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ELECTION FINANCES AND CONTRIBUTIONS DISCLOSURE ACT

ELECTION FINANCES AND
CONTRIBUTIONS DISCLOSURE ACT

Chapter E‑2

Table of Contents

                1      Interpretation

                2      Application of Act

                3      Prohibited corporations

Part 1
The Chief Electoral Officer

                4      Duties of Chief Electoral Officer

                5      Powers of Chief Electoral Officer

             5.1      Notice of investigation and conclusion

             5.2      Disclosure

Part 2
Registration

                6      Qualifications for registration

                7      Registration of political parties

                8      Registration of constituency associations

                9      Registration of candidates

             9.1      Registration of third parties

             9.2      Registration of leadership contestants

              10      Cancellation of registration

           10.1      Records

              11      Access to documents

Part 3
Contributions

              12      Continuing use of campaign funds

              13      Exemptions

              14      Deposit of contributions

           15.1      Responsibility of contributors

              16      Contributions only by persons

              17      Limitation on contributions

              18      Limitation re Senatorial Selection Act

              19      Excessive contributions

              20      Excessive contributions re Senatorial Selection Act

              21      Prohibition re Senatorial Selection Act

           21.1      Anonymous and unauthorized contributions

              22      Valuing contributions other than money

              23      Fund‑raising functions

              24      General collections

              25      Annual membership fees

Part 4
Collection of Contributions

              29      Chief financial officers

              30      Duties of chief financial officers

              31      Acceptance of contributions

              32      Records of contributions

              33      Receipts

              34      Contributions not belonging to contributor

              35      Prohibited contributions

              36      Funds from federal parties

              37      Prohibition re federal parties

              38      Transfers within parties

              39      Prohibition re transfers

           39.1      Candidate may pay personal expenses

           39.2      Monetary claims against candidate

           39.3      Payment of late claim


Part 5
Loans

              40      Borrowing

              41      Guarantees

Part 6
Financial Statements

              42      Filing of annual financial statements

              43      Filing of financial statements for election campaigns

           43.1      Campaign deficits

              44      Effect of non‑compliance

Part 6.1
Third Party Advertising

           44.1      Definitions

           44.2      Limits on contributions

         44.21      Payments made by third party

           44.3      Additional rules for groups

         44.31      Valuing contributions other than money

         44.32      Fund‑raising functions

         44.33      General collections

           44.4      Loans

           44.5      Anonymous contributions and unauthorized contributions

         44.51      Contributions not belonging to contributor

           44.6      Receipts


           44.7      Third party advertising accounts

           44.8      Identification of third parties

           44.9      Third party election advertising report

         44.91      Audited Financial Statements

         44.92      Continuing use of advertising account

Part 6.2
Leadership Contests

         44.93      Contributions only by persons

         44.94      Contributions

         44.95      Chief financial officer

         44.96      Financial and disclosure statements

Part 7
Prohibitions, Offences and Prosecutions

              45      Obstruction

              46      False documents

              47      False statements

              48      Failure to provide audited statements

              49      Offences by corporations, etc.

           49.1      Third party election advertising offences

              50      General offences

              51      Penalties

         51.01      Administrative penalties

         51.02      Time Limit

         51.03      Appeal of administrative penalty

           51.1      Chief Electoral Officer’s orders

              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)    “Alberta employee organization” means any organization that bargains collectively for employees in Alberta, and for the purposes of this Act all branches in Alberta of an employee organization are deemed to be one employee organization;

                      (a.01)    “Alberta 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) that holds bargaining rights for employees in Alberta, and for the purposes of this Act all locals of a trade union are deemed to be one trade union;

                      (a.02)    “audited financial statement” means a financial statement that has been independently audited by a professional accounting firm registered under the Chartered Professional Accountants Act and authorized to perform an audit engagement;

(NOTE:   On July 1, 2015, the Chartered Professional Accountants Act consequentially amended section 1(1), enacting a new definition of “audited financial state”.  Owing to a technical error, this consequential amendment referred to section 1(1)(a) instead of to the renumbered section 1(1)(a.02).

This consolidation was prepared as if section 175 of the Chartered Professional Accountants Act had referred to the renumbered definition.)

                        (a.1)    “by‑election” means an election other than a general election;

                           (b)    “campaign period” means

                                  (i)    in the case of a general election held in accordance with section 38.1(2) of the Election Act, the period commencing on February 1 in the year in which the election is held and ending 2 months after polling day,

                                (ii)    in the case of a general election held other than in accordance with section 38.1(2) of the Election Act, the period commencing with the issue of a writ for the election and ending 2 months after polling day,

                               (iii)    in the case of an election held under the Senatorial Selection Act, the period commencing with the issue of a writ for the election and ending 2 months after polling day,

                               (iv)    in the case of a by‑election, the period commencing with the issue of a writ for the by‑election and ending 2 months after polling day, and

                                 (v)    in the case of a leadership contest, the period beginning on the date of the official call of the leadership contest, as set out in a statement filed by a registered party under section 9.2, and ending 2 months after the date of the leadership vote;

                           (c)    “candidate” means

                                  (i)    with respect to an election under the Election Act, a person

                                      (A)    repealed 2010 c8 s56,

                                      (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, real property or goods or the use of real property or goods that is provided

                                  (i)    to a political party, constituency association, candidate or leadership contestant, or

                                (ii)    for the benefit of a political party, constituency association, candidate or leadership contestant with the consent of the political party, the constituency association, the candidate or the leadership contestant,

                                    without compensation from that political party, constituency association, candidate or leadership contestant;

                            (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 an organization, other than a trade union, that bargains collectively for employees;

                           (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;

                         (i.1)    “leadership contest” means the procedure by which a registered party selects a leader;

                         (i.2)    “leadership contestant” means a person who seeks the leadership of a registered party at a leadership contest called by that party for that purpose;

                         (i.3)    “leadership vote” means the vote at which the leader of a registered party is selected;

                            (j)    “person” means an individual;

                           (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)    repealed 2012 c5 s58,

                            (vi.1)    a corporation associated with a corporation referred to in subclauses (i) to (v) as determined under subsections (2.1) to (2.3),

                            (vi.2)    a corporation that does not carry on business in Alberta,

                            (vi.3)    a registered charity,

                            (vi.4)    a publicly funded corporation as determined by the regulations, or

                              (vii)    any corporation, or corporation within a class of corporation, designated by the Lieutenant Governor in Council as a prohibited corporation;

                      (l.01)    “prohibited person or entity” means a person not ordinarily resident in Alberta, a corporation and an unincorporated association or organization;

                         (l.1)    “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing;

                          (m)    “registered candidate” means a candidate registered under this Act;

                       (m.1)    “registered charity” means a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada);

                           (n)    “registered constituency association” means a constituency association registered under this Act;

                        (n.1)    “registered leadership contestant” means a leadership contestant registered under section 9.2;

                           (o)    “registered party” means a political party registered under this Act;

                           (p)    “trade union” means an organization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees;

                           (q)    “unincorporated association or organization” includes a trade union and an employee organization.

(1.1)  Terms defined in Part 6.1 relating to third parties apply to the use of those terms with respect to third parties in the rest of 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.

(2.1)  For the purposes of this Act,

                           (a)    a corporation is associated with another corporation if one of them is the subsidiary of the other or both are subsidiaries of the same corporation or each of them is controlled by the same person, and

                           (b)    if 2 corporations are associated with the same corporation at the same time, they are deemed to be associated with each other.

(2.2)  For the purposes of this Act, a corporation is controlled by a person if

                           (a)    securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, other than by way of security only, by or for the benefit of that person, and

                           (b)    the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.

(2.3)  For the purposes of this Act, a corporation is a subsidiary of another corporation if

                           (a)    it is controlled by

                                  (i)    that other corporation,

                                (ii)    that other corporation and one or more corporations, each of which is controlled by that other corporation, or

                               (iii)    2 or more corporations, each of which is controlled by that other corporation,

                               or

                           (b)    it is a subsidiary of a corporation that is that other corporation’s subsidiary.

(3)  Corporations that are associated with one another as determined under subsections (2.1) to (2.3) are considered a single corporation for the purposes of this Act.

(3.1)  Repealed 2012 c5 s58.

(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;2010 c8 s56;
2012 c5 s58;2014 cC‑10.2 s175;2015 c15 s2

Application of Act

2   This Act does not apply to campaigns and conventions carried on or held in relation to constituency association nominations for endorsation of official party candidates.

RSA 2000 cE‑2 s2;2012 c5 s60

Prohibited corporations

3   The Lieutenant Governor in Council may, by regulation,

                           (a)    designate a corporation to be a prohibited corporation;

                           (b)    designate a class of corporation, a corporation within which class is a prohibited corporation;

                           (c)    determine what constitutes a corporation to be a publicly funded corporation for the purpose of section 1(1)(l)(vi.4).

RSA 2000 cE‑2 s3;2012 c5 s60

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 registered constituency associations,

                                (ii)    registered candidates in relation to election campaigns,

                             (ii.1)    registered leadership contestants in relation to leadership contests, and

                               (iii)    registered third parties in relation to election advertising under Part 6.1;

                        (b.1)    may, on the Chief Electoral Officer’s own initiative or at the request of another person or organization, conduct an investigation into any matter that might constitute an offence under this Act;

                           (c)    shall provide or approve forms for the purposes of this Act;

                           (d)    with respect to a registered party, constituency association and registered candidate, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which

                                  (i)    a return is required to be filed with the Chief Electoral Officer under section 32(3) or (4), and

                                (ii)    the financial statement is required to be filed with the Chief Electoral Officer under section 42 or 43;

                        (d.1)    with respect to a registered leadership contestant, shall publish a statement on the Chief Electoral Officer’s website within 30 days after the date on which the financial statement and return are required to be filed with the Chief Electoral Officer under section 44.96;

                        (d.2)    shall include in the statements published by the Chief Electoral Officer under clauses (d) and (d.1) the name of any contributor who has contributed an amount exceeding $250 in the aggregate and the actual amount contributed;

                           (e)    with respect to a third party, shall publish a statement on the  Chief Electoral Officer’s website within 30 days after the date on which the election advertising report is required to be filed with the Chief Electoral Officer under section 44.9, which must include the name of any contributor who has contributed to the third party an amount exceeding $250 in the aggregate, and the actual amount contributed.

