CANDIDATE INFORMATION - Mayor and Councillor 2021 Municipal Election 2021-2025 - The Town of ...
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TOWN OF OKOTOKS 2021-2025 CANDIDATE INFORMATION Prospective Candidate Information for the offices of Mayor and Councillor 2021 Municipal Election
TABLE OF CONTENTS PAGE Section I Introduction................................................................................ 3 Introduction to Municipal Councils ............................................... 4 Section II Duties of Council Members Duties of Mayor ........................................................................... 5 Remuneration and Benefits ......................................................... 6 Mayor’s Time Commitment.......................................................... 6 Duties of Councillors ................................................................... 8 Remuneration and Benefits ......................................................... 9 Councillor’s Time Commitment.................................................. 10 Board and Committee Appointments ........................................ 13 Disqualification of Councillors.................................................... 15 Section III Election Procedures Nomination Day and Nomination Forms .................................... 17 Filing of Nomination Papers ...................................................... 21 Viewing Nomination Papers ...................................................... 22 Qualifications of Electors .......................................................... 22 Withdrawal of Nomination ......................................................... 23 Qualifications of Candidates ...................................................... 23 Ineligibility as a Candidate ......................................................... 24 Eligibility to Vote in an Election .................................................. 25 Rules of Residence ................................................................... 25 Voter Identification Requirements and Special Votes ............... 27 Election Day .............................................................................. 28 Candidates’ Agents and Scrutineers ......................................... 29 Section IV Campaign Financing and Literature Campaign Financing.................................................................. 31 Printing of Campaign Literature ................................................. 32 Placement / Removal of Campaign Literature and Signage ...... 32 Election Signage ....................................................................... 33 2021 Election Sign Corral Locations ......................................... 36 Posting of Campaign Literature ................................................. 37 Advertisement Distribution......................................................... 38 Interference with Posted Documents......................................... 38 Section V Offences ................................................................................... 39 2
SECTION I INTRODUCTION Information has been assembled as a resource for prospective candidates containing answers to some of the most frequently received questions regarding election procedures, and some very important facts. This package is provided for information only, and has no legislative sanction. As this information is not inclusive of all the information contained within the specific acts and other legislation, and as legislation changes from time to time, any person wishing a complete copy of the Local Authorities Election Act or the Municipal Government Act, or any other act, is encouraged to view an online copy or order copies from the Government of Alberta, Queen’s Printer website at: http://www.qp.gov.ab.ca. The Alberta Municipal Affairs website notes the roles and responsibilities of municipal officials as well as other information for prospective candidates at: https://www.alberta.ca/municipal-elections-overview.aspx . To learn more, candidates are encouraged to access this information and use these resources. Should you have any questions regarding any information contained in this booklet, please do not hesitate to contact: Town of Okotoks P. O. Box 20, Station Main 5 Elizabeth Street Okotoks, AB T1S 1K1 Attention: Cathy Duplessis, Returning Officer Phone: 403-995-2774 Fax: 403-938-7387 Email: cduplessis@okotoks.ca 3
INTRODUCTION TO MUNICIPAL COUNCILS The Canadian Constitution delegates responsibility for municipal institutions to the provinces. Through a variety of legislation, the Alberta Legislative Assembly has delegated some of its authority to municipal councils. The act you will use most often is the Municipal Government Act (MGA). As a member of Council you will have the opportunity to significantly influence the future of your community. Your power as a member of Council depends on your ability to persuade the other members of Council to adopt your view. All decisions must be made at meetings, held in public, at which a quorum is present. As an individual member of Council you will not have the power to commit the Town of Okotoks to any expenditure or to direct the activities of the employees. Any promise you make as part of your election campaign that involves municipal expenditures or the activities of the Town can only be carried out if you can convince a majority of Council that it is a viable idea. Local legislation is in the form of bylaws. Generally, these remain in effect until they are amended or repealed, so you will not be starting with a blank slate and creating your ideal municipality from scratch. If you are running with some kind of reform in mind, you will have to become familiar with what exists, how it has been created - by bylaw, resolution, or tradition - and why it exists, before you will be able to start implementing your changes. Some examples of local documents you will often refer to are the Council Procedure Bylaw, Land Use Bylaw, and the bylaw establishing the position of the Chief Administrative Officer (CAO). As a member of Council, it will be your duty to establish policy for your municipality. It is the job of the administration to implement the policy. Alberta municipalities have highly educated, competent, and dedicated administrators and you will need the support, advice, and assistance of the administrative staff if you are to be an effective member of Council. Their training, experience, and understanding of how and why things have developed as they have, will be an important resource for you. The best way to find out what the job is all about is to spend some time reading Council agendas and minutes, and talking to the current members of Council. Sit in on some Council meetings. This will help you in your campaign and will assist you in assuming office. 4
