Tag Archives: Election Finances and Contributions Disclosure Act

You’ll be surprised who is on Elections Alberta’s list of banned candidates

A ruling by Court of Queen’s Bench Mr. Justice William Tilleman has lifted a ban imposed on past election candidate Jamie Lall, allowing him to run in the next provincial election if he chooses. Section 57 of Alberta’s Election Act allows the Chief Elections Officer to deem an individual as prohibited from being nominated as a provincial election candidate for a period of eight or five years if they fail to file the proper financial statements with Elections Alberta following the election.

Hugh Sommerville

Hugh Sommerville

Before changes were made to Alberta’s elections laws in 1983, the head of Elections Alberta had the authority to rule individuals indefinitely ineligible to stand for provincial office if they failed to submit their financial returns on time. Three individuals are still listed as being indefinitely ineligible to run as a candidate.

“These things can happen when you’re 22 years old, and get talked into running,” wrote Hugh Sommerville in an email to the publisher of this website. The respected Drumheller-based lawyer was surprised to learn that 38 years after he stood as a provincial election candidate, he is still listed by Elections Alberta as being indefinitely ineligible to run again.

Sommerville has been elected to the board of the Law Society of Alberta and was appointed to the Alberta Health Services Board of Directors in 2015, but in 1979 he ran as a candidate for the New Democratic Party in the Three Hills constituency. He earned 222 votes.

Jamie Lall PC Chestermere Rocky View

Jamie Lall

“I ended up being ineligible because my campaign spent absolutely no money, and my campaign manager left the province for employment in Saskatchewan without filing papers to say that,” Sommerville wrote. “I was working in Fort McMurray at the time, and my mail was being sent to the family farm. By the time I actually received notice that my campaign manager had neglected to file, I was already on the naughty list,” he wrote.

The other two past candidates listed as indefinitely ineligible are Claire Williscroft, another NDP candidate in the 1979 election, and Barry Cook, an Independent candidate in the 1982 election.

“I suppose I should look into whether it is possible to get my name off the list after 38 years,“ Sommerville wrote, noting that he has no intention of running in any future provincial election.

As for Lall, he is now a member of the United Conservative Party but says he is not sure if he will run in the next provincial election, expected to be held in 2019.


Included on the list of individuals prohibited from running or serving as chief financial officers until May 9, 2024, are Edmonton City Council candidates Tony Caterina and Rocco Caterina. The senior Caterina, Tony, ran as a Progressive Conservative the 2015 election, and his son Rocco, served as his chief financial officer.

Tony Caterina told Metro Edmonton in June 2016 that he filed his financial disclosures, but was unable to retire an $11,000 deficit he incurred during the campaign.

Raj Sherman 2010

Alberta Liberals fined $2000 for violating elections finance laws

A $2,000 fine was issued against the Alberta Liberal Party in November 2016 after Elections Alberta found the party had accepted a $17,000 contribution that violated the Election Finances and Contributions Disclosure Act.

The fine was unusually large and may have marked the first time the acceptor of a donation has been fined for accepting a donation larger than the maximum annual limit allowed under Alberta’s elections laws.

The maximum annual limit for donations at the time was $15,000 when the $17,000 donation was received from the Empress Group Ltd., which was owned by former Liberal Party leader and Edmonton-Meadowlark MLA Raj Sherman. Along with paying the $2,000 fine, the party was required to return the excessive contribution amount of $2,000 to the company.

The fine is related to a previous investigation which determined that Sherman exceeded donation limits between 2011 and 2013 by making donations through two companies he owns, Empress Group Ltd. and Raj Sherman Professional Corp. Elections Alberta deemed the two companies to be a single corporation and a fine of $500 was issued against Empress Group Ltd. The excess donations were also returned.

Party president Karen Sevcik told this blogger that the unusually large fine against the party may have been a result of the then-party leader’s involvement in the excess donations. Sevcik also pointed out that it would be impossible for the same mistake to be made again, as corporate donations were banned by the NDP in 2015 and annual individual donations are now limited to $4,000.