(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, including any recommendations for amendments to this Act, and shall transmit the report to the Standing Committee on Legislative Offices, which 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;2010 c8 s57;2012 c5 s61

Powers of Chief Electoral Officer

5(1)  For the purpose of carrying out an examination or inquiry, or conducting an investigation, 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, inquiry or investigation were an inquiry under that Act.

(2)  For the purpose of carrying out an examination or inquiry, or conducting an investigation, referred to in section 4(1), 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, candidate, leadership contestant or third party relevant to the subject‑matter of the examination, inquiry or 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)  A registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party shall, within 30 days after receiving a written request from the Chief Electoral Officer or within an extended period that the Chief Electoral Officer may determine, provide any information with respect to the financial affairs of the registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party that is reasonably required by the Chief Electoral Officer in the course of the Chief Electoral Officer’s duties under this Act.

RSA 2000 cE‑2 s5;2010 c8 s58;2012 c5 s62

Notice of investigation and conclusion

5.1(1)  At any time before completing an investigation referred to in section 4(1)(b.1), the Chief Electoral Officer 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 Chief Electoral Officer believes that doing so would compromise or impede the investigation.

(2)  The Chief Electoral Officer may refuse to conduct or may cease an investigation if the Chief Electoral Officer 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 Chief Electoral Officer 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 Chief Electoral Officer refuses to conduct or ceases an investigation under subsection (2), or determines that no offence was committed, the Chief Electoral Officer

                           (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 Chief Electoral Officer had not refused to conduct an investigation,

                                     and

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

                               and

                           (b)    may, as the Chief Electoral Officer considers to be appropriate, provide notice of that decision to any other person or organization involved in the matter referred to in section 4(1)(b.1).

2012 c5 s62

Disclosure

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

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

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

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

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

                           (d)    adduced in evidence at an inquiry, and

                           (e)    disclosed where the Chief Electoral Officer 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 Chief Electoral Officer considers to be appropriate shall be published on the Chief Electoral Officer’s website in the following circumstances:

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

                           (b)    if the Chief Electoral Officer has provided notice under section 5.1(4) and receives a written request for disclosure from a person or organization who received the notice.

2012 c5 s62

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)    subject to subsection (2.1), 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.

(2.1)  The Chief Electoral Officer may refuse to register a political party that proposes to be qualified under subsection (2)(d) if the information provided under that clause is submitted to the Chief Electoral Officer less than 60 days before the issuance of a writ of election.

(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, not exceeding $5000, either on deposit with a financial institution or invested in accordance with the Trustee Act.

(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 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 2000 cE‑2 s6;2010 c8 s59;2012 c5 s63

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 and 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)  Repealed 2012 c5 s64.

(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.

(3.1)  If a registered party changes its name, the Chief Electoral Officer shall not vary the register accordingly if, in the Chief Electoral Officer’s opinion,

                           (a)    the proposed name or the abbreviation of the name 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,

                           (b)    the proposed name was the name of a registered party whose registration was cancelled or whose name was changed since the last general election, or

                           (c)    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;2010 c8 s60;2012 c5 s64

Registration of constituency associations

8(1)  No constituency association and no person acting for a constituency association shall accept contributions for the constituency association or for its registered party, if applicable, 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;2012 c5 s65

Registration of candidates

9(1)  Subject to subsection (1.1), no candidate and no person acting on behalf of a candidate shall

                           (a)    accept contributions pursuant to section 17 or 18, as the case may be, or

                           (b)    use any funds, including the funds of the candidate,

unless the candidate is registered under this Act.

(1.1)  No registered candidate and no person acting for a registered candidate shall accept contributions or use any funds except during the campaign period.

(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)    repealed 2012 c5 s66,

                                (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 contact information 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 48 hours 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;2010 c8 s61;2012 c5 s66

Registration of third parties

9.1(1)  A third party shall apply for registration under this section

                           (a)    when it has incurred expenses of $1000 or plans to incur expenses of at least $1000 for election advertising, or

                           (b)    when it has accepted election advertising contributions of $1000 or plans to accept election advertising contributions of at least $1000.

(2)  The Chief Electoral Officer shall maintain a register of third parties and, subject to this section, shall register in it any third party who is eligible to be registered and who files with the Chief Electoral Officer an application for registration setting out the following:

                           (a)    the name and contact information

                                  (i)    if the third party is a person, of the person,

                                (ii)    if the third party is a corporation, of the corporation and of the officer who has signing authority for it, and

                               (iii)    if the third party is a group, of the group and of the principal officers of the group or, if there are no principal officers, the principal members;

                           (b)    the address and telephone number of the place or places in Alberta where records of the third party are maintained and of the place in Alberta where communications may be addressed;

                           (c)    the name, address and telephone number of the chief financial officer responsible for the advertising account of the third party;

                           (d)    the name and address of the financial institution to be used by the third party for its advertising account;

                           (e)    the names of the signing authorities for the advertising account;

                            (f)    any additional information required by the Chief Electoral Officer concerning an advertising account.

(3)  If the third party has a governing body, the application must include a copy of the resolution passed by the governing body authorizing the third party to incur election advertising expenses.

(4)  The Chief Electoral Officer shall not register a third party if, in the Chief Electoral Officer’s opinion,

                           (a)    the name or the abbreviation of the name of the applicant so nearly resembles the name or abbreviation of the name or a nickname of another registered third party, or of a candidate, political party or political organization that is active anywhere in Alberta, that confusion is likely, or

                           (b)    the proposed name was the name of a registered party or registered third party whose registration was cancelled or whose name was changed since the last general election.

(5)  The following are not eligible to be registered under this section:

                           (a)    a corporation that does not carry on business in Alberta;

                           (b)    a person who is not ordinarily resident in Alberta;

                           (c)    a trade union or employee organization that is not an Alberta trade union or Alberta employee organization;

                           (d)    a group where any member of the group is ineligible under clause (a), (b) or (c);

                           (e)    a registered charity;

                            (f)    a prohibited corporation.

(6)  The Chief Electoral Officer shall, as soon as possible after receiving an application,

                           (a)    determine whether the requirements set out in this section are met,

                           (b)    notify the persons who signed the application whether the applicant is accepted for registration, and

                           (c)    in the case of a refusal to register, give reasons for the refusal.

(7)  When there is any change in the information required to be provided under this section, the registered third 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 candidates accordingly.

(8)  A notice under subsection (7) may be sent by fax or electronic mail.

2010 c8 s62;2012 c5 s67;2015 c15 s3

Registration of leadership contestants

9.2(1)  The chief financial officer of a registered party that proposes to hold a leadership contest shall promptly file with the Chief Electoral Officer a statement setting out the date of the official call of the leadership contest and the date fixed for the leadership vote or votes and shall submit to the Chief Electoral Officer an application for each leadership contestant setting out

                           (a)    the full name and contact information of the leadership contestant,

                           (b)    the addresses of the place or places where records of the leadership contestant are maintained and of the place to which communications may be addressed,

                           (c)    the name of the chief financial officer of the leadership contestant,

                           (d)    the names and addresses of the financial institutions to be used by or on behalf of the leadership contestant as depositories for contributions made to that leadership contestant,

                           (e)    the names of the signing authorities for each depository referred to in clause (d), and

                            (f)    the date the person became a leadership contestant.

(2)  No leadership contestant and no person acting on behalf of a leadership contestant may, during the campaign period,

                           (a)    accept contributions, or

                           (b)    use any funds, including the funds of the leadership contestant,

unless the leadership contestant is registered under this Act.

(3)  The Chief Electoral Officer shall maintain a register of leadership contestants in relation to the leadership contest and, subject to this section, shall register in it any leadership contestant whose name has been submitted under subsection (1).

(4)  When there is any change in the information required to be provided under subsection (1), the registered leadership contestant shall notify the Chief Electoral Officer in writing within 48 hours after the change and, subject to section 10, on receipt of the notice the Chief Electoral Officer shall vary the register of leadership contestants accordingly.

(5)  Notice under subsection (4) may be sent by fax or electronic mail.

2012 c5 s68

Cancellation of registration

10(1)  The Chief Electoral Officer may cancel the registration of

                           (a)    a registered party on application by the registered party,

                           (b)    a registered constituency association on application by the registered party concerned or by the independent member, as the case may be, or

                           (c)    a registered third party on application by the third party.

(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.

(2.1)  If a registered leadership contestant withdraws from the leadership contest, 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.

(4.1)  If the chief financial officer of a third party fails to file an election advertising report under section 44.9 or 44.92, the Chief Electoral Officer may cancel the registration of the third party.

(5)  If the Chief Electoral Officer is for any reason of the opinion that a registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party

                           (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, registered constituency association, registered candidate, registered leadership contestant or registered third party.