SECTION II DUTIES OF COUNCIL MEMBERS DUTIES OF MAYOR Term of Office: Four (4) years The Mayor is the Chief Elected Official of the municipality and has duties that encompass those of both Councillor and Chief Elected Official. (Excerpt from the Municipal Government Act) DUTIES OF THE MAYOR Section 154 (1) A chief elected official, in addition to performing the duties of a councillor, must: (a) preside when in attendance at a council meeting unless a bylaw provides that another councillor or other person is to preside, and (b) perform any other duty imposed on a chief elected official by this or any other enactment or bylaw. (2) The chief elected official is a member of all council committees and all bodies to which council has the right to appoint members under this Act, unless the council provides otherwise. (3) Despite subsection (2), the chief elected official may be a member of a board, commission, subdivision authority, or development authority established under Part 17 only if the chief elected official is appointed in the chief elected official’s personal name. In addition to the above, the traditional role of Mayor also includes: Representing the Town of Okotoks at public functions/ceremonies; Being the primary spokesperson for Council when communicating Council’s decisions and policies to the media and public; Being the primary liaison with all other provincially elected officials; Being the primary link between Council and administration (through the CAO). 5
MAYOR’S REMUNERATION AND BENEFITS Remuneration: $94,158 per annum for regular duties. Loss of Regular Wages - up to a maximum of $200/day for attendance at certain eligible functions, to a maximum of $2,800/annually. Benefits: Optional Group Benefit Plan (includes life insurance, extended health care, dental care, and health spending account). Expenses: Reimbursement of reasonable expenses while traveling outside of Okotoks to conduct official Town business (most commonly, mileage reimbursement for private vehicle use). Office: Office space is provided to the Mayor with administrative assistance provided by the Council Assistant and Legislative Services. A corporately approved device and cell phone is provided to conduct Council business. MAYOR’S TIME COMMITMENT Time Commitment: The position of Mayor is a full time commitment averaging between 35 to 40 hours per week. The Mayor is expected to attend meetings, public functions, ceremonies, and other events which occur most often during evening hours and on weekends. Some administrative duties and public functions are required during normal working hours. Extensive reading is often required in preparation for meetings. Regular meetings/communication with the CAO are beneficial to keep abreast on current major projects, events, and/or issues. See page 10 for a more detailed description of Council’s time commitment. 6
Council Meetings: Regular Council meetings are held on the second and fourth Monday of every month, except for July, August, and December, when only one meeting is generally held. In Camera meetings, when required, are held at 2:00 p.m. on the same day as the regular Council meeting. Regular Council meetings are at 3:00 p.m., often lasting to 6:00 p.m. or later. Public Hearings generally occur at 7:00 p.m. when required. Governance and Priorities Committee Meetings, which include all Council Members, are held on the third Monday of every month, except for July, August, and December, at 5:30 p.m. Inauguration of the new Council is scheduled for Monday, October 25, 2021 and Organizational Meeting of Council is scheduled for Monday, November 1, 2021 at 7:00 p.m. Informal Council meetings, such as annual Joint Council and Finance and Audit Budget Meetings (November), Strategic Planning, and Council Governance Workshops are arranged on an as required basis in order to discuss policy and long term planning issues in more detail. In a typical year, 8 to 10 meetings of this nature may take place. Council Committees: The Mayor is ex-officio member of all committees of Council which fall under the authority of the MGA, and has the right to attend any such committee meeting and participate with full voting rights except any board, commissions, or subdivision/development authority under Part 17 of the MGA (e.g.: Subdivision and Development Appeal Board). The Boards and Committee list provided in this booklet outlines the various Boards that members of Council are appointed to at the annual Organizational Meeting. It is the responsibility of the Mayor to appoint the Council representatives to each Board or Committee on an annual basis. CAO Briefings: Currently the CAO and Council meet for informal updates and dissemination of information the same day as the regular Council meetings at a time determined by the CAO. Currently the CAO administrative briefing is held for an hour prior to the 2 p.m. In Camera session on Council Meeting days. 7
DUTIES OF COUNCILLORS Term of Office: Four (4) years Number of Councillors: Six (6) positions The MGA provides that every municipality shall have a council, the members of which shall be elected in accordance with the Local Authorities Election Act (LAEA). The MGA provides for a broad spectrum of powers and duties for a council and councillors including: (Excerpts from Municipal Government Act) Section 153 Councillors have the following duties: (a) to consider the welfare and interests of the municipality as a whole and to bring to council’s attention anything that would promote the welfare or interests of the municipality; (a.1) to promote an integrated and strategic approach to intermunicipal land use planning and service delivery with neighbouring municipalities; (b) to participate generally in developing and evaluating the policies and programs of the municipality; (c) to participate in council meetings and council committee meetings and meetings of other bodies to which they are appointed by the council; (d) to obtain information about the operation or administration of the municipality from the CAO or a person designated by the CAO; (e) to keep in confidence matters discussed in private at a council or council committee meeting until discussed at a meeting held in public; (e.1) to adhere to the code of conduct established by council under section 146.1(1); (f) to perform any other duty or function imposed on councillors by this or any other enactment or by the council. 8
