Referendum Act

REFERENDUM ACT Chapter R‑8.4 Table of Contents 0.1 Interpretation 1 Holding referendums 4 When referendum binding 5 Time of referendum 5.1 Holding non‑constitutional referendums 5.2 When referendum binding 5.3 Vote by mail‑in ballot 6 Application of Election Act 7 Application of Local Authorities Election Act 7.1 Application of Election Finances and Contributions Disclosure Act 8 Councils to conduct vote 8.1 Eligible electors 8.11 Considerations respecting aboriginal peoples 8.2 Electors in summer village 8.3 Voting subdivisions and stations 8.4 Recommendation to discontinue referendum 8.5 Discontinuing referendum due to emergency 9 Results of referendum 10 Regulations 11 Appropriation 12 National referendum HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 0.1 (1) In this Act, (a) “Chief Electoral Officer” means the Chief Electoral Officer appointed under section 2 of the Election Act ; (a.1) “council” means the council of a municipality as described in the Municipal Government Act ; (b) “elected authority” means (i) a council under the Municipal Government Act , (ii) the council of the City of Lloydminster, or (iii) a board of trustees under the Education Act . (2) Except as provided in subsection (1), words and phrases used in section 8 to 8.3 have the meanings given to them in the Local Authorities Election Act . 2020 c37 s5;2025 c7 s11 Holding referendums 1 The Lieutenant Governor in Council may order that a referendum be held on any question relating to the Constitution of Canada or relating to or arising out of a possible change to the Constitution of Canada. 1992 cC‑22.25 s1 2 and 3 Repealed 2025 c7 s11. When referendum binding 4 (1) If a majority of the ballots validly ordered under section 1 vote the same way on a question stated, the result is binding, within the meaning of subsection (2), on the government that initiated the referendum. (2) If the results of a referendum are binding, the government that initiated the referendum shall, as soon as practicable, take any steps within the competence of the Government of Alberta that it considers necessary or advisable to implement the results of the referendum. (3) Notwithstanding subsection (2), if the results of a referendum are binding, the government that initiated the referendum is not required to implement the results of the referendum if doing so would contravene sections 1 to 35.1 of the Constitution Act, 1982 . RSA 2000 cC‑25 s4;2020 c20 s3;2025 c7 s11;2025 c22 s7 Time of referendum 5 An order under section 1 shall specify whether the referendum is to be held (a) in conjunction with a general election under the Election Act , (b) separately as a stand‑alone referendum on a date provided in the order, or (c) in conjunction with the general elections under the Local Authorities Election Act . RSA 2000 cR-8.4 s5;2025 c7 s11 Holding non‑constitutional referendums 5.1 (1) If the Lieutenant Governor in Council considers that an expression of public opinion is desirable on any matter of public interest or concern, other than a question referred to in section 1, the Lieutenant Governor in Council may order that a referendum be conducted in accordance with this Act and the regulations. (2) An order under subsection (1) shall specify (a) the question or questions that are to be put to the electors, (b) whether the referendum is to be held (i) in conjunction with a general election under the Election Act , (ii) separately as a stand‑alone referendum on a date provided in the order, or (iii) in conjunction with the general elections under the Local Authorities Election Act , (c) the areas of Alberta in which the referendum is to be held, (d) whether the results of the referendum are to be binding, and (e) whether the referendum is to be conducted by mail-in ballot. 2020 c20 s4;2025 c7 s11 When referendum binding 5.2 (1) If the Lieutenant Governor in Council has specified that the results of a referendum ordered under section 5.1 are to be binding and a majority of the ballots validly cast at the referendum vote the same way on a question stated, the result is binding, within the meaning of subsection (2), on the government that initiated the referendum. (2) If the results of a referendum are binding, the government that initiated the referendum shall, as soon as practicable, take any steps within the competence of the Government of Alberta that it considers necessary or advisable to implement the results of the referendum. (3) Notwithstanding subsection (2), if the results of a referendum are binding, the government that initiated the referendum is not required to implement the results of the referendum if doing so would contravene sections 1 to 35.1 of the Constitution Act, 1982 . 2020 c20 s4;2025 c22 s7 Vote by mail‑in ballot 5.3 Where a referendum is ordered under section 5.1 to be held as a stand‑alone referendum on a date provided in the order, the referendum may be conducted by mail-in ballot in accordance with the regulations. 