(6)  If the Chief Electoral Officer cancels the registration of a political party, constituency association, candidate, leadership contestant or third party, the Chief Electoral Officer shall send written notice of the cancellation, together with the Chief Electoral Officer’s reasons for the cancellation, by recorded mail to

                           (a)    the political party, when the registration of that political party is cancelled,

                           (b)    the constituency association and the political party concerned or the independent member, as the case may be, when the registration of that constituency association is cancelled,

                           (c)    the candidate and the political party concerned, if any, when the registration of that candidate is cancelled,

                           (d)    the third party, when the registration of that third party is cancelled, or

                           (e)    the leadership contestant and the political party concerned when the registration of that leadership contestant 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, candidate, leadership contestant or third party 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, candidate, leadership contestant or third party 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, candidate, leadership contestant or third party, 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,

                           (c)    if the cancellation involves a candidate, give written notification of the Chief Electoral Officer’s decision to the candidate, or

                        (c.1)    if the cancellation involves a leadership contestant, give written notification of the Chief Electoral Officer’s decision to the leadership contestant, or

                           (d)    if the cancellation involves a third party, give written notification of the Chief Electoral Officer’s decision to the third party.

(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.

(11.1)  For the purpose of subsection (11), a political party may file the statement on behalf of its constituency association.

(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.

(13)  When the registration of a third party is cancelled, all funds in the third party advertising account not required to pay for third party election advertising expenses must be dealt with in accordance with section 44.92 as if they were a surplus referred to in that section.

RSA 2000 cE‑2 s10;2004 c23 s88;2006 c23 s26;
2010 c8 s63;2012 c5 s69

Records

10.1   A registered party, registered constituency association, registered candidate, registered leadership contestant and registered third party shall retain all of the records of that registered party, registered constituency association, registered candidate, registered leadership contestant or registered third party for a period of 3 years following the date on which the financial statements required under this Act for the period to which the records relate are required to be filed.

2010 c8 s64;2012 c5 s70

Access to documents

11(1)  All documents required to be filed with the Chief Electoral Officer under this Act are public records and may on request during normal office hours be inspected at the offices of the Chief Electoral Officer.

(2)  Notwithstanding subsection (1), the home address of a registered candidate included in the register under section 9 or of a registered leadership contestant included in the register under section 9.2 is not public information.

(3)  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 determines.

RSA 2000 cE‑2 s11;2012 c5 s71

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)  Repealed 2010 c8 s65.

(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;2010 c8 s65

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 goods provided by any person that do not exceed $50 in the aggregate are 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 2000 cE‑2 s13;2010 c8 s66;2015 c15 s4

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 on 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 on record with the Chief Electoral Officer.

RSA 2000 cE‑2 s14;2010 c8 s67

15   Repealed 2010 c8 s68.

Responsibility of contributors

15.1   A prospective contributor is responsible for ensuring, before making a contribution under this Act, that the contributor is not prohibited from making a contribution and is not making a contribution that is in excess of a limit prescribed by section 17(1) or 18(1).

2012 c5 s72

Contributions only by persons

16(1)  Only a person ordinarily resident in Alberta may make a contribution to a registered party, registered constituency association or registered candidate. 

(2)  A prohibited person or entity shall not make a contribution to a registered party, registered constituency association or registered candidate.

RSA 2000 cE‑2 s16;2010 c8 s69;2015 c15 s5

Limitation on contributions

17(0.1)  This section does not apply to an election under the Senatorial Selection Act.

(1)  Contributions by a person ordinarily resident in Alberta 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,

                                  (i)    $30 000 to each registered party less any amount contributed to the party in that calendar year under clause (a)(i), and

                                (ii)    $2000 to any registered candidate, and $10 000 in the aggregate to the registered candidates of each registered party.

(2)  If writs for 2 or more by‑elections bear the same date and provide for the same polling day, all the by‑elections are deemed to be one election for the purposes of subsection (1)(b).

(3)  Contributions may be made to a registered constituency association at any time except during a campaign period.

(4)  No contributions may be made to a candidate except during a campaign period.

(5)  Any money paid during a campaign period by a candidate out of the candidate’s personal funds for the purposes of the candidate’s campaign for which the candidate is not reimbursed from the candidate’s campaign account

                           (a)    is a contribution for the purposes of this Act, and

                           (b)    shall be paid into a depository of the candidate on record with the Chief Electoral Officer.

RSA 2000 cE‑2 s17;2004 c23 s90;2010 c8 s70;2012 c5 s73;
2015 c15 s6

Limitation re Senatorial Selection Act

18(1)  For the purposes of an election under the Senatorial Selection Act, contributions by a person ordinarily resident in Alberta shall not exceed

                           (a)    in any year, $15 000 to each registered party, and

                           (b)    in any campaign period,

                                  (i)    in respect of a registered party, the maximum amount determined in accordance with subsection (3) less any amount contributed to the party in that calendar year under clause (a), or

                                (ii)    in respect of a registered candidate, $30 000 less, if the candidate was nominated by a registered political party for endorsation as the official candidate of that party,  any amount contributed to that party in that calendar year under clause (a).

(2)  For the purposes of subsection (1)(b), contributions may be made to both the registered party and the registered candidate or candidates of that party but the aggregate of the amounts contributed may not exceed the maximum amount determined under subsection (3) less any amount contributed to the party in that calendar year under subsection (1)(a).

(3)  For the purposes of subsections (1)(b)(i) and (2), the maximum amount shall not exceed $30 000 multiplied by the number of persons to be elected for which there is a candidate.

(4)  Where there is more than one candidate endorsed as the official candidates of a registered party by virtue of the number of persons to be elected, the maximum amount that may be contributed in respect of registered candidates of that political party may not exceed $30 000 multiplied by the number of persons to be elected for which there is a candidate but in no case may more than $30 000 be contributed to any one candidate.

(5)  No contributions may be made to a candidate except during a campaign period.

(6)  Any money paid during a campaign period by a candidate out of the candidate’s personal funds for the purposes of the candidate’s campaign for which the candidate is not reimbursed from the candidate’s campaign account

                           (a)    is a contribution for the purposes of this Act, and

                           (b)    shall be paid into a depository of the candidate on record with the Chief Electoral Officer.

RSA 2000 cE‑2 s18;2012 c5 s74;2015 c15 s7

Excessive contributions

19(1)  No registered party, registered constituency association or registered candidate and no person acting on behalf of a registered party, registered constituency association or registered candidate shall accept a contribution if the registered party, registered constituency association, registered candidate or person knows or ought to know that the amount would exceed the limits imposed by section 17.

(2)  If the chief financial officer learns that a contribution was accepted by or on behalf of the registered party, registered constituency association or registered candidate for whom the chief financial officer acts in excess of the limits imposed by section 17, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

RSA 2000 cE‑2 s19;2012 c5 s75

Excessive contributions re Senatorial Selection Act

20(1)  No registered party or registered candidate and no person acting on behalf of a registered party or registered candidate shall accept a contribution if the registered party, registered candidate or person knows or ought to know that the amount would exceed the limits imposed by section 18.

(2)  If the chief financial officer learns that a contribution was accepted by or on behalf of the registered party or registered candidate for whom the chief financial officer acts in excess of the limits imposed by section 18, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

RSA 2000 cE‑2 s20;2012 c5 s76

Prohibition re Senatorial Selection Act

21(1)  No registered constituency association or person acting for a constituency association may, in respect of an election under the Senatorial Selection Act, accept contributions for the registered party or for the candidate.

(2)  If the chief financial officer of a registered constituency association learns that a contribution was accepted by the constituency association or by a person acting for the constituency association, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

1989 cS‑11.5 s57

Anonymous and unauthorized contributions

21.1(1)  Any anonymous contribution in excess of $50 and any contribution or portion of a contribution made in contravention of this Act accepted by a registered party, registered constituency association or registered candidate must not be used or expended, and the registered party, registered constituency association or registered candidate

                           (a)    shall return the contribution to the contributor if the contributor’s identity can be established, or

                           (b)    if the contributor’s identity cannot be established, shall pay an amount equivalent to the contribution to the Chief Electoral Officer.

(2)  Any amounts received by the Chief Electoral Officer under subsection (1)(b) must be paid into the General Revenue Fund.

2010 c8 s71

Valuing contributions other than money

22(1)  The value of contributions other than money provided to a registered party, registered constituency association or registered candidate is the market value of the contribution at that time.

(2)  If any real property or goods or the use of real property or goods is provided to a political party, constituency association or candidate registered under this Act for a price that is less than the market value at that time, the amount by which the value exceeds the price is a contribution for the purposes of this Act.

RSA 2000 cE‑2 s22;2010 c8 s72

Fund-raising functions

23(1)  In this section, “fund‑raising function” includes any social function held for the purpose of raising funds for the registered party, registered constituency association or registered candidate by whom or on whose behalf the function is held.

(2)  The gross income from any fund‑raising function must be recorded by the chief financial officer of the registered party, registered constituency association or registered candidate that held the function or on whose behalf the function was held.

(3)  If a fund-raising function is held by the sale of tickets by or on behalf of a registered party, registered constituency association or registered candidate, the amount of the contribution is to be determined under clause (a) or under clause (b), at the option of the registered party, registered constituency association or registered candidate:

                           (a)    if the individual charge

                                  (i)    is $50 or less, it is not considered to be a contribution unless the person who pays the charge specifically requests that it be so considered, in which case 1/2 of the amount is allowed for expenses and 1/2 is considered to be a contribution,

                                (ii)    is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be a contribution, and

                               (iii)    is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be a contribution;

                           (b)    the amount of the contribution is the difference between the price of the ticket and the market value of what the ticket entitles the bearer to obtain.

(4)  The price paid by a person at a fund‑raising function in excess of the market value at that time for goods or services received is considered to be a contribution to the registered party, registered constituency association or registered candidate, as the case may be.

(5)  Repealed 2010 c8 s73.

RSA 2000 cE‑2 s23;2004 c23 s91;2010 c8 s73;2012 c5 s77

General collections

24   When, at a meeting held on behalf of or in relation to the affairs of a registered candidate, registered party or registered constituency association, money is given in response to a general collection of money solicited from the persons in attendance at the meeting, individual amounts given of $50 or less shall be considered not to be contributions for the purposes of this Act but shall be recorded as to the gross amount by the chief financial officer of the candidate, political party or constituency association, as the case may be.