DUTIES OF A COUNCILLOR (cont’d) Section 201 (1) A council is responsible for: (a) developing and evaluating the policies and programs of the municipality; (b) repealed 2015 c8 s20; (c) carrying out the powers, duties, and functions expressly given to it under this or any other enactment. (2) A council must not exercise a power or function or perform a duty that is by this or another enactment or bylaw specifically assigned to the CAO or a designated officer. COUNCILLOR REMUNERATION AND BENEFITS Remuneration: $43,342 per annum for regular duties. Loss of Regular Wages - up to a maximum of $200/day for attendance at certain eligible functions, to a maximum of $2,800/annually. Benefits: Optional Group Benefit Plan (includes life insurance, extended health care, dental care, and health spending account). Expenses: Reimbursement of reasonable expenses while traveling out of Okotoks on official Town business (most commonly, mileage reimbursement for private vehicle use). Office: Shared office space is provided to Councillors next to the Mayor’s office. Administrative assistance is provided by the Council Assistant and Legislative Services. A corporately approved device is provided to conduct Council business. 9
COUNCILLOR’S TIME COMMITMENT Time Commitment: The position of Councillor is a part time commitment averaging between 10 - 20 hours per week. Councillors are expected to attend meetings which occur most often during evening hours and occasionally on weekends. Extensive reading is required in preparation of meetings. Attendance is also required at some public functions and ceremonies that most often occur on evenings and weekends. The MGA provides an outline of duties for members of Council. The Act does not, however, indicate the minimum number of hours per week members should spend performing their duties. The amount of time spent varies from each community and time of year and is left to the discretion of each member of Council; however there are certain minimum duties that need to be performed should a candidate be elected to Council including: Council Meetings: Regular Council meetings are held on the second and fourth Monday of every month, except for July, August, and December, when only one meeting is generally held. In Camera meetings, when required, are held at 2:00 p.m. on the same day as the regular Council meeting. Regular Council meetings are at 3:00 p.m., often lasting to 6:00 p.m. or later. Public Hearings generally occur at 7:00 p.m. when required. Governance and Priorities Committee Meetings, which include all Council Members, are held on the third Monday of every month, except for July, August, and December, at 5:30 p.m. Inauguration of the new Council is scheduled for Monday, October 25, 2021 and Organizational Meeting of Council is scheduled for Monday, November 1, 2021 at 7:00 p.m. In preparation for Council meetings, an agenda package typically ranges from 100 - 300 pages and is ready for web access on the Thursday prior to the meeting to allow time for reading and reviewing the issues. Informal Council meetings, such as the annual Joint Council and Finance and Audit Budget Meetings (approximately 2.5 days in November), Strategic Planning, and Council Governance Workshops are arranged on an as required basis in order to discuss policy and long term planning issues in more detail. In a typical year, 8 to 10 meetings of this nature may take place. 10
CAO Briefings: Currently the CAO and Council meet for informal updates and dissemination of information the same day as the regular Council meetings at a time determined by the CAO. Presently the CAO administrative briefing is held for an hour prior to the 2 p.m. In Camera session on Council Meeting days. Council Committees: Councillors are expected to each sit on approximately four (4) to five (5) Council Committees. Only those Councillors who are appointed to serve on a Committee have the right to vote at that Committee. The Boards and Committees list is provided in this booklet. Councillors are appointed to the various Boards as determined by the Mayor (who compiles all Council members requests and assigns members) at the Organizational Meeting, which is held annually. There are several types of committee appointments: Committees established by Council under the MGA; Committees established under other Legislation; Regional committees, boards, etc., which request or require representation by a member of Council. Most Council Committees, Boards or Commissions meet on a monthly basis in the evening, with an average meeting length of two (2) hours. Orientation: Councillors often find the first year as an elected official to be very demanding. There are several orientation meetings (after the Inauguration and Organizational Meeting) for the new Council to become fully acquainted with the scope of services the Town provides, the Corporation, and current issues. These sessions are highly beneficial as they will assist in effective decision making on Council and are mandated under section 201.1 of the MGA. In addition to Council Meetings, proposed Orientation/new Councillor time commitments include 2.5 full days for the Annual Budget Meeting discussions in mid-November and the Alberta Urban Municipalities Association convention later in November 2021. Deputy Mayor: Councillors act as Deputy Mayor on a rotation in accordance with the schedule adopted by Council at its Organizational Meeting. In the event of the Mayor’s absence, the Deputy Mayor may be called upon to perform the Mayor’s regular functions, such as acting as Chair at Council meetings, executing official documents, attending public functions, etc. 11
COUNCILLOR’S/COUNCIL’S TIME COMMITMENT (cont’d) AUMA: The Alberta Urban Municipalities Association (AUMA) is an association that represents and supports municipal councils. AUMA represents a unified voice to the provincial government on behalf of urban communities and provides valuable services to support urban municipalities (www.auma.ca). Each year in the fall, an AUMA convention is held that attracts approximately 1,000 delegates from urban councils and municipal administration (staff). The convention that is held during an election year is strongly geared toward newly elected council members and for this reason, newly elected officials are encouraged to set aside time to attend this event. The 2021 AUMA convention would normally be held later in November during an election year and alternates locations between Calgary and Edmonton. Due to COVID-19 the convention might be held virtually as it was in 2020. The convention registration and associated travel expenses are provided within the Council budget, if required. FCM The Federation of Canadian Municipalities (FCM) is the national voice of Canadian municipal governments, dedicated to improving the quality of life in all communities by promoting strong, effective, and accountable municipal governments. The FCM represents the interests of all municipalities on policy and program matters within federal jurisdiction. The annual FCM conference is usually held in early June. Typically two members of Council attend the FCM conference each year. 12
