ARTICLE
8 May 2025

Government Of Alberta Proposes Significant Changes To Provincial Election Laws

BJ
Bennett Jones LLP

Contributor

Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.
On April 29, 2025, the Government of Alberta tabled Bill 54, the Election Statutes Amendment Act, 2025. If passed, Bill 54 will change Alberta's election laws, amending seven separate statutes...
Canada Alberta Government, Public Sector

On April 29, 2025, the Government of Alberta tabled Bill 54, the Election Statutes Amendment Act, 2025. If passed, Bill 54 will change Alberta's election laws, amending seven separate statutes, including the Election Act, the Election Finances and Contributions Disclosure Act, the Referendum Act, the Citizen Initiative Act and the Recall Act. In introducing Bill 54, the government is seeking to improve consistency and transparency in Alberta's democratic processes.

Campaign Finance Reform

Bill 54 would remove Alberta's ban on corporate and union political donations and permit Alberta-based corporations and unions to contribute to:

  • political parties;
  • constituency associations;
  • leadership contestants;
  • candidates (including Senate candidates); and
  • registered third parties engaged in election, Senate or referendum advertising.

These contributions would be subject to new limits:

  • A combined annual limit of C$5,000 for contributions to political parties, candidates and constituency associations.
  • C$5,000 for contributions to third-party advertisers (down from C$34,400).
  • C$5,000 for contributions to one or any combination of leadership contestants.

Bill 54 would permit political parties to sell branded merchandise at fair market value, and any such sales would not be considered political contributions. Individuals could buy party memberships for family members without a contribution receipt, provided the per-person cost is under C$50 (under the current rules, individuals may buy memberships only for themselves).

Bill 54 also proposes a fixed C$5 million spending limit for political parties during a general election, replacing the current formula-based cap.

Referendum and Petition Reform

Bill 54 would amend the signature thresholds for citizen initiative petitions by:

  • Reducing the threshold for constitutional referendum proposals from 20 percent of all registered voters province-wide, including 20 percent of electors in at least two-thirds of the province's electoral divisions, to 10 percent of voters who cast a ballot in the last general election.
  • Extending the signature collection period for initiative petitions from 90 days to 120 days.
  • Shortening the chief electoral officer's review timeline and expanding their ability to refer proposals to court for constitutional review.
  • Requiring referendums and initiative votes to be held on or before the next general election, unless that election is less than a year away.

MLA Recall Reform

Bill 54 would make it easier to initiate the recall of a sitting Member of the Legislative Assembly (MLA) by:

  • Allowing recall petitions 12 months after an MLA's election (currently 18 months).
  • Extending the signature collection period from 60 to 90 days.
  • Changing the signature threshold from 40 percent of all registered voters in the district to 60 percent of voters who cast a ballot in the district's last election.

Voting and Election Day Reform

Bill 54 proposes several changes to voting procedures and election day logistics, with a focus on standardizing access and ballot handling by:

  • Banning electronic voting tabulators to count ballots.
  • Eliminating vouching—where another elector could vouch for a voter without ID—and instead, accepting more forms of ID that reasonably establish residency.
  • Codifying voting accessibility standards:
    • 95 percent of voters must reside within 50 kilometres of a voting place.
    • Population centres with 1,000+ residents must have at least one election day voting place and one day of advance voting.
    • Population centres with 2,500+ residents must offer voting on all advance voting days.

Bill 54 would also expand access to special ballots, allowing voters to request one without providing a reason. A voter could also complete a special ballot by naming a party leader (rather than a local candidate).

Election Oversight and Enforcement Reform

Bill 54 would expand the authority of the chief electoral officer and election commissioner, with several changes to how election investigations and enforcement are carried out:

  • The election commissioner would notify individuals under investigation at the outset, unless doing so compromises the investigation.
  • The election commissioner would have one year to complete election-related investigations, with accelerated timelines for complaints made during an election period.
  • Participants in investigations could have legal representation and may record proceedings before the election commissioner.
  • Fines and penalties would increase: Fines for general contraventions would increase from C$5,000 to C$10,000, with higher penalties for election officers who neglect their duties under the Election Act.

Bill 54 would also clarify that individuals regulated under the Election Act may request advice from the chief electoral officer, who may respond either confidentially or publicly.

Judicial Recount Reform

Bill 54 would allow registered political parties—not just individual candidates—to inspect election documents and take part in judicial recounts. The government must also reimburse a candidate, or their registered political party if applicable, for reasonable recount-related costs, unless the court orders otherwise.

Municipal Involvement and Advertising Reform

Bill 54 would require municipal councillors and school board trustees to take unpaid leave if they choose to run in a provincial election. It would also grant the government full control over election signs and advertising, prohibiting municipalities from regulating them by by-law or resolution.

Looking Ahead

The Bill passed first reading April 29, 2025, and may be amended as it moves through the legislative process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More