RSA 2000 cE‑2 s24;2010 c8 s74

Annual membership fees

25   An annual membership fee paid for membership in a political party or in a constituency association of that party, or in both, is not a contribution for the purposes of this Act if

                           (a)    the fee or, when a fee is paid to the party and to a constituency association of that party, the total of those fees, does not exceed $50, and

                           (b)    the political party and constituency association each maintain a membership list indicating the amount of the fee or fees paid by each member that is allocated to the political party or constituency association, as the case may be,

but if the fee or total of those fees exceeds $50, the amount of the excess shall be considered as a contribution.

RSA 2000 cE‑2 s25;2004 c23 s92

26   Repealed 2015 c15 s8.

27   Repealed 2015 c15 s9.

28   Repealed 2010 c8 s75.

Part 4
Collection of Contributions

Chief financial officers

29(1)  Every political party, constituency association and candidate shall, before filing its application for registration with the Chief Electoral Officer, appoint a chief financial officer.

(2)  When a chief financial officer appointed pursuant to subsection (1) ceases for any reason to hold that office, the political party, constituency association or candidate, as the case may be, shall forthwith appoint another chief financial officer.

(3)  A candidate may not be appointed as chief financial officer for a candidate under this section.

(4)  A person is prohibited from being a chief financial officer under this Act for a registered party, registered constituency association, registered candidate or registered third party if

                           (a)    the Speaker has laid a report before the Assembly pursuant to section 44(1),

                           (b)    that person was the chief financial officer of the registered candidate referred to in the report,

                           (c)    the Court did not dispense with compliance with section 43(2) or 43.1, as the case may be, by an order under section 44(3), and

                           (d)    the date the person seeks to be a chief financial officer under this Act occurs within

                                  (i)    the 8‑year period following the day on which the Speaker laid the report before the Assembly, or

                                (ii)    where the financial statement has been filed with the Chief Electoral Officer in the case of a non‑compliance with section 43(2) or 43.1, as the case may be, the 5‑year period following the day of filing,

                                    whichever period expires first.

RSA 2000 cE‑2 s29;2004 c23 s94;2010 c8 s76

Duties of chief financial officers

30(1)  The chief financial officer of a registered party, registered constituency association or registered candidate is responsible, with respect to the affairs of the party, constituency association or candidate that appointed the chief financial officer, for ensuring that

                           (a)    proper records are kept of all revenue, expenses, assets and liabilities, as required for the purposes of this Act,

                           (b)    contributions are placed in a depository on record with the Chief Electoral Officer,

                           (c)    proper receipts are completed and dealt with in accordance with this Act,

                           (d)    the financial statements as required by sections 42 and 43 are filed with the Chief Electoral Officer in accordance with this Act, and

                           (e)    contributions of other than money are valued and recorded in accordance with this Act.

(2)  The chief financial officer of a registered party, registered constituency association or registered candidate shall make every reasonable effort to advise prospective contributors of the provisions of this Act relating to contributions.

RSA 2000 cE‑2 s30;2010 c8 s77;2012 c5 s78

Acceptance of contributions

31   No contribution shall be accepted by a registered candidate otherwise than through the candidate’s chief financial officer.

RSA 2000 cE‑2 s31;2012 c5 s79

Records of contributions

32(1)  When any person accepts contributions in any year on behalf of a registered party, registered constituency association or registered candidate, the chief financial officer shall record all the contributions, including the names and the addresses of the contributors and the dates on which the contributions were made.

(2)  All contributions referred to in subsection (1) accepted on behalf of a registered party or registered candidate during a campaign period shall be recorded separately from other contributions accepted during that year.

(3)  Every registered party and registered constituency association shall file with the Chief Electoral Officer, in the form and manner approved by the Chief Electoral Officer,

                           (a)    within 15 days after the end of each quarter of each year a return setting out

                                  (i)    the total amount of all contributions received during the quarter that did not exceed $250 in the aggregate from any single contributor, and

                                (ii)    the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the quarter exceeded an aggregate of $250,

                                     and

                           (b)    within the period during which an annual financial statement must be filed under section 42, a return setting out for the previous year

                                  (i)    the total amount of all contributions received that did not exceed $250 in the aggregate from any single contributor, and

                                (ii)    the total amount contributed that, together with the contributor’s name and address, when the contribution of that contributor during the year exceeded an aggregate of $250,

but in the case of a registered party returns under clauses (a) and (b) shall not include the information relating to contributions made during the period commencing the day a writ of election is issued and concluding at the end of polling day.

(4)  Every registered party and registered candidate shall file with the Chief Electoral Officer, in the form and manner approved by the Chief Electoral Officer, within the period during which a financial statement must be filed relating to a campaign period under section 43, a return setting out

                           (a)    the total amount of all contributions received during the campaign period that did not exceed $250 in the aggregate from any single contributor, and

                           (b)    the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the campaign period exceeded an aggregate of $250.

(5)  Separate returns must be filed for contributions made in respect of an election under the Election Act and those made in respect of an election under the Senatorial Selection Act.

(6)  For the purpose of subsection (3), the ends of each quarter of a year are as follows:

                           (a)    for the first quarter, March 31 of the year;

                           (b)    for the 2nd quarter, June 30 of the year;

                           (c)    for the 3rd quarter, September 30 of the year;

                           (d)    for the final quarter, December 31 of the year.

RSA 2000 cE‑2 s32;2010 c8 s78;2012 c5 s80

Receipts

33   Every registered party, registered constituency association and registered candidate shall issue a receipt in the form and manner approved by the Chief Electoral Officer for every contribution accepted, and the receipt must indicate

                           (a)    whether it has been issued in respect of an election under the Election Act or an election under the Senatorial Selection Act,

                           (b)    that the contributor acknowledges that the contribution is made in compliance with this Act, and

                           (c)    where information about the making of contributions can be found.

RSA 2000 cE‑2 s33;2010 c8 s79;2012 c5 s81

Contributions not belonging to contributor

34(1)  No person shall contribute to a registered party, registered constituency association or registered candidate

                           (a)    funds not actually belonging to that person, or

                           (b)    funds that have been given or furnished to the person by another person or any prohibited person or entity for the purpose of making a contribution of those funds to that registered party, registered constituency association or registered candidate.

(1.1)  No person and no prohibited person or entity shall give or furnish funds to another person for the purpose of having that other person make a contribution of those funds to a registered party, registered constituency association or registered candidate.

(2)  No registered party, registered constituency association or registered candidate and no person acting on behalf of a registered party, registered constituency association or registered candidate shall solicit or accept a contribution if the registered party, registered constituency association, registered candidate or person knows or ought to know that the contribution is contrary to subsection (1).

(3)  If the chief financial officer learns that a contribution received by or on behalf of the registered party, registered constituency association or registered candidate for whom the chief financial officer acts was made contrary to subsection (1), the chief financial officer shall, within 30 days after learning that the contribution was made contrary to subsection (1), advise the Chief Electoral Officer in writing of the fact and circumstances.

RSA 2000 cE‑2 s34;2012 c5 s82;2015 c15 s10

Prohibited contributions

35(1)  No registered party, registered constituency association or registered candidate shall, directly or indirectly,

                           (a)    solicit or accept a contribution if the registered party, registered constituency association or registered candidate knows or ought to know that the prospective contributor is a prohibited person or entity, or

                           (b)    contribute or transfer funds to any political party, constituency association or candidate not registered under this Act.

(2)  If the chief financial officer learns that a contribution from a prohibited person or entity was accepted by or on behalf of the political party, constituency association or candidate for whom the chief financial officer acts, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

RSA 2000 cE‑2 s35;2010 c8 s80;2012 c5 s83 ;2015 c15 s11

Funds from federal parties

36   No registered party, registered constituency association or registered candidate may accept funds from a federal political party, electoral district association or registered candidate registered under the Canada Elections Act (Canada) in respect of an election under this Act.

RSA 2000 cE‑2 s36;2004 c23 s95;2012 c5 s84

Prohibition re federal parties

37   No registered party or registered candidate may accept funds from a federal political party or electoral district association registered under the Canada Elections Act (Canada) in respect of an election under the Senatorial Selection Act.

RSA 2000 cE‑2 s37;2004 c23 s96;2012 c5 s84

Transfers within parties

38   A registered party and any of its registered constituency associations or registered candidates may annually transfer to or accept from each other

                           (a)    funds or real property or goods or the use of real property or goods, or

                           (b)    debts incurred during a campaign period for the purpose of eliminating a campaign deficit under section 43.1,

and the funds, real property or goods or the use of real property or goods, or the debts, so accepted by the registered party, registered constituency association or registered candidate shall not be considered as contributions for the purposes of this Act but shall be recorded as to source, and any funds accepted shall be deposited in an appropriate depository on record with the Chief Electoral Officer.

RSA 2000 cE‑2 s38;2010 c8 s81;2012 c5 s85

Prohibition re transfers

39   Notwithstanding section 38, no registered constituency association may transfer funds or real property or goods or the use of real property or goods to or accept funds or real property or goods or the use of real property or goods from a registered political party or registered candidate in respect of an election under the Senatorial Selection Act.

RSA 2000 cE‑2 s39;2010 c8 s82

Candidate may pay personal expenses

39.1   A candidate may lawfully contribute to the candidate’s election campaign an amount from the candidate’s personal funds to the limit prescribed for a contributor in section 17(1)(b)(ii) or 18(1)(b)(ii), as the case may be, and if the candidate’s expenses paid from the candidate’s personal funds exceed the maximum limit allowed for a contributor, the excess amount must be reimbursed to the candidate from the candidate’s campaign account.