BOARD AND COMMITTEE APPOINTMENTS Council Initiated Committees with Council and Citizen Representatives: COMMITTEE NAME (# of Councillors on Committee) Family and Community Support Services Committee (FCSSC) (1) The FCSSC provides leadership in the identification and addressing of social issues in order to enhance the wellbeing of individuals, families, and the community. FCSS is a partnership in which the province and the municipality fund locally driven preventive social initiatives. Finance and Audit Committee (F&A) (3) The Finance and Audit Committee assists administration with the development and implementation of annual operating and capital budgets, and reviews, reports and makes recommendations on current and long range fiscal planning for the Town. Municipal Planning Commission (MPC) (2) Under the authority of the MGA, Part 17, Council established the MPC to perform such functions relating to the development and subdivision of land as Council may delegate. Okotoks Public Library Board (1) Under the authority of the Libraries Act, this Board was established to manage, regulate, and control the municipal library. Subdivision and Development Appeal Board (SDAB) (1) Under the authority of the MGA, Part 17, Council established the SDAB to serve as an administrative tribunal to hear and make determinations in respect of appeals of subdivision or development decisions of a Subdivision Authority (e.g. MPC). The Board meets at the call of the Chairman when required. United Way/Okotoks Partnership (UWOP) (1) The purpose of the UWOP is to sustain a partnership with the United Way of Calgary and Area, to oversee a community fundraising campaign, and to distribute United Way funding. Council Initiated Committees (no citizen representatives): COMMITTEE NAME (# of Councillors on Committee) Governance and Priorities Committee (GPC) (all of Council) Plans and stages events, ceremonies, and special occasions held by the Town, interviews applicants for Committees and Boards, recommends the adoption of names for residential neighbourhoods, buildings, bridges, and roads, reviews and/or develops corporate compensation objectives and policies, and reviews governance issues. 13
Emergency Advisory Committee (EAC) (3) Under the authority of the Emergency Management Act a council is required to establish an EAC that will advise Council on the development of emergency plans and programs which comply with provincial and local legislation. External Agency Committees to which Council is appointed: Alberta Foothills Industrial Corridor Association (3) Okotoks/Foothills County Intermunicipal Committee (3) Foothills Regional Services Commission (landfill)(two year appointment) (1) Foothills Regional Water and Wastewater Collaborative (2) Foothills Regional Emergency Services Commission (1) Friends of Champion Park (2) Westwinds Communities (seniors’ housing)(two year appointment) (1) Community Futures Highwood (business development)(two year appointment) (1) Calgary Metropolitan Region Board (1) Calgary Metropolitan Region Board - Advocacy (1) Calgary Metropolitan Region Board - Governance (1) Calgary Metropolitan Region Board - Intermunicipal Servicing (1) Calgary Metropolitan Region Board - Land use(1) Calgary Metropolitan Region Board – Delivery of Policing Services (1) Bow River Basin Water Council (1) Foothills-Okotoks Recreation Society (2) Crescent Point Community Foundation (1) 14
DISQUALIFICATION OF COUNCILLORS (Excerpts from the Municipal Government Act) Section 174 (1) A councillor is disqualified from council if: (a) when the councillor was nominated, the councillor was not eligible for nomination as a candidate under the Local Authorities Election Act; (b) the councillor ceases to be eligible for nomination as a candidate under the Local Authorities Election Act; (b.1) the councillor (i) fails to file a disclosure statement as required under section 147.4 of the Local Authorities Election Act before the end of the time period referred to in section 147.7 of the Local Authorities Election Act, and (ii) has not been relieved from the obligation to file a disclosure statement by a court order under section 147.8 of the Local Authorities Election Act; (c) the councillor becomes a judge of a court or a member of the Senate or House of Commons of Canada or of the Legislative Assembly of Alberta; (d) the councillor is absent from all regular council meetings held during any period of 8 consecutive weeks, starting with the date that the first meeting is missed, unless subsection (2) applies; (e) the councillor is convicted (i) of an offence punishable by imprisonment for 5 or more years, or (ii) of an offence under section 123, 124 or 125 of the Criminal Code (Canada); (f) the councillor does not vote on a matter at a council meeting at which the councillor is present, unless the councillor is required or is permitted to abstain from voting under this or any other enactment; (g) the councillor contravenes section 172; (Disclosure of Pecuniary Interest); (h) the councillor has a pecuniary interest in an agreement that is not binding on the municipality under section 173; (i) the councillor uses information obtained through being on council to gain a pecuniary benefit in respect of any matter; (j) the councillor becomes an employee of the municipality; 15
(k) the councillor is liable to the municipality under section 249. (2) A councillor is not disqualified by being absent from regular council meetings under subsection (1)(d) if (a) the absence is authorized by a resolution of council passed at any time: (i) before the end of the last regular meeting of the council in the 8-week period, or (ii) if there is no other regular meeting of the council during the 8-week period, before the end of the next regular meeting of the council, or (b) the absence is in accordance with a bylaw under section 144.1. (3) For the purposes of this section, a councillor is not considered to be absent from a council meeting if the councillor is absent on council business at the direction of council. (4) A councillor who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is eligible for nomination under the Local Authorities Election Act. 16
