 143,

                           (a)    “former Election Act” means the Election Act as it read immediately before the coming into force of this section;

                           (b)    “former Election Finances and Contributions Disclosure Act” means the Election Finances and Contributions Disclosure Act as it read immediately before the coming into force of this section;

                           (c)    “new Election Act” means the Election Act as amended by this Act;

                           (d)    “new Election Finances and Contributions Disclosure Act” means the Election Finances and Contributions Disclosure Act as amended by this Act;

                           (e)    “this Act” means An Act to Strengthen and Protect Democracy in Alberta.

(2)  Where the Chief Electoral Officer under the former Election Act has commenced an investigation that is not completed before the Election Commissioner is appointed under section 153.02 of the new Election Act, the Chief Electoral Officer shall continue the investigation to its conclusion, including, if applicable, the imposition of any administrative penalty or issuance of any letter of reprimand, in accordance with the former Election Act

(3)  Where the Chief Electoral Officer under the former Election Finances and Contributions Disclosure Act has commenced an investigation that is not completed before the Election Commissioner is appointed under section 153.02 of the new Election Act, the Chief Electoral Officer shall continue the investigation to its conclusion, including, if applicable, the imposition of any administrative penalty or issuance of any letter of reprimand, in accordance with the former Election Finances and Contributions Disclosure Act.

(4)  For greater certainty,

                           (a)    the former Election Act rather than the new Election Act continues to apply for all purposes with respect to an investigation referred to in subsection (2);

                           (b)    the former Election Finances and Contributions Disclosure Act rather than the new Election Finances and Contributions Disclosure Act continues to apply for all purposes with respect to an investigation referred to in subsection (3).

(5)  The Lieutenant Governor in Council may make regulations respecting any matter related to the continuation of investigations by the Chief Electoral Officer pursuant to subsection (2) or (3).

Transitional

143   Before the Election Commissioner is appointed under section 153.02 of the new Election Act, a reference in section 134.2 of the new Election Act to the Election Commissioner shall be read as a reference to the Chief Electoral Officer.

Transitional

144(1)  On the date Bill 32, An Act to Strengthen and Protect Democracy in Alberta, receives Royal Assent, the Standing Committee on Legislative Offices shall invite applications for the position of Election Commissioner and recommend to the Legislative Assembly the applicant it considers most suitable.

(2)  When the work referred to in subsection (1) has been completed, the Standing Committee on Legislative Offices shall report to the Legislative Assembly if it is then sitting or, if it is not then sitting, the Standing Committee on Legislative Offices may release its report by depositing a copy with the Clerk and forwarding a copy to each Member of the Legislative Assembly.

Application

145   This Act with respect to a by‑election applies only to a by‑election the writ for which is issued on or after January 1, 2018.

 

146(1)  Subject to subsection (2), this Act, except sections 1, 115, 144 and this section, come into force on January 1, 2018.

(2)  The following provisions come into force on Proclamation:

section 2(a)(iii);
section 5(g);
section 7;
section 8;
section 13;
section 86;
section 87(a);
section 88;
section 90;
section 99;
section 102;
section 103;
sections 105 to 109;
sections 112 to 114;
section 116(c);
section 117(b) and (c);
sections 118 to 120;
sections 132 to 142.