2010 c8 s83

Monetary claims against candidate

39.2(1)  Subject to subsection (2), unless a person who has a monetary claim against a candidate for or in respect of an election sends in the claim to the chief financial officer of the candidate not later than the date determined under section 43.1(6), the right to recover the claim is barred.

(2)  In the case of the death of a person having a monetary claim under subsection (1) on or before the date determined under section 43.1(6), unless the person’s legal representative sends in the claim within one year after the death of the person, the right to recover the claim is barred.

(3)  In the case of the death of the chief financial officer or the chief financial officer’s incapacity to act, if no other chief financial officer has been appointed, claims may be delivered to the candidate or the candidate’s official agent as defined in the Election Act.

(4)  No claim may be paid without the authority of the candidate or the chief financial officer.

2010 c8 s83

Payment of late claim

39.3   Notwithstanding section 39.2, any claim that would have been payable if sent on or before the date determined under section 43.1(6) may be paid by the candidate through the candidate’s chief financial officer after that time if the claim is approved by a judge.

2010 c8 s83

Part 5
Loans

Borrowing

40(1)  A registered party, registered constituency association or registered candidate

                           (a)    may borrow money only from a financial institution other than a treasury branch, and

                           (b)    shall record all loans and their terms and shall report accordingly to the Chief Electoral Officer.

(2)  Only the following may make a payment on behalf of the borrower in respect of a loan to which subsection (1) applies:

                           (a)    a person ordinarily resident in Alberta;

                           (b)    a corporation that is not a prohibited corporation;

                           (c)    an Alberta trade union;

                           (d)    an Alberta employee organization.

(3)  Any payment in respect of a loan to which subsection (1) applies made by a person or entity referred to in subsection (2) becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35,

                           (a)    a contribution by that person or entity, and

                           (b)    a contribution accepted by the borrower,

if the person or entity is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to section 42 or 43.

(4)  This section does not apply to the borrowing of money by a registered candidate for purposes unrelated to the candidate’s campaign.

(5)  In subsections (6) and (8), “former Act” means the Election Finances and Contributions Disclosure Act as it read immediately before the coming into force of this subsection.

(6)  Notwithstanding subsections (2) and (3) but subject to subsection (8), with respect to a loan entered into before June 15, 2015 under section 40 of the former Act, a payment made by an entity referred to in subsection (2)(b), (c) or (d) on behalf of a borrower before December 31, 2015 that is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to section 42 or 43 is a contribution by that entity, and

                           (a)    that contribution is not a contravention of section 16(2) by that entity, and

                           (b)    the registered party, registered constituency association or registered candidate is considered to have accepted the contribution in contravention of section 35(1)(a).

(7)  In the case of a payment made on or after June 15, 2015, subsection (6)(a) applies only if the borrower is in default on the loan at the time of the payment.

(8)  Subsection (6) does not apply in respect of a payment that was considered under section 40(2) of the former Act to be a contribution.

RSA 2000 cE‑2 s40;2010 c8 s84;2015 c15 s12

Guarantees

41(1)  Only the following may sign, co‑sign or otherwise guarantee or provide collateral security for any loan, monetary obligation or indebtedness on behalf of or in the interest of any registered party, registered constituency association or registered candidate:

                           (a)    a person ordinarily resident in Alberta;

                           (b)    a corporation that is not a prohibited corporation;

                           (c)    an Alberta trade union;

                           (d)    an Alberta employee organization. 

(2)  Any payment required to be made on behalf of or in the interest of a registered party, registered constituency association or registered candidate by a person or entity acting under subsection (1) becomes, for the purposes of this Act, including, without limitation, sections 16, 17 and 35,

                           (a)    a contribution by that person or entity, and

                           (b)    a contribution accepted by the borrower,

if the person or entity is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to section 42 or 43.

(3)  This section does not apply to payments made on behalf of a registered candidate for purposes unrelated to the candidate’s campaign.

(4)  In subsections (5) and (6), “former Act” means the Election Finances and Contributions Disclosure Act as it read immediately before the coming into force of this section.

(5)  Notwithstanding subsections (1) and (2) but subject to subsection (6), with respect to a guarantee given or security provided before June 15, 2015 under section 41 of the former Act, a payment made by an entity acting under subsection (1)(b), (c) or (d) before December 31, 2015 that is not reimbursed by the borrower before the borrower is next required to file a financial statement pursuant to section 42 or 43 is a contribution by that entity, and

                           (a)    the contribution is not a contravention of section 16(2) by that entity, and

                           (b)    the registered party, registered constituency association or registered candidate is considered to have accepted the contribution in contravention of section 35(1)(a).

(6)  Subsection (5) does not apply in respect of a payment that was considered under section 41(2) of the former Act to be a contribution.

RSA 2000 cE‑2 s41;2015 c15 s13

Part 6
Financial Statements

Filing of annual financial statements

42(1)  On or before March 31 of each year,

                           (a)    the chief financial officer of each registered party shall file with the Chief Electoral Officer an audited financial statement, in the form and manner approved by the Chief Electoral Officer, setting out for the previous year the revenue, expenses, assets and liabilities, excluding revenue and expenses relating to an election during a campaign period, and

                           (b)    the chief financial officer of each registered constituency association shall file with the Chief Electoral Officer a financial statement, in the form and manner approved by the Chief Electoral Officer, setting out for the previous year the revenue, expenses, assets and liabilities, including a nil return where applicable.

(1.1)  Unless otherwise directed by the Chief Electoral Officer, a registered party is not required to file an audited financial statement in respect of the registered party if the revenue and expenses of the registered party do not each exceed $1000.

(1.2)  Where under subsection (1.1) a registered party is not required to file an audited financial statement, the registered party is required to file a non‑audited financial statement on or before March 31 of the year in which the filing is required, including a nil return where applicable.

(2)  If a political party or constituency association becomes registered under this Act within the last 4 months of any year, the financial statement filed with its application for registration is deemed to be in compliance with subsection (1) in relation to that year.

(2.1)  If the registration of a constituency association is cancelled because of the establishment of new electoral divisions, that constituency association must file its financial statements within 6 months after the date the registration was cancelled.

(3)  The chief financial officer of each registered party shall file separate audited financial statements relating to the Election Act and the Senatorial Selection Act.

RSA 2000 cE‑2 s42;2010 c8 s85;2012 c5 s86

Filing of financial statements for election campaigns

43(1)  Subject to subsection (6) and section 44(3), within 6 months after polling day the chief financial officer of a registered party shall file with the Chief Electoral Officer a financial statement setting out in the form and manner approved by the Chief Electoral Officer the revenue and expenses of the party for which the chief financial officer acts that relate to an election during the campaign period, including a nil return where applicable.

(2)  Subject to subsection (7) and section 44(3), within 4 months after polling day the chief financial officer of a registered candidate shall file with the Chief Electoral Officer a financial statement setting out, in the form and manner approved by the Chief Electoral Officer, assets of over $1000 in the aggregate, liabilities, revenue and expenses, including expenses paid on behalf of the candidate by a registered party or a constituency association, during the campaign period or that relate to the campaign period.

(3)  In relation to a by‑election, subsection (1) applies only to registered parties that received contributions or made payments or transfers in relation to that by‑election and subsection (2) applies only to registered candidates at that by‑election.

(4)  This section also applies to any registered candidate

                           (a)    who withdraws the candidate’s candidacy, or

                           (b)    who, having been registered before becoming nominated, does not in fact become nominated,

with respect to the period during which the candidate is registered.

(5)  An audited financial statement and a copy of the auditor’s report shall accompany each financial statement of a registered party submitted pursuant to subsection (1).

(5.1)  Unless otherwise directed by the Chief Electoral Officer, an audited financial statement is not required to accompany a financial statement filed under subsection (1) if the revenue and expenses of the registered party do not each exceed $1000, but a non‑audited financial statement must be filed, including a nil return where applicable.

(6)  If the polling day for a general election occurs within 6 months after the polling day for a previous general election, the time for compliance with subsection (1) in respect of the previous general election is extended to the expiration of the 6‑month period after the 2nd general election.

(7)  If an election is held to elect a member of the Legislative Assembly for an electoral division and the polling day for that election occurs within 4 months after the polling day for the previous election in the same electoral division, the time for compliance with subsection (2) in respect of the previous election is extended to the expiration of the 4‑month period after the  2nd election.

(8)  If an election is held under the Senatorial Selection Act and the polling day for that election occurs within 4 months after the polling day for the previous election under the Senatorial Selection Act, the time for compliance with subsection (2) in respect of the previous election is extended to the expiration of the 4‑month period after the 2nd election.

(9)  A chief financial officer referred to in subsection (1) shall file separate financial statements relating to an election under the Election Act and an election under the Senatorial Selection Act.

RSA 2000 cE‑2 s43;2010 c8 s86;2012 c5 s87

Campaign deficits 

43.1(1)  In this section,

                           (a)    “expenses” means the total amount of money spent and liabilities incurred by a registered candidate during or in relation to a campaign period, including expenses paid on behalf of a registered candidate by a registered party or registered constituency association;

                           (b)    “revenue” means the total of

                                  (i)    contributions received by a registered candidate made in accordance with this Act,

                                (ii)    other income, including fund‑raising revenue and interest on deposits,

                               (iii)    amounts transferred in accordance with this Act to a registered candidate by a registered party, registered constituency association or other registered candidate, and

                               (iv)    campaign funds held in trust under section 12(1).

(2)  For the purpose of this section, a registered candidate has a campaign deficit if, at the end of the campaign period,

                           (a)    any liabilities relating to the candidate’s campaign remain outstanding, or

                           (b)    expenses exceed revenue.