SECTION III ELECTION PROCEDURES (Excerpts from the Local Authorities Election Act) NOMINATION DAY Section 25 (1) Nomination day is four (4) weeks before election day. (2) A person may file a nomination to become a candidate (a) for a general election within the period beginning on January 1 in a year in which a general election is to be held and ending at 12 noon on nomination day. Nomination Day is Monday, September 20, 2021. A person may file a nomination paper after January 1, 2021 until 12 noon on nomination day, September 20, 2021. NOMINATION FORMS Section 27 (paraphrased) Every nomination of a candidate shall be in the prescribed form, be signed by at least five (5) persons who are electors eligible to vote in that election and reside in the local jurisdiction on the date of signing the nomination, and shall be accompanied by a written acceptance sworn or affirmed in the prescribed form by the person nominated stating: o that the person is eligible to be elected to the office; o the name, address and telephone number of the person’s official agent; o that the person will accept the office if elected; o and if required by bylaw, it shall be accompanied by a deposit in the required amount ($500 for Mayor and $250 for Councillor); and o if a bylaw has been passed providing for a deposit, a nomination paper is not valid nor shall it be acted on by the Returning Officer unless it is accompanied with the deposit. PLEASE NOTE In accordance with Section 147.22 “No person shall accept a contribution or incur a campaign expense unless the person has been nominated as a candidate”. Prior to accepting campaign contributions after January 1, 2021, even your own, or spending any money on campaign expenses, you must file your nomination papers for a position on Town Council. The Nomination Form to be filed is as follows: 17
NOMINATION PAPER AND CANDIDATE’S ACCEPTANCE Local Authorities Election Act (Sections 12, 21, 22, 23, 27, 47, 68.1, 151, Part 5.1) Note: The personal information on this form is being collected to support the administrative requirements of the local authorities election process and is authorized under section 27 of the Local Authorities Election Act. The personal information will be managed in compliance with the privacy provisions of the Freedom of Information and Protection of Privacy Act. If you have any questions concerning the collection of this personal information, please contact the Town of Okotoks FOIP Coordinator at: 403-938-8944. FOR THE TOWN OF OKOTOKS, IN THE PROVINCE OF ALBERTA We, the undersigned electors of the Town of Okotoks, nominate: (Candidate’s Surname) (Given Names) of ___________________________________________________________________________________ (Complete Street Address and Postal Code) as a candidate at the election to be held October 18, 2021 for the office of ______________________________________ of the Town of Okotoks. (Either Mayor or Councillor) Signatures of AT LEAST FIVE (5) ELECTORS ELIGIBLE TO VOTE in this election in accordance with Sections 27 and 47 of the Local Authorities Election Act: Complete Street Address and Printed Name of Elector Postal Code of Elector Signature of Elector 18
CANDIDATE’S ACCEPTANCE: I, the above named candidate, solemnly swear (affirm): THAT I am eligible under Sections 21 and 47 of the Local Authorities Election Act to be elected to the office; THAT I am not otherwise disqualified under Section 22 or 23 of the Local Authorities Election Act ; THAT I will accept the office if elected; THAT I have read Section 12, 21, 22, 23, 27, 28, 47, 68.1, and 151 and Part 5.1 of the Local Authorities Election Act and understand their contents; and THAT I am appointing the following individual as my official agent: _______________________________________________________________________________ _______________________________________________________________________________ Name, Contact Information or Complete Address and Postal Code and Telephone Number of Official Agent (if applicable) Print name as it should appear on the ballot: _______________________________ ___________________________________________ (Candidate's Surname) (Given Names) (may include nicknames, but not titles, i.e. Mr., Mrs., Dr.) SWORN (AFFIRMED) before me at the ] Town of Okotoks in the Province of Alberta ] ____________________________________ this _______ day of _________________ 2021 ] Candidate’s Signature ______________________________________________ Signature of Returning Officer or Commissioner for Oaths Or Notary Public in and for Alberta (Also include printed or stamped name and expiry date) RETURNING OFFICER’S ACCEPTANCE Returning Officer signals acceptance by signing this form: _______________________________________________ Signature of Returning Officer IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT OR A FORM THAT CONTAINS A FALSE STATEMENT Note: Each candidate for Mayor must include a $500.00 deposit with a Nomination Paper, and each candidate for Councillor must include a $250.00 deposit with a Nomination Paper (Town of Okotoks Bylaw 35-20). Deposits must be provided by cash, certified cheque or money order (credit cards are not accepted). 19
Nomination Form Instructions A. Completing your nomination form Nominations for Councillor must be: 1) made on this Nomination Form, 2) signed by five (5) or more electors (electors is defined in About Qualifications, below), 3) signed and sworn or affirmed by you before a notary public or commissioner for oaths, and 4) accompanied by a $500.00 deposit for Mayor and $250.00 deposit for Councillor in cash, certified cheque, or money order payable to Town of Okotoks B. Filing your nomination form You must file your completed nomination form with the Returning Officer starting on January 1, 2021 and closing on Monday, September 20, 2021, at 12 noon at the Town of Okotoks Municipal Centre, 5 Elizabeth Street, Okotoks, Alberta. Please contact the Returning Officer, Cathy Duplessis, at 403-995-2774 or cduplessis@okotoks.ca to make an appointment to file your form before Monday, September 20, 2021. Note: Faxed or emailed nomination papers will not be accepted. C. Withdrawing your nomination You may withdraw your nomination at any time before 12 noon on September 19, 2017, by giving written notice to the Legislative & Policy Services Manager at 5 Elizabeth Street, Okotoks, Alberta (Faxed or emailed withdrawal papers are not acceptable.) NOTE You may only withdraw your nomination if enough candidates remain to fill the office for which you are nominated (Section 32, Local Authorities Election Act). D. About qualifications 1) Candidate qualifications Section 21 of the Local Authorities Election Act describes the qualifications for candidates. Section 22, 23 and 24 describes circumstances that make you ineligible for election or nomination. We urge you to read these sections carefully. You must read Sections 21, 22, 23, 27, 28, 47, 68.1, and 151 and Part 5.1 of the Act before completing the Candidate’s Acceptance of this form. 2) Elector qualifications: Section 47(1) of the Local Authorities Election Act defines an elector as a person who: • is at least 18 years old, • is a Canadian citizen, and • has resided in Alberta for six (6) consecutive months immediately preceding Election Day and the person’s place of residence is located in the area on Election Day. 3) Nominator qualifications Nominators must be electors and must live in the Town. 20