Candidate nominations begin for Alberta’s next election but the rules have changed

The next election may be more than two years away but that is not stopping eager potential candidates from wanting a head start on the hustings. Both the Alberta Party and Wildrose Party now beginning the process of nominating candidates for the next election.

It may feel like it is too early to start nominating candidates because Albertans are now two years, one month away from when the next provincial election is expected to be called, but we are not far away from the same time parties began nominating candidates before the last election.

Leela Aheer Wildrose MLA Chestermere Rockyview

Leela Aheer

The next election is expected to be called between March 1, 2019 and May 31, 2019, as Alberta’s fixed election legislation suggests.

The Wildrose Party will be holding its first nomination meeting on Feb. 25, 2017 in the Chestermere-Rocky View constituency. It is expected that incumbent MLA Leela Aheer will be nominated but I have heard rumours that she could face a challenge from a former municipal politician. The Alberta Party was the first to nominate a candidate for the next election when Omar Masood was chosen to represent the party in Calgary-Buffalo at a Nov. 2016 meeting.

As I have done in previous elections, I will do my best to keep track of nomination contests as they heat up.

Omar Masood ALberta Party Calgary Buffalo

Omar Masood

Expected changes to the electoral boundaries for the next election could force the parties to hold new nomination meetings, but there is a real advantage in having a candidate campaigning, fundraising and organizing early.

Amendments to the Election Finances and Contributions Disclosure Act passed in the fall 2016 sitting of the Alberta Legislative Assembly introduced rules around the business of nominating candidates, something that did not previously exist in our province. Here are a few of the new rules:

  • Candidates running for party nominations must register with Elections Alberta. Within 10 days of the conclusion of a nomination contest, the party or constituency association is required to submit to the Chief Electoral Officer a statement including the full names of the nomination contestants.
  • Section 17(1) of the Act states that a maximum annual donation to a nomination candidate is $4,000.
  • Section 9.3 (1) states that the chief financial officer of the party or constituency association must file a statement informing Elections Alberta of the date of the official call of the nomination contest, the date of the nomination meeting, and any fee or deposit required to be paid by a person as a condition of entering the nomination contest, and the estimated cost for holding the nomination contest.
  • Section 32 (4.2) (a) states that all donors who have contributed more than $250 to a nomination campaign will have their names made public, similar to regular donations to candidates and political parties.
  • Section 41.4(1) states that nomination campaign expenses are limited to 20 percent of a registered candidate’s spending limit for an election in that constituency.
  • Section 43.01 (1) states that within 4 months after the conclusion of a nomination contest, the chief financial officer of a nomination contestant is required to file financial return with Elections Alberta.

 

Why there is unlikely to be a Conservative Party of Alberta anytime soon

As prospects of a merger of Alberta’s two estranged conservative parties appear more and more unlikely, Wildrose Party leader Brian Jean has suggested that his party may consider rebranding with a name change before the 2019 election.

Postmedia has reported that Mr. Jean’s party has registered the names Alberta Conservative Party Association and Conservative Party of Alberta Association with the province’s societies registrar.

While these names could help the Wildrose Party further align with the Conservative Party of Canada in the eyes of Albertans, there is a possibility the name change could be denied by the Chief Elections Officer because the new name could likely be confused with the other conservative party, the Progressive Conservative Association of Alberta.

Section 7 (3.1) of the Election Finances and Contributions Disclosure Act states that:

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.

Barring the dissolution of the current PC Party, it might be unlikely that a separate Conservative Party would be allowed to register with Elections Alberta.


The PC Party was officially registered as the Provincial Conservative Association of Alberta until when it added “Progressive” to its name in 1959, to conform with a similar change made by the federal party in 1942.

The Wildrose Party was known as the Alberta Alliance Party (a nod to the Canadian Alliance) from 2002 until 2008 when it became the Wildrose Alliance Party after merging with a group of disgruntled Alberta Alliance members who had formed the Wildrose Party of Alberta in 2007 (the first version of the Wildrose Party was never officially registered with Elections Alberta). According to Elections Alberta, the party’s name was formally changed to the Wildrose Party effective February 3, 2015.

