Summary of Bill-54, The Election Statutes Amendment Act, 2025

On April 29, the Justice Minister, alongside the Premier of Alberta, tabled Bill-54, the Election Statutes Amendment Act, 2025. This bill proposes amendments to several key pieces of legislation that govern provincial elections, referendums, and political financing.

Legislation Affected by Bill-54:

Alberta Pension Protection Act (APPA)

Key amendments include clarifying procedures for referendums related to pension matters, including whether they are binding and whether mail-in ballots will be used. Specifically, section 4(2)(b) is amended to reference section 7.1 of the Referendum Act, which states that the EFCDA applies to all referendums. Minor housekeeping changes were also made for organizational clarity.

Alberta Personal Income Tax Act (APITA)

Amendments focus on section 24 concerning political contributions. In addition to the existing list of permissible recipients (e.g., registered candidates, parties, constituency associations), Bill-54 adds:

Registered Prospective Candidate Association

This term is defined in more detail in the amendments to the EFCDA.

Alberta Senate Election Act

Changes include:

Adding definitions for “Chief Electoral Officer” (CEO) and “local jurisdiction” (a municipality or school division).
Permitting Senate elections to be rescheduled if they coincide with general elections, referencing sections 4(3.1) of the Election Act and 6.1 of the LAEA to allow the rescheduling of an election due to emergencies or unforeseen circumstances.
Allowing the Lieutenant Governor to reschedule a Senate election, with or without a recommendation from the CEO.
Ensuring that nominations already filed remain valid if an election is rescheduled, and that election materials must be secured to protect the integrity of the election.
Amending section 29(1) to update the powers of the CEO as defined within the Election Act and adding a subsection to prohibit the testing of voting machines, tabulators or other similar type of electronic equipment.
Oversight of Senate elections in these areas will now fall under the CEO.

Citizen Initiative Act (CIA)

Key amendments include:

Replacing section 2(5)(a) to clarify that proposals similar to unsuccessful referendums or initiative votes from the past five years are not eligible.
That a referendum must be held on or before the fixed date for the next general election and if the fixed date for the next general election is “less than” one year after the date on which the report recommending the referendum is tabled, the referendum must be held before the general election following the next general election.

What that means is if a report recommending a referendum is tabled after May 2026 then the referendum won’t happen till after the 2027 election.

Allowing the CEO to seek a court opinion on whether a referendum question exceeds the jurisdiction of the Legislature.
Extending the signature collection period from 90 to 120 days.
Replacing previous signature thresholds with a uniform requirement: 10% of total votes cast in the previous general election for all types of initiatives (including constitutional).
Removed the requirement to acquire the signatures for a constitutional referendum in at least 2/3 of all electoral divisions.
Repealing section 8, this adresses the process of a referendum after the process of a redistributed electoral district.
Allowing corporations, trade unions, and employee organizations in Alberta to contribute to initiative campaigns.
Aligning judicial reviews and enforcement under the EFCDA.

Election Act

Key changes:

The removal of tabulators and related voting equipment in provincial elections.
A Chief Financial Officer (CFO) no longer needs to be appointed by the candidate personally.
Definitions for prospective candidate associations and municipal office holders are added.
Prohibits the CEO from testing vote-counting equipment such as tabulators.
Eliminates “Vote Anywhere” provisions—electors must vote in their home division.
Removes elector vouching; valid ID is now required for all voters.
Records of ID used must be filed with elector declarations.
CFOs are now ineligible to serve as returning officers or election clerks.
Improved polling location access requirements:

95% of voters must live within 50 km of a polling station.
Communities with 1,000+ residents must have a polling place on election day.