FILING OF NOMINATION FORMS Section 28 (1) The Returning Officer shall receive nominations at the local jurisdiction office between January 1, 2021 and 12:00 p.m. (noon) on Nomination Day. Nomination Papers Accepted January 1, 2021 until 12:00 noon on September 20, 2021 Municipal Centre - 5 Elizabeth Street Candidates must sign the Nomination Paper (Candidate’s Acceptance portion) in the presence of the Returning Officer or a Commissioner for Oaths. The Returning Officer will be receiving nominations during the nomination period, so you can have your signature witnessed then if you are delivering your papers in person. You will be required to show photo identification. If your photo identification does not indicate your Okotoks address, please contact the Returning Officer in order to determine what forms of identification will be accepted. Please make an appointment to ensure the Returning Officer or designate is available to accept your nomination papers. The Returning Officer, Cathy Duplessis, can be contacted at 403-995-2774 or cduplessis@okotoks.ca to make an appointment to file your form before Monday, September 20, 2021. Note: Faxed or emailed nomination papers will not be accepted. If someone else will be delivering your Nomination Papers, you must have your signature witnessed ahead of time by a Commissioner for Oaths so that your Nomination Paper can be received by the Returning Officer. Each candidate for Mayor must include a $500.00 deposit with a Nomination Paper, and each candidate for Councillor must include a $250.00 deposit with a Nomination Paper. Deposits must be provided by cash, certified cheque, or money order (credit cards are not accepted). Deposits are returned if: (a) you are elected; (b) you obtain a number of votes at least equal to one half of the total number of votes cast for the candidate elected to office with the least number of votes; or (c) you withdraw as a candidate in accordance with the LAEA. 21
VIEWING NOMINATION PAPERS Section 28 At any time after January 1, 2021, a person may request to examine the filed nominations during regular business hours and in the presence of the Returning Officer. The names of candidates who have filed nomination papers in accordance with the LAEA will be posted on the Town website’s election page. If you wish to view the Nomination Papers, please contact Cathy Duplessis (403-995-2774), Returning Officer for the Town of Okotoks. The Municipal Centre, located at 5 Elizabeth Street, is open to the public Monday to Friday from 8:30 a.m. to 4:00 p.m. QUALIFICATIONS OF ELECTORS WHO SIGNS NOMINATION PAPERS It is imperative that a person who signs Nomination Papers is eligible to vote. Section 47 (1) A person is eligible to vote in an election held pursuant to the LAEA if the person: (a) is at least 18 years old, (b) is a Canadian citizen, and (c) has resided in Alberta for the six (6) consecutive months immediately preceding election day and the person’s place of residence is located in the area on election day. NOTE: 1. “Area” means the area within the boundaries of a local jurisdiction (within the Town of Okotoks boundaries). 2. The person who signs the Nomination Papers must be a resident in the local jurisdiction on the date of signing the nomination. 3. To ensure validity of their Nomination Papers, a candidate is encouraged to have more than the required five (5) electors’ signatures on the papers in case some signatures are found to be ineligible. 22
WITHDRAWAL OF NOMINATION Section 32 32(1) A person nominated as a candidate may withdraw as a candidate at any time during the nomination period. (2) Subject to subsection (3), at any time within 24 hours after the close of the nomination period, if more than the required number of candidates for any particular office are nominated, any person so nominated may withdraw as a candidate for the office for which the candidate was nominated by filing with the returning officer a withdrawal in writing. (3) If, after one or more candidates have withdrawn in accordance with subsection (2), the number of remaining candidates does not exceed the number of vacancies to be filled, the returning officer shall refuse to accept further withdrawals. QUALIFICATIONS OF CANDIDATES Section 21 (1) A person may be nominated as a candidate in any election under this Act if, on Nomination Day the person: (a) is eligible to vote in that election, (b) has been a resident of the local jurisdiction for the six (6) consecutive months immediately preceding nomination day, and (c) is not otherwise ineligible or disqualified. 23
INELIGIBILITY AS A CANDIDATE Section 22 (1) A person is not eligible to be nominated as a candidate in any election under this Act if on Nomination Day (a) the person is the auditor of the local jurisdiction for which the election is to be held; (b) subject to subsection (4), the person is an employee of the local jurisdiction for which the election is to be held unless the person is on a leave of absence granted under this section (see the Act for more information); (c) the person is indebted to the municipality of which the person is an elector for taxes in default exceeding $50, excluding from that amount i) any indebtedness for current taxes, and ii) any indebtedness for arrears of taxes for which the person has entered into a consolidation agreement with the municipality, unless the person is in default in the payment of any money due under the agreement; (d) the person is indebted to the local jurisdiction for which the election is to be held for any debt exceeding $500 and in default for more than 90 days; (d.1) the person has, within the previous 10 years, been convicted of an offence under this Act, the Election Act, the Election Finance and Contributions Disclosure Act or the Canada Elections Act (Canada). (4) Please read the balance of the section for more detail. A pdf copy of the Local Authorities Election Act can be downloaded at: https://open.alberta.ca/publications/l21 24