2020 c20 s4 Application of Election Act 6 (1) If a referendum is to be held in conjunction with a general election under the Election Act or separately as a stand‑alone referendum on a date provided for under section 5(b) or 5.1(2)(b)(ii), the Election Act and the regulations under it apply, with all necessary modifications, to the referendum except as otherwise provided by the regulations under this Act. (2) The persons eligible to vote at a referendum to which the Election Act applies are the persons who would be eligible to vote at an election under the Election Act on the day the referendum is held. (3) If a referendum is to be held in conjunction with the general elections under the Local Authorities Election Act , section 134.1(3.1) of the Election Act applies. RSA 2000 cC-25 s6;2020 c20 s5;2025 c7 s11 Application of Local Authorities Election Act 7 (1) If a referendum is to be held in conjunction with the general elections under the Local Authorities Election Act , the Local Authorities Election Act , except Parts 5.1 and 8, and the regulations under it apply, with all necessary modifications, to the referendum except as otherwise provided by the regulations under this Act. (2) The persons eligible to vote at a referendum to which the Local Authorities Election Act applies are the persons who would be eligible to vote at an election under the Local Authorities Election Act on the day the referendum is held. RSA 2000 cC-25 s7;2020 c20 s6 Application of Election Finances and Contributions Disclosure Act 7.1 (1) The Election Finances and Contributions Disclosure Act and the regulations under it apply, with all necessary modifications, to a referendum except as otherwise provided by the regulations under this Act. (2) Despite subsection (1), a regulation under this Act must not modify the following provisions of the Election Finances and Contributions Disclosure Act : (a) the requirement for the Chief Electoral Officer to maintain a register of third parties who engage in referendum advertising under section 9.1(2)(d); (b) eligibility to be registered as a third party under section 9.1(5); (c) the definition of a third party in section 44.94993(1)(i). 2020 c20 s7;2025 c7 s11 Councils to conduct vote 8 (1) Where a referendum is to be held in conjunction with the general elections under the Local Authorities Election Act , every council, except the council of a summer village, shall conduct a vote of the electors residing in the municipality for the purposes of the referendum. (2) The council shall conduct the vote notwithstanding that a general election under the Local Authorities Election Act is not required in that municipality on that day. (3) If the council has entered into an agreement with one or more elected authorities in the same area for the conduct of a general election under the Local Authorities Election Act , the elected authority that is responsible for the conduct of the general election under the agreement shall conduct the vote for the purposes of the referendum and has all the rights, powers and duties of the council to conduct the vote. (4) The Minister responsible for the Local Authorities Election Act is responsible for conducting the vote of the electors residing in an improvement district, special area or summer village in the portion of the City of Lloydminster located in Alberta and for the purposes of a referendum has all the rights, powers and duties of a council to conduct the vote, including the authority to appoint officers. (5) The Minister responsible for the Local Authorities Election Act may enter into an agreement (a) with an elected authority, or (b) with the advisory committee of an improvement district or special area or the council of a summer village to conduct the vote on the Minister’s behalf, and the elected authority, advisory committee or council is authorized to enter into such an agreement. (6) An elected authority, advisory committee or council that enters into an agreement under subsection (5) has all the rights, powers and duties of the Minister to conduct the vote. (7) In accordance with the regulations, payments must be made to elected authorities and other bodies that conduct a vote for the purposes of a referendum under this Act. RSA 2000 cR‑8.4 s8;2020 c37 s5;2025 c7 s11 Eligible electors 8.1 (1) The permanent electors register for a municipality that is compiled and revised under the Local Authorities Election Act shall be used for conducting a vote for the purposes of a referendum in that municipality. (2) Repealed 2024 c11 s3. 2020 c37 s5;2024 c11 s3 Considerations respecting aboriginal peoples 8.11 (1) In preparation for a referendum to be held in conjunction with the general elections under the Local Authorities Election Act , the Chief Electoral Officer shall consult with the band council of each Indian band and with the Metis settlement council and settlement administrator of each Metis settlement to determine whether a suitable building located on the Indian reserve or Metis settlement may be used as a voting place for electors who are residents of the Indian reserve or Metis settlement. (2) If the band council of an Indian band or the Metis settlement council agrees to the use of a suitable building located on the Indian reserve or Metis settlement, the Chief Electoral Officer shall use the building as a voting place. (3) Nothing in a referendum held under this Act is to be construed as abrogating or derogating from the existing aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982 . 2025 c7 s11 Electors in summer village 8.2 In the case of a summer village, only residents of the summer village are entitled to vote in a referendum. 2020 c37 s5 Voting subdivisions and stations 8.3 (1) The voting subdivisions and voting stations established for the purposes of the general elections under the Local Authorities Election Act are the voting subdivisions and voting stations for the purposes of a referendum. (2) Where an elected authority, advisory committee or council has entered into an agreement with the Minister under section 8(5) to conduct a vote on the Minister’s behalf in one or more local areas, the elected authority, advisory committee or council, as the case may be, may combine those local areas and divide them into one or more subdivisions. (3) For the purpose of subsection (2), “local area” means a municipality, improvement district or special area or a park as defined in the Canada National Parks Act (Canada). 