Municipal councillors and school board trustees may run as candidates with a formal leave of absence and are deemed resigned upon election.
Scrutineers’ roles are expanded, including access to special ballots and participation at multiple voting stations.
The unofficial count must be completed within 12 hours of poll closing.
Ballot counting staff may now arrive three hours before polls close.
Communication during the count is restricted to those on-site unless permitted by the returning officer.
Special ballots may only be accepted by mail and via the CEO’s designated address and must arrive by 5:00 p.m. on the Friday before election day.
Recount and appeal costs are now covered by the Crown.
Election records must be retained for six months (up from three).
Candidates have up to 90 days (up from 30) to inspect records (excluding ballots).
The Election Commissioner may investigate registered prospective candidate associations and summon individuals during election periods.
The statute of limitations for reprimands is reduced from 3 years to 1 year.
Fines increase as follows:

General offences: $5,000 → $10,000
Returning Officers: $5,000 → $10,000
Election Officers: $2,000 → $5,000
False candidate statements: $10,000 → $50,000

Municipal councils may not interfere with political signage.
The Lieutenant Governor may create regulations requiring proof of Canadian citizenship for voters.

Election Finances and Contributions Disclosure Act (EFCDA)

Notable amendments:

Definitions added for “Prospective Candidate Association” and “Registered Prospective Candidate Association.”

A Prospective Candidate Association means an entity established by or on behalf of a person as the official association of the person for the purpose of supporting the person's prospective campaign for the election as a member of the Legislative Assembly.
A Registered Prospective Candidate Association means a prospective candidate association that is registered under section 8.1 of the EFCDA.

Removes Lieutenant Governor’s authority to designate a corporation as prohibited.
The CEO may now compel the return of excess contributions.
All registered parties must be incorporated under provincial statutes such as:

A municipal party name may not be registered as a provincial party.
Third Party Advertisers (TPAs) must declare their stance on referendum questions and confirm they are not acting on behalf of a party.
A new clause has been added to determine whether a TPA is affiliated with a political party. This includes assesing whether the TPA has a governing body and whether any individual serving on that body also holds a position with a registered political party.
Alberta corporations, trade unions, and employee organizations are now permitted contributors by adding them to to the definition of a permitted person or entity.
Candidate endorsement deadlines extended to 30 days (from 15).
Donation limits made by an individual or entity is increased from $4,000 to $5,000
Merchandise sales are defined as a fundraising method.
Memberships can be purchased for spouses, children, and parents; all others are considered contributions.
Only CFOs may accept contributions.
Municipal parties are prohibited from contributing to provincial campaigns.
New spending limits:

General election party limit: $5,000,000
By-election party limit: $75,000 (up from $23,000)
Candidate spending limit: $75,000 (up from $50,000)
TPA general limit: $500,000 (up from $150,000)
TPA riding-specific limit: $10,000 (up from $3,000)

Trade unions and employee organizations may now be fined under the EFCDA.
New section (Part 7.1) grants the Lieutenant Governor authority to:

Define prohibited corporations
Add expressions or definitions
Govern candidate associations and their financial activity
Regulate TPA affiliation standards
Set contribution limits

Legislative Assembly Act

Amendment removes the term “registered nomination contestant” from disqualification provisions.

Local Authorities Election Act (LAEA)

Candidates or TPAs receiving contributions in a general election year must file returns by September 30, covering January 1–July 31.
In a by-election, returns must be filed within 120 days of the vote.

Recall Act

Word limit for recall application statements reduced from 200 to 100 words.
Applications may now be submitted 12 months post-election (previously 18)
Applications to recall a candidate may be filed 12 months after election day (up from 6).
The CEO must approve or reject recall applications within 7 days.
The member named in the approved application may submit a statement to the CEO that must not exceed 100 words to argue the application.
Signature collection period extended from 60 to 90 days.
Signature verification period reduced from 30 to 21 days.
Signature threshold increased to 60% of votes cast (from 40% of electors).
Corporations and unions residing in the district may contribute to recall campaigns.
Recall vote must be held within 4 months of results publication (down from 6).
The Recall Act is now governed by EFCDA regulations.

Referendum Act

Mail-in ballots permitted if explicitly authorized by the referendum order.
The CEO must maintain a registry of TPAs, with eligibility and definitions provided.
The Lieutenant Governor may discontinue a referendum due to emergencies, disasters, or conflicts with other elections.