ELIGIBILITY TO VOTE IN AN ELECTION Section 47 (1) A person is eligible to vote in an election held pursuant to this Act if the person (a) is at least 18 years old, (b) is a Canadian citizen, and (c) has resided in Alberta for the six (6) consecutive months immediately preceding election day and the person’s place of residence is located in the area on election day. RULES OF RESIDENCE Section 48 Section 48 of the Act provides further guidance to voters on the issue of residency as follows: (1) The place of residence is governed by the following rules: (a) a person may be a resident of only one place at a time for the purposes of voting under this Act; (a.1) if a person has more than one residence in Alberta, that person shall, in accordance with subsection (1.1), designate one place of residence as the person’s place of residence for the purposes of this Act; (b) the residence of a person is the place where the person lives and sleeps and to which, when the person is absent, the person intends to return; (c) a person does not lose the person’s residence by leaving the person’s home for a temporary purpose; (d) subject to clause (e), a student who i) attends an educational institution within or outside Alberta, ii) temporarily rents accommodation for the purpose of attending an educational institution, and iii) has family members who are resident in Alberta and with whom the student ordinarily resides when not attending an educational institution is deemed to reside with those family members; e) if a person leaves the area with the intention of making the person’s residence elsewhere, the person loses the person’s residence within the area. (1.1) For the purposes of subsection (1)(a.1), a person shall designate the person’s place of residence in accordance with the following factors in the following order of priority: 25
(a) the address shown on the person’s driver’s licence or motor vehicle operator’s licence issued by or on behalf of the Government of Alberta or an identification card issued by or on behalf of the Government of Alberta; (b) the address to which the person’s income tax correspondence is addressed and delivered; (c) the address to which the person’s mail is addressed and delivered; 26
VOTER IDENTIFICATION REQUIREMENTS In order to vote, you must produce identification for inspection or an elector who has produced identification vouches for the identity of another person under Section 53. The identification must be one of the following, as required by Section 53 of the Local Authorities Election Act: a) one piece of photo identification with name and current address issued by a Canadian government (federal, provincial, local, or an agency thereof) e.g.: Alberta Operator’s (Driver’s) License or government issued identification card; or b) one piece of identification authorized by the Chief Electoral Officer under the LAEA that establishes name and current address, as listed below: Attestation of residence issued by the authorized representative (landlord) of a commercial property management company; Attestation of identity and residence issued by the authorized representative of a correctional institution; Attestation of residence issued by the authorized representative of a First Nations band or reserve; Attestation of residence issued by the authorized representative of a post-secondary institution; Attestation of identity and residence issued by the authorized representative of a shelter or soup kitchen; Attestation of identity and residence issued by the authorized representative of a supportive living facility or treatment center; Bank/credit card statement or personal cheque; Correspondence issued by a school, college or university; Government cheque or cheque stub; Income/property tax assessment notice; Insurance policy or coverage card; Letter from a public curator, public guardian or public trustee; Pension Plan statement of benefits, contributions or participation; Residential lease or mortgage statement; Statement of government benefits: e.g.: employment insurance, old-age security, social assistance, disability support, or child tax benefit; Utility bill: e.g.: telephone, public utilities commission, television, hydro, gas or water; Vehicle ownership, registration or insurance certificate. Special voting arrangements are made to accommodate those who are unable to vote on Election Day such as residents that will be out of town (advance vote), are incapacitated or who are in an institution (seniors’ home). All regular voting and special voting arrangements will be advertised in the local newspaper. Advance votes for the 2021 election will be scheduled and advertised as required under the LAEA. 27
TOWN OF OKOTOKS ELECTION DAY is MONDAY, OCTOBER 18, 2021 VOTING HOURS 6:00 a.m. to 8:00 p.m. VOTING STATIONS FOOTHILLS CENTENNIAL CENTRE 204 Community Way (for residents south of the Sheep River) OKOTOKS RECREATION CENTRE 99 Okotoks Drive (for residents north of the Sheep River) 28
CANDIDATES’ AGENTS AND SCRUTINEERS A candidate may, on the nomination form, appoint an official agent and/or scrutineers to represent him at a voting station. The scrutineer(s) must be at least 18 years of age. Both the official agent and scrutineer(s) must subscribe to a statement at the voting station. Not more than one agent or scrutineer per candidate is permitted at any voting station on the candidate’s behalf. If a candidate would like to either personally or by way of an agent, observe the election process at the voting station, the following process shall be followed: (Excerpts from the Local Authorities Election Act) Official Agent Section 68.1 (1) Each person nominated as a candidate may, on the nomination form, appoint an elector to be the candidate’s official agent. (1.1) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the Returning Officer in writing of the contact information of the new official agent. (2) A person who has, within the previous 10 years, been convicted of an offence under this Act, the Election Act or the Canada Elections Act (Canada) is not eligible to be appointed as an official agent. (3) No candidate shall act as an official agent for any other candidate. (4) The duties of an official agent are those assigned to the official agent by the candidate. Candidate’s Scrutineer Section 69 (1) If, at any time during voting hours, a person who is at least 18 years old presents to the presiding deputy a written notice, in a form acceptable to the Returning Officer, (a) signed by a candidate, and (b) stating that the person presenting the notice is to represent that candidate as the candidate’s scrutineer at the voting station, the person presenting the notice shall be recognized by the presiding deputy as the scrutineer of the candidate. (1.1) A person who has, within the previous 10 years, been convicted of an offence under this Act, the Election Act, the Election Finances and Contributions 29