(3)  Where a registered candidate has a campaign deficit, the candidate shall eliminate the deficit within 3 months after the date that the financial statement of the candidate is required to be filed under section 43(2) or such further period approved under subsection (4).

(4)  The Chief Electoral Officer may, on the request of a registered candidate or the candidate’s chief financial officer received before the expiry of the 3‑month period referred to in subsection (3), extend the 3‑month period referred to in subsection (3) for a further period not exceeding 3 months.

(5)  For the purpose of eliminating a campaign deficit,

                           (a)    a registered candidate may, notwithstanding section 17(4) or 18(5), accept contributions in accordance with this Act during the period referred to in subsection (3), and

                           (b)    a registered party or registered constituency association of the registered candidate may transfer funds to the candidate or may pay any outstanding liabilities.

(6)  The chief financial officer of the registered candidate shall, within one month after the expiration of the period referred to in subsection (3), file an amended financial statement showing any contributions accepted and any transfers received to eliminate the deficit.

2010 c8 s87

Effect of non-compliance

44(1)  Subject to subsections (2) and (3), if the chief financial officer of a registered candidate fails to file a financial statement as required by section 43 or a registered candidate fails to eliminate a campaign deficit referred to in section 43.1, the Chief Electoral Officer shall transmit a report to that effect to the Speaker of the 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.

(2)  If the Speaker lays a report before the Assembly under subsection (1), the registered candidate concerned or the candidate’s chief financial officer, or both, may, within the 60‑day period following the date on which the report was laid before the Assembly, apply to the Court of Queen’s Bench for relief.

(3)  On hearing the application, the Court may

                           (a)    dispense with compliance with section 43 or 43.1, or any provision of it, if it considers that the non‑compliance is due to circumstances beyond the control of the candidate or the chief financial officer, or both, and that it is not reasonably possible to comply with the section,

                           (b)    extend the time for compliance with section 43 or 43.1, or any provision of it, if it finds mitigating reasons for non‑compliance with the section,

                           (c)    make any order that it considers appropriate to secure compliance with so much of section 43 or 43.1 as it considers reasonable in the circumstances, or

                           (d)    refuse the application.

(4)  An application to the Court under this section must name the Chief Electoral Officer as respondent.

(5)  The decision of the Court is final and not subject to appeal.

RSA 2000 cE‑2 s44;2009 c53 s53;2010 c8 s88

Part 6.1
Third Party Advertising

Definitions

44.1   In this Part,

                           (a)    “advertising account” means a dedicated depository on record with the Chief Electoral Officer opened at a financial institution for the purpose of accepting  election advertising contributions and for the payment of election advertising expenses;

                           (b)    “election advertising” means political advertising that appears during an election period;

                           (c)    “election advertising contribution” means any

                                  (i)    money provided to or for the benefit of a third party, or

                                (ii)    real property or goods, or the use of real property or goods, provided to or for the benefit of a third party,

                                    without compensation from that third party, for the purpose of election advertising, whether given before or after the third party becomes registered under section 9.1;

                           (d)    “election advertising expense” means an expense incurred by a third party in relation to election advertising;

                           (e)    “election period” means the period commencing the day a writ of election is issued for a general election under the Election Act and concluding at the end of polling day;

                            (f)    “group” means an unincorporated group of persons or corporations acting in consort for a common purpose and includes a trade union and an employee organization or any combination of persons, corporations, trade unions or employee organizations;

                           (g)    “political advertising” means advertising, for which there is or normally would be a charge, in any broadcast, print, electronic or other media, including telephone, fax, internet, electronic mail and text messaging, with the purpose of promoting or opposing any registered party or the election of a registered candidate, including advertising that takes a position on an issue with which a registered party or registered candidate is associated, but does not include

                                  (i)    the publication without charge of news, an editorial, an editorial comment, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication, a radio or television program or a website or online discussion forum,

                                (ii)    the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value,

                               (iii)    the transmission of a document in any form directly by a person, corporation or group to its members, employees or shareholders or other persons, groups or corporations who have given permission to the person, corporation or group to transmit information to them, or

                               (iv)    advertising by the Government in any form;

                           (h)    “registered third party” means a third party registered under section 9.1;

                            (i)    “third party” means a person, corporation or group, but does not include the following:

                                  (i)    a registered party;

                                (ii)    a registered constituency association;

                               (iii)    a registered candidate or member of the Legislative Assembly.

2010 c8 s89;2012 c5 s88

Limits on contributions

44.2(1)  No election advertising contribution shall be made by a person, corporation, trade union or employee organization to a third party or used to incur election advertising expenses unless

                           (a)    the third party to whom the contribution is made is registered under section 9.1, or

                           (b)    the third party is not required to be registered under section 9.1.

(2)  No third party required to be registered under section 9.1 and no person acting for the third party required to be registered under section 9.1 shall accept election advertising contributions unless the third party is registered under section 9.1.

(3)  Subject to subsection (5), election advertising contributions made by any person, corporation, trade union or employee organization to third parties shall not exceed, in the aggregate,

                           (a)    $15 000 in any calendar year in which there is not a general election, or

                           (b)    $30 000 in any calendar year in which there is a general election, less any amount contributed under clause (a).

(4)  No third party and no person acting for a third party shall accept any election advertising contributions if the third party or person knows or ought to know that the amount would exceed the limit referred to in subsection (3).

(5)  The following shall not make an election advertising contribution:

                           (a)    a person ordinarily resident outside Alberta;

                           (b)    a prohibited corporation;

                           (c)    a registered charity;

                           (d)    a trade union or employee organization that is not an Alberta trade union or Alberta employee organization.

(5.1)  No third party shall, directly or indirectly, accept an election advertising contribution if the third party knows or ought to know that the contribution is made by a person, organization or group referred to in subsection (5).

(6)  If the chief financial officer of a third party learns that an election advertising contribution was accepted in contravention of this section, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

(7)  A third party shall not circumvent or attempt to circumvent a limit set out in this section in any manner, including splitting itself into 2 or more third parties.

2010 c8 s89;2012 c5 s89;2015 c15 s14

Payments made by third party

44.21   Any money paid by a third party from its own funds for election advertising is an election advertising contribution of the third party for the purposes of this Part.

2010 c8 s89

Additional rules for groups

44.3   The following rules apply where a group wishes to make an election advertising contribution to a third party or wishes to use funds collected to pay for election advertising expenses:

                           (a)    an election advertising contribution from funds collected from a group’s members may be attributed to its members only if

                                  (i)    the amounts paid by its members were made on a voluntary basis,

                                (ii)    it was made explicit that the amounts being collected were for election advertising, and

                               (iii)    the names of the members who made the payments, and the amounts they each paid, are recorded by the group and, if applicable, provided to the third party;

                           (b)    a group other than a trade union or employee organization may make election advertising contributions only from funds collected from its members in accordance with clause (a);

                           (c)    contributions by a trade union or employee organization from funds collected from its members but not in accordance with clause (a) are deemed to be election advertising contributions of the trade union or employee organization and cannot be attributed to its members;

                           (d)    amounts making up election advertising contributions that are attributed to members under clause (a) are contributions of those members for the purposes of this Part.

2010 c8 s89

Valuing contributions other than money

44.31(1)  The value of election advertising contributions, other than money, provided to a third party is the market value of the election advertising contributions at that time.

(2)  If any real property or goods or the use of real property or goods is provided to a third party for a price that is less than the market value at that time, the amount by which the value exceeds the price is an election advertising contribution for the purposes of this Part.

2010 c8 s89

Fund‑raising functions

44.32(1)  In this section, “fund‑raising function” includes any social function held for the purpose of raising funds for a third party required to be registered under section 9.1 by whom or on whose behalf the function is held.

(2)  The gross income from any fund‑raising function must be recorded by the chief financial officer of the third party that held the function or on whose behalf the function was held.

(3)  If a fund-raising function is held by the sale of tickets by or on behalf of a third party, the amount of the contribution is to be determined under clause (a) or under clause (b), at the option of the third party:

                           (a)    if the individual charge

                                  (i)    is $50 or less, it is not considered to be a contribution unless the person who pays the charge specifically requests that it be so considered, in which case 1/2 of the amount is allowed for expenses and 1/2 is considered to be a contribution,

                                (ii)    is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be a contribution, and

                               (iii)    is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be a contribution;

                           (b)    the amount of the contribution is the difference between the price of the ticket and the market value of what the ticket entitles the bearer to obtain.

(4)  The price paid by a person at a fund‑raising function in excess of the market value at that time for goods or services received is considered to be an election advertising contribution to the third party.

2010 c8 s89;2012 c5 s90

General collections

44.33(1)  When, at a meeting held on behalf of or in relation to the affairs of a third party, money is given in response to a general collection of money solicited from the persons in attendance at the meeting, individual amounts given of $50 or less shall not be considered to be an election advertising contribution, but the chief financial officer of the third party shall record the aggregate amount.

(2)  Subsection (1) does not apply to funds raised for or on behalf of a third party for purposes unrelated to election advertising.

2010 c8 s89

Loans

44.4(1)  A third party

                           (a)    may borrow money only from a financial institution, and

                           (b)    shall record all loans and their terms and shall report accordingly to the Chief Electoral Officer.

(2)  Any payment in respect of a loan to which subsection (1) applies is considered an election advertising contribution by the person, corporation or group that made the payment unless that person, corporation or group is reimbursed by the borrower prior to the filing by the borrower of the election advertising report next required to be filed pursuant to section 44.9.

(3)  This section does not apply to the borrowing of money by a third party for purposes unrelated to election advertising.