2020 c37 s5;2025 c7 s11 Recommendation to discontinue referendum 8.4 The Chief Electoral Officer may recommend that the Lieutenant Governor in Council discontinue a referendum and commence a new referendum at another date and time if (a) the referendum is being held in conjunction with a general election under the Election Act or separately as a stand‑alone referendum on a date provided in the order and the Chief Electoral Officer is of the opinion that an adjournment under section 4(3.1) of that Act is insufficient to address the circumstances set out in that section, (b) the referendum is being conducted by mail‑in ballot and the Chief Electoral Officer is of the opinion that an emergency, disaster or an unusual or unforeseen circumstance requires that the referendum be discontinued, or (c) the referendum is being held in conjunction with the general elections under the Local Authorities Election Act and the Chief Electoral Officer is of the opinion that an extension, adjournment or any other action under section 6.1 of that Act is insufficient to address the circumstances set out in that section. 2025 c7 s11 Discontinuing referendum due to emergency 8.5 (1) The Lieutenant Governor in Council may, by order, discontinue a referendum under this Act if (a) the referendum is being held in conjunction with a general election under the Election Act or separately as a stand‑alone referendum on a date provided in the order and (i) the Lieutenant Governor in Council is of the opinion that an adjournment under section 4(3.1) of that Act is insufficient to address the circumstances set out in that section, or (ii) the election is discontinued under section 4(3.5) of that Act, (b) the referendum is being conducted by mail‑in ballot and the Lieutenant Governor in Council is of the opinion that an emergency, disaster or an unusual or unforeseen circumstance requires that the referendum be discontinued, or (c) the referendum is being held in conjunction with the general elections under the Local Authorities Election Act and the Lieutenant Governor in Council is of the opinion that an extension, adjournment or any other action under section 6.1 of that Act is insufficient to address the circumstances set out in that section. (2) An order under subsection (1)(a) or (c) may discontinue the referendum in one or more electoral divisions or local jurisdictions, as the case may be, and may commence a new referendum at another day and time. (3) An order under subsection (1)(b) may discontinue the mail‑in ballot referendum and may commence a new referendum at another day and time. (4) On being notified of an order under subsection (1), the Chief Electoral Officer shall publish, on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary, a notice that the referendum has been discontinued under this section. (5) If a referendum is discontinued under this section, returning officers and election officers must make all reasonable efforts to ensure that the referendum materials are secured and that the integrity of the referendum is not compromised. 2025 c7 s11 Results of referendum 9 (1) The Chief Electoral Officer shall announce the results of a referendum in accordance with the regulations. (2) The Minister responsible for the administration of this Act shall report the results of a referendum to the Legislative Assembly as soon after they are known as practicable. 1992 cC‑22.25 s9 Regulations 10 The Lieutenant Governor in Council may make regulations (a) modifying the provisions of the Election Act , the Election Finances and Contributions Disclosure Act and the Local Authorities Election Act and the regulations under those Acts to make them applicable to a referendum, including specifying or setting out provisions applicable to referendums in addition to, or instead of, any provisions of those Acts and regulations; (a.1) for the purpose of conducting a referendum ordered under section 5.1 by mail-in ballot, providing that any provision of the Election Act applies to the referendum with the modifications set out in the regulations or specifying or setting out provisions applicable to the referendum in addition to, or instead of, any provision of the Election Act ; (b) prescribing the duties and powers of the Chief Electoral Officer in connection with referendums; (c) respecting amounts that are payable to elected authorities and other bodies conducting a referendum under section 8; (d) prohibiting or regulating, for the purposes of campaigning for or against any question put to the electors at a referendum, (i) contributions that may be made to political parties, persons and groups of persons, and (ii) expenses that may be incurred by political parties, persons and groups of persons; (e) generally respecting any other matters and things relating to the holding and conduct of a referendum that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. RSA 2000 cC‑25 s10;2020 c20 s8;2025 c7 s11 Appropriation 11 The cost of conducting a referendum may be paid out of the General Revenue Fund. 1992 cC‑22.25 s11 National referendum 12 This Act does not apply to a particular proposal to amend the Constitution of Canada if the Legislative Assembly, on the motion of a member of the Executive Council, approves the substitution of a referendum on that proposal held under the Referendum Act (Canada), but (a) the question on the referendum under the Referendum Act (Canada) must be acceptable to the Legislative Assembly, (b) that referendum must be held before the resolution authorizing the amendment to the Constitution of Canada is voted on by the Legislative Assembly, and (c) the result of that referendum, as determined by the majority of ballots validly cast in Alberta, is binding on the Government of Alberta, which shall, as soon as practicable, take whatever steps within its competence that it considers necessary or advisable to implement that result. 1992 c36 s2