Thousands of Albertans packed the Legislature Grounds to watch Premier Rachel Notley and the NDP cabinet be sworn-in.

10 ways to Renew Democracy in Alberta

The first law created by Alberta’s New Democratic Party government’s after its election win in 2015 was Bill 1: An Act to Renew Democracy in Alberta, which banned corporate and union donations to provincial political parties.

Following the passage of this law, the Select Special Ethics and Accountability Committee was tasked with reviewing the Election Act, the Election Finances and Contributions Disclosure Act, the Conflicts of Interest Act, and the Public Interest Disclosure (Whistleblower Protection) Act.

Christina Gray Edmonton Mill Woods MLA

Christina Gray

The MLA committee is chaired by Edmonton-Mill Woods MLA Christina Gray, who was recently appointed as Minister Responsible for Democratic Renewal, and includes NDP, Wildrose, Progressive Conservative, Liberal and Alberta Party MLAs.

There has not been a comprehensive review of the Election Act in 35 years. Changes to the Act should recognize the current realities and advances in technology while ensuring the election process in Alberta is fair, transparent, accountable and efficient.

Ian Urquhart shared some of his recommendations to the committee in a recent newspaper opinion-editorial. I have already written about how the Alberta government can reform how electoral boundaries are drawn, and without diving into the complex topic of electoral reform (which is currently being dealt with at the federal level), here are ten ideas that I believe could help improve the democratic process in Alberta:

  1. Introduce Mandatory Voting as part of an intensive civics education campaign for Albertans. Voter turnout in provincial elections is abysmally low and has only surged higher than 60 percent twice in the past forty years (in the 1982 and 1993 elections). Like filing your taxes or graduating high school, voting is a civic responsibility in which all citizens should be encouraged, and required, to participate.
  2. Include a None of the Above option on the ballot in provincial elections. This would allow voters to express valid feelings of displeasure with the candidates listed on the ballot through a None of the Above option. If None of the Above receives the most votes, then a by-election will be held with a new group of candidates.
  3. Lower the maximum annual amount that individuals can donate to provincial political parties. The current maximum annual donation limits in Alberta is $30,000 during election periods and $15,000 outside of election periods. The current maximum annual donation for federal political parties in Canada is $1,525.
  4. Implement maximum limits to how much candidates, political parties and third-party groups can spend during the election period, as already exist for candidates in federal elections.
  5. If we are going to have fixed elections for general elections in Alberta, then let’s actually have a fixed election day. It is time to eliminate the open-ended March 1 to May 31 fixed election period, which was passed by the Progressive Conservative government in 2011 and is strangely unique to Alberta. All other provinces with the exception of Nova Scotia have an actual fixed election day.
  6. If we are going to have fixed election days for general elections, we should have fixed election days for by-elections in order to determine when a by-election will be called to fill vacancies in the Legislative Assembly. Current rules only say that a by-election will be called within six months of a vacancy.
  7. Hold Election Day on a weekend and extend voting hours over Saturday and Sunday to allow for more access to the voting stations. Advance voting is currently held over a four day period, so there is no reason why the Election Day cannot be extended over two days. Moving the Election Day to the weekend will make voting easier for citizens who are unable to cast their ballots on a single weekday.
  8. Introduce automated voting tabulators like those used in the 2014 by-elections and by municipalities like the City of Edmonton since the mid-1990s. This would allow for the ballots to be counted in a more efficient and timely manner.
  9. Ban corporate and union donations in municipal elections by amending the Local Authorities Elections Act. Motions supporting this idea have been endorsed by Edmonton City Council, Edmonton Public School Board and Fort Saskatchewan City Council.
  10. Give Elections Alberta the authority and resources to investigate violations of the Local Authorities Elections Act. Some municipalities are currently unwilling or do not have the resources to investigate violations of this law.

The committee is accepting written recommendations until February 26, 2016, which can be emailed to EthicsandAccountability.Committee@assembly.ab.ca.