2010 c8 s89

Anonymous contributions and
unauthorized contributions

44.5(1)  Any anonymous election advertising contribution in excess of $50 and any election advertising contribution or portion of a contribution made in contravention of this Part accepted by a registered third party must not be used or expended, and the registered third party

                           (a)    shall return the contribution to the contributor if the contributor’s identity can be established, or

                           (b)    if the contributor’s identity cannot be established, shall pay an amount equivalent to the contribution to the Chief Electoral Officer.

(2)  Any amounts received by the Chief Electoral Officer under subsection (1)(b) must be paid into the General Revenue Fund.

2010 c8 s89

Contributions not belonging to contributor

44.51(1)  No person, corporation, trade union or employee organization shall contribute to any third party that is registered or is required to be registered under section 9.1 funds not actually belonging to that person, corporation, trade union or employee organization, or any funds that have been given or furnished to the person, corporation, trade union or employee organization by any group or by a corporation, trade union or employee organization for the purpose of making an election advertising contribution of those funds to that third party that is registered or is required to be registered under section 9.1.

(2)  No third party that is registered or is required to be registered under section 9.1 and no person on its behalf shall solicit or accept any election advertising contribution if the third party or person knows or ought to know that the contribution is contrary to subsection (1).

(3)  If the chief financial officer learns that an election advertising contribution received by or on behalf of the third party that is registered or is required to be registered for whom the chief financial officer acts was made contrary to subsection (1), the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

2010 c8 s89;2012 c5 s91

Receipts

44.6   A third party shall issue receipts in the form and manner approved by the Chief Electoral Officer for every election advertising contribution accepted by the third party.

2010 c8 s89

Third party advertising accounts

44.7(1)  A third party that is registered or is required to be registered under section 9.1 shall open an advertising account for the payment of all election advertising expenses and the receipt of all election advertising contributions and transfers.

(2)  A registered third party may open and operate only one advertising account and only contributions and other revenue accepted under this Part may be deposited in the account.

(3)  All election advertising expenses must be paid from the third party’s advertising account.

(4)  Every registered third party shall appoint a chief financial officer.

(5)  Every election advertising expense that is incurred by or on behalf of a registered third party must be authorized by its chief financial officer.

(6)  No election advertising contribution shall be accepted by a registered third party otherwise than through the third party’s chief financial officer.

(7)  The chief financial officer may delegate a function described in subsection (5) or (6) to another person, but the delegation does not limit the chief financial officer’s responsibility.

(8)  Subject to the requirements of this Part, a registered third party that operates an advertising account may transfer amounts from its advertising account to other advertising accounts of other registered third parties.

(9)  All election advertising expenses paid for by a third party from its advertising account must be recorded in its election advertising report whether or not the election advertising expenses were incurred during the election period.

2010 c8 s89

Identification of third parties

44.8(1)  A third party, or a person acting on a third party’s behalf, must ensure that election advertising sponsored by the third party complies with the following in accordance with the guidelines of the Chief Electoral Officer:

                           (a)    the election advertising must include the third party’s name and contact information and must indicate whether the third party authorizes the election advertising;

                           (b)    subject to clause (c), in the case of election advertising that is broadcast or is made through electronic media, the information referred to in clause (a) must be stated at the beginning of the election advertising;

                           (c)    in the case of election advertising transmitted to a telephone, whether in the form of a live call or an automated pre-recorded call, 

                                  (i)    the telephone number of the third party must be capable of being displayed on the call display of called parties who subscribe to call display, and must not be blocked from being displayed,

                                (ii)    the name of the third party must be stated at the beginning of the election advertising,

                               (iii)    the election advertising must state whether the third party authorizes the election advertising, and

                               (iv)    the telephone number of the third party at which the third party can be contacted must be stated at the end of the election advertising.

(2)  The Chief Electoral Officer shall establish guidelines respecting the requirements referred to in subsection (1).

(3)  The guidelines must be published on the Chief Electoral Officer’s website.

(4)  If election advertising is not in compliance with this section, the Chief Electoral Officer may cause it to be removed or discontinued, and in the case of election advertising displayed on a sign, poster or other similar format neither the Chief Electoral Officer nor any person acting under the Chief Electoral Officer’s instructions is liable for trespass or damage resulting from or occasioned by the removal.

2010 c8 s89;2012 c5 s92

Third party election advertising report

44.9(1)  The chief financial officer of every third party that is registered or is required to be registered under section 9.1 must file an election advertising report in the form and manner approved by the Chief Electoral Officer with the Chief Electoral Officer within 6 months after polling day.

(2)  If the polling day for a general election occurs within 6 months after the polling day for a previous general election, the time for compliance with subsection (1) in respect of the previous general election is extended to the expiration of the 4‑month period after the 2nd general election.

(3)  The chief financial officer of a registered third party that accepts election advertising contributions or incurs election advertising expenses outside of the report period in subsection (1) shall file an election advertising report with the Chief Electoral Officer on or before March 31 of each year for the preceding calendar year.

(4)  If a registered third party has not incurred election advertising expenses, that fact shall be indicated in its election advertising report.

(5)  The election advertising report must include

                           (a)    the amount of election advertising contributions that were received during the year,

                           (b)    for each contributor who made election advertising contributions totalling more than $250 during the year, the contributor’s name and address and the amount and date of each contribution,

                           (c)    a financial statement setting out revenue and expenses in the form approved by the Chief Electoral Officer and the amount of expenses in total in the form and manner approved by the Chief Electoral Officer, and

                           (d)    the time and place of broadcast or publication of the advertisements to which the election advertising expenses relate.

(6)  A chief financial officer shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt for an election advertising expense of more than $50.

2010 c8 s89;2012 c5 s93

Audited financial statements

44.91(1)  The chief financial officer of a third party whose election advertising expenses are $100 000 or more shall file an audited financial statement with the Chief Electoral Officer within 6 months after polling day.

(2)  The Chief Electoral Officer may determine what information is to be provided in the audited financial statement required under subsection (1).

2010 c8 s89

Continuing use of advertising account

44.92(1)  Subject to subsection (2), any surplus funds held by a third party in its advertising account at the end of an election period must be held in the advertising account to be expended for election advertising during a subsequent election period.

(2)  If a third party decides not to expend the funds for election advertising during the next election period or does not advertise during the next election period or within 6 months after that period, the third party shall deal with the surplus in one or more of the following ways:

                           (a)    transfer the surplus to an advertising account of another third party;

                           (b)    spend the surplus on political advertising outside of an election period;

                           (c)    donate the surplus to a registered charity;

                           (d)    return the surplus to the third party’s contributors if they can be identified;

                           (e)    pay the surplus into the General Revenue Fund if the surplus or any portion of it cannot be dealt with in accordance with clauses (a) to (d).

(3)  The third party shall advise the Chief Electoral Officer of its decisions under this section.

(4)  The chief financial officer of a third party that has not dealt with its surplus funds under subsection (2) shall file an election advertising report with the Chief Electoral Officer on or before March 31 of each year until such time as the surplus is completely dealt with.

2010 c8 s89;2012 c5 s93

Part 6.2
Leadership Contests

Contributions only by persons

44.93(1)  Only a person ordinarily resident in Alberta may make a contribution to a registered leadership contestant.

(2)  A prohibited person or entity shall not make a contribution to a registered leadership contestant.

(3)  No person shall contribute to a registered leadership contestant

                           (a)    funds not actually belonging to that person, or

                           (b)    funds that have been given or furnished to the person by another person or any prohibited person or entity for the purpose of making a contribution of those funds to that registered leadership contestant.

(4)  No person and no prohibited person or entity shall give or furnish funds to another person for the purpose of having that other person make a contribution of those funds to a registered leadership contestant.

(5)  No registered leadership contestant and no person acting on behalf of a registered leadership contestant shall solicit or accept a contribution if the registered leadership contestant or person knows or ought to know that the contribution is made contrary to subsection (3).

(6)  No registered leadership contestant shall, directly or indirectly, solicit or accept a contribution if the registered leadership contestant knows or ought to know that the prospective contributor is a prohibited person or entity.

(7)  If a chief financial officer learns that a contribution was accepted in contravention of subsection (5) or (6) by or on behalf of the registered leadership contestant for whom the chief financial officer acts, the chief financial officer shall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.

2012 c5 s95;2015 c15 s15

Contributions

44.94(1)  All financial contributions accepted by or on behalf of a registered leadership candidate shall be paid into an appropriate depository on record with the Chief Electoral Officer.

(2)  When any contribution of other than money, accepted by or on behalf of a registered leadership contestant, is converted at any time into money, that amount shall be paid into an appropriate depository on record with the Chief Electoral Officer.

(3)  No contribution shall be accepted by a registered leadership contestant otherwise than through the registered leadership contestant’s chief financial officer.

(4)  When any person accepts contributions on behalf of a registered leadership contestant during a campaign period, the chief financial officer shall record all the contributions, including the names and the addresses of the contributors and the dates on which the contributions were made.

(5)  A registered leadership contestant shall issue receipts in the form and manner approved by the Chief Electoral Officer for every contribution accepted by the registered leadership contestant in respect of a leadership contest during the campaign period.

(6)  Sections 21.1, 22, 23 and 24 apply with the necessary modifications with respect to registered leadership contestants.

(7)  Sections 40 and 41 apply with the necessary modifications with respect to registered leadership contestants, and a reference in those provisions to section 42 or 43 shall be read as a reference to section 44.96(1).

2012 c5 s95;2015 c15 s16

Chief financial officer

44.95(1)  Every leadership contestant shall, before his or her application for registration under section 9.2 is filed, appoint a chief financial officer.

(2)  When a chief financial officer appointed pursuant to subsection (1) ceases for any reason to hold that office, the registered leadership contestant shall forthwith appoint another chief financial officer.

(3)  The chief financial officer of a registered leadership contestant is responsible, with respect to the affairs of the registered leadership contestant, for ensuring that

                           (a)    proper records are kept of all revenue, expenses and liabilities, as required for the purposes of this Act,

                           (b)    contributions are placed in a depository on record with the Chief Electoral Officer,

                           (c)    proper receipts are completed and dealt with in accordance with this Act,

                           (d)    the financial statement and return required by section 44.96 are filed with the Chief Electoral Officer in accordance with this Act, and

                           (e)    contributions of other than money are valued and recorded in accordance with this Act.

(4)  The chief financial officer of a registered leadership contestant shall make every reasonable effort to advise prospective contributors of the provisions of this Act relating to contributions.

2012 c5 s95

Financial and disclosure statements

44.96(1)  Within 4 months after the date fixed for the leadership vote, the chief financial officer of a registered leadership contestant shall file with the Chief Electoral Officer a financial statement setting out, in the form and manner approved by the Chief Electoral Officer, revenue, expenses and liabilities and a return setting out

                           (a)    the total amount of all contributions received during the campaign period that did not exceed $250 in the aggregate from any single contributor, and

                           (b)    the total amount contributed, together with the contributor’s name and address, when the contribution of that contributor during the campaign period exceeded $250 in the aggregate.

(2)  This section also applies to any registered leadership contestant who withdraws from the leadership contest.

2012 c5 s95

Part 7
Prohibitions, Offences
and Prosecutions

Obstruction

45   No person shall obstruct any person carrying out an inquiry, investigation or examination under this Act or withhold from that person or conceal or destroy any books, papers, documents or things relevant to the subject‑matter of the investigation or examination.

RSA 2000 cE‑2 s45;2012 c5 s96

False documents

46   No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the Chief Electoral Officer under this Act.

RSA 1980 cE‑3 s38

False statements

47   No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions.

RSA 1980 cE‑3 s39

Failure to provide audited statements

48(1)  The chief financial officer of a registered party, registered constituency association or registered candidate who contravenes section 42 or 43 is guilty of an offence and liable to a fine of not more than $1000.

(2)  When any contravention of section 42 or 43 is committed by a chief financial officer of a registered party, registered constituency association or registered candidate, the political party or constituency association or candidate for which the chief financial officer acts is also guilty of an offence and liable,

                           (a)    in the case of a registered party, to a fine of not more than $5000, and

                           (b)    in the case of a registered constituency association or registered candidate, to a fine of not more than $1000.

(3)  The chief financial officer of a registered leadership contestant who contravenes section 44.96 is guilty of an offence and liable to a fine of not more than $1000.

RSA 2000 cE‑2 s48;2012 c5 s97

Offences by corporations, etc.

49(1)  A corporation, unincorporated organization or association or prohibited corporation that contravenes this Act is guilty of an offence and liable to a fine of not more than $10 000.

(2)  Subsection (1) does not apply to a contravention of section 45, 46 or 47 by a person that constitutes a corrupt practice under section 176 of the Election Act.

RSA 2000 cE‑2 s49;2015 c15 s17

Third party election advertising offences

49.1   A third party that contravenes Part 6.1 of this Act is guilty of an offence and liable to a fine not exceeding

                           (a)    $10 000 if the third party is a person;

                           (b)    $100 000 if the third party is a trade union, employee organization, corporation or other organization.

2010 c8 s90;2012 c5 s98

General offences

50   A person, political party or constituency association that contravenes any of the provisions of this Act, for which contravention no fine is otherwise provided, is guilty of an offence and liable to a fine of not more than $10 000.

RSA 2000 cE‑2 s50;2012 c5 s99

Penalties

51(1)  When the Chief Electoral Officer is satisfied that any person, corporation, trade union or employee organization has made one or more contributions in excess of an amount permitted under this Act, the Chief Electoral Officer may by written notice require that person, corporation, trade union or employee organization to pay a penalty in an amount named in the notice not exceeding the amount by which the contribution or contributions exceeded the amount permitted under this Act or may issue a letter of reprimand to the person, corporation, trade union or employee organization.

(2)  When the Chief Electoral Officer is satisfied that a prohibited corporation has made a contribution in contravention of section 16, the Chief Electoral Officer may by written notice require the prohibited corporation to pay a penalty in an amount named in the notice not exceeding the amount contributed or may issue a letter of reprimand to the person, corporation, trade union or employee organization.

(3)  All penalties collected under this section shall be paid into the General Revenue Fund.

(4)  This section applies in respect of contributions made before this subsection comes into force.

RSA 2000 cE‑2 s51;2006 c23 s26;
2010 c8 s91;2012 c5 s100

Administrative penalties

51.01(1)  In subsections (2) and (3) and section 51.03, “person or entity” means the person, corporation, trade union, employee organization, prohibited corporation, political party, constituency association or third party, as the case may be, on whom a notice of administrative penalty or letter of reprimand is served under this section.

(2)  If the Chief Electoral Officer is of the opinion that

                           (a)    a person has made one or more contributions in excess of a limit prescribed by section 17(1) or 18(1),

                           (b)    a prohibited person or entity has made a contribution in contravention of section 16 or 44.93(2),

                           (c)    a prohibited corporation, a person ordinarily resident outside Alberta or a trade union or employee organization that is not an Alberta trade union or Alberta employee organization has made an election advertising contribution in contravention of section 44.2(5), or

                           (d)    a person, a prohibited person or entity, a political party, a constituency association or a third party has contravened a provision of this Act, otherwise than as referred to in clause (a), (b) or (c),

the Chief Electoral Officer may serve on the person or entity either a notice of administrative penalty requiring the person or entity to pay to the Crown the amount set out in the notice, or a letter of reprimand.

(3)  A notice of administrative penalty must contain the following information:

                           (a)    the name of the person or entity required to pay the administrative penalty;

                           (b)    the particulars of the contravention;

                           (c)    the amount of the administrative penalty and the date by which it must be paid;

                           (d)    a statement of the right to appeal the imposition or the amount of the administrative penalty to the Court of Queen’s Bench.

(4)  In determining the amount of an administrative penalty required to be paid or whether a letter of reprimand is to be issued, the Chief Electoral Officer must take into account the following factors:

                           (a)    the severity of the contravention;

                           (b)    the degree of wilfulness or negligence in the contravention;

                           (c)    whether or not there were any mitigating factors relating to the contravention;

                           (d)    whether or not steps have been taken to prevent reoccurrence of the contravention;

                           (e)    whether or not the person or entity has a history of non‑compliance;

                            (f)    whether or not the person or entity reported the contravention on discovery of the contravention;

                           (g)    any other factors that, in the opinion of the Chief Electoral Officer, are relevant.

(5)  The amount of an administrative penalty that may be imposed under subsection (2) must not exceed

                           (a)    in the case of a contravention referred to in subsection (2)(a), twice the amount by which the contribution or contributions exceed the limit prescribed by section 17(1) or 18(1), as the case may be, and in no case may the amount of the administrative penalty exceed $10 000 for each contravention;

                           (b)    in the case of a contravention of section 16, 44.2(5) or 44.93(1), twice the amount that was contributed in contravention of that provision, and in no case may the amount of the administrative penalty exceed $10 000 for each contravention;

                           (c)    in the case of a contravention referred to in section 48(1), (2)(b) or (3), $1000;

                           (d)    in the case of a contravention referred to in section 49.1, 

                                  (i)    $10 000 if the third party is a person, and

                                (ii)    $100 000, if the third party is a trade union, employee organization, corporation or other organization; 

                           (e)    in the case of any other contravention, $10 000.

(6)  A person or entity who pays an administrative penalty in respect of a contravention shall not be charged under this Act with an offence in respect of the same contravention that is described in the notice of administrative penalty.

(7)  A person or entity who has been served with a notice of administrative penalty shall pay the amount of the administrative penalty within 30 days from the date of service of the notice.

(8)  Subject to the right to appeal, where a person or entity fails to pay the administrative penalty in accordance with a notice of administrative penalty, the Chief Electoral Officer may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.

2012 c5 s100;2015 c15 s18

Time limit

51.02(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 5.2(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.

2012 c5 s100

Appeal of administrative penalty

51.03(1)  A person or entity who is served with a notice of administrative penalty under section 51.01 may appeal the Chief Electoral Officer’s decision by filing an application with the Court of Queen’s Bench 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 Chief Electoral Officer not less than 30 days before the appeal is to be heard.

(4)  The Court of Queen’s Bench 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 of Queen’s Bench may confirm, rescind or vary the amount of the administrative penalty.

2012 c5 s100

Chief Electoral Officer’s orders

51.1(1)  Where a contribution has been made or accepted in contravention of this Act, the Chief Electoral Officer may order that the amount of the contribution that was made or accepted in contravention of this Act be returned to the contributor.

(2)  If it cannot be determined who made the contribution that was made or accepted in contravention of this Act, the amount ordered under subsection (1) must be paid into the General Revenue Fund.

2010 c8 s92;2012 c5 s101

Prosecution

52(1)  A prosecution for an offence under this Act may be instituted against a political party, constituency association or unincorporated organization or association in the name of the political party, constituency association or unincorporated organization or association and for the purposes of prosecution, a political party, constituency association or unincorporated organization or association is deemed to be a person.

(2)  Any act or thing done or omitted by an officer, official or agent of a political party, constituency association or unincorporated organization or association within the scope of the officer’s, official’s or agent’s authority to act on behalf of the political party, constituency association or unincorporated organization or association is deemed to be an act or thing done or omitted by the political party, constituency association or unincorporated organization or association.

(3)  A prosecution under this Act may be commenced within 3 years of the commission of the alleged offence but not afterwards.

RSA 2000 cE‑2 s52;2004 c23 s97;2010 c8 s93;2015 c15 s19

Restrictions

53   No prosecution shall be instituted under this Act without the consent of the Chief Electoral Officer.

RSA 1980 cE‑3 s45