Disclosure Act or the Canada Elections Act (Canada) is not eligible to be recognized as a scrutineer. (2) Before a person is recognized as a scrutineer, the person shall make and subscribe before the presiding deputy at the voting station a statement in the prescribed form. (3) The presiding deputy shall not permit a candidate to have an official agent or a scrutineer present while the candidate is present at any time in a voting station during voting hours. (3.1) The presiding deputy shall not permit a candidate to have both an official agent and a scrutineer present at the same time in a voting station during voting hours. (4) A candidate or official agent personally may (a) undertake the duties that the candidate’s scrutineer may undertake, and (b) attend any place that the candidate’s scrutineer is authorized by this Act to attend. (5) The presiding deputy may designate the place or places at a voting station where a candidate, an official agent or a scrutineer of a candidate may observe the election procedure, and in designating the place or places, the presiding deputy shall ensure that the candidate, official agent or scrutineer can observe any person making a statement under section 53(1)(b) or (2), 77 or 78. (6) When, in the provisions of this Act that relate to the election of a member of an elected authority, expressions are used requiring or authorizing an act or thing to be done or implying that an act or thing is to be done in the presence of an official agent, a scrutineer or a candidate, the expression is deemed to refer to the presence of those an official agents and scrutineers (a) that are authorized to attend, and (b) that have in fact attended at the time and place where that act or thing is being done, and if the act or thing is otherwise properly done, the non-attendance of an official agent or a scrutineer at that time and place does not invalidate it. 30
SECTION IV CAMPAIGN FINANCING AND LITERATURE CAMPAIGN FINANCING There are a number of important rules about how money can be contributed to support candidates and how those contributions can be spent. During the campaign period, candidates can raise funds to support their election campaigns. The campaign period for the 2021 general election is January 1, 2021 to December 31, 2021. Candidates should become familiar with Part 5.1 Election Finances and Contributions Disclosure of the LAEA. If you run as a candidate you cannot receive any contributions unless you have filed nomination papers that have been accepted by the Returning Officer. As a candidate you can contribute up to $10,000 to fund your own campaign. You must open a campaign bank account once you have received more than $1,000 in contributions. Residents of Alberta can contribute no more than $5,000 to support a candidate in a campaign period. Residents can contribute to the campaign of more than one candidate. Candidates are responsible for ensuring they do not accept donations exceeding these limits. Any anonymous contributions received must not be used and must be returned to the contributor if that can be determined or donate the anonymous contributions to a registered charity or the Town. Receipts must be issued for every campaign contribution received and obtained for all campaign expenses. Campaign expenses are described in section 147.1(1)(a) of the LAEA. Contributions can be used to pay for campaign expenses and include items such as advertising, hiring staff, and renting space for meetings. As a candidate it is your responsibility to ensure that the money in your campaign bank account is used only for approved campaign expenses. If you accept campaign contributions, you are required to file a campaign disclosure statement with the Town of Okotoks on or before March 1, 2022. COMPLIANCE AND ENFORCEMENT Recent legislative changes have authorized the Election Commissioner, under Elections Alberta, to investigate potential violations of the LAEA Part 5.1, Election Finances and Contributions Disclosure, and Part 8, Third Party Advertising provisions. An organization or individual may request the Election Commissioner to conduct an investigation in the matters related to campaign funding and third party advertising. 31
PRINTING OF CAMPAIGN LITERATURE (Excerpts from the Local Authorities Election Act) Section 148 (5) No person shall print or distribute or cause to be printed or distributed in any advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper a form of ballot printed by the Returning Officer, indicating or showing it to be marked for any candidate or candidates. (6) Notwithstanding anything in this section, the Returning Officer may at any time after Nomination Day cause a facsimile of the ballot for chief elected official, member of an elected authority, bylaw or question to be published as often as the Returning Officer considers necessary in a newspaper circulating in the area, for the information of the electors. (7) A person who contravenes sections (1), (2), (3), (4) or (5) is guilty of an offence and liable to a fine of not more than $10,000 or to imprisonment for not more than six (6) months or to both fine and imprisonment. PLACEMENT/ REMOVAL OF CAMPAIGN LITERATURE AND SIGNAGE Advertising on public and private property must be in accordance with the Town’s Election Signage Policy and Guidelines and Land Use Bylaw; with advertising on private property only with the consent of the owner. Advertising on public property is allowed within the Sign Corrals located on Northridge Drive, Southridge Drive and 32 nd Street; as specified below. All advertising should be promptly removed within the specified timelines of the policy, following the election. 32
ELECTION SIGNAGE (Excerpts from Town of Okotoks Election Signage Administrative Guidelines A13-02) 1. Location: Election signs may be located: 1.1 On private property, as per the following sections of the Land Use Bylaw: “s.10.3.1 The following signs do not require a development permit, but shall otherwise comply with this Bylaw: (a) one (1) temporary sign in any commercial, industrial or agricultural district, as well as the Mixed Use Medium Density (MUM), Mixed Use Low Density (MUL), or Mixed Gateway Village (MGV) districts which does not exceed 3m2 in area, and any sign in a residential district, the Heritage Mixed Use (HMU) and Public Service (PS) Districts that does not exceed 0.6m2 and is intended for: s.10.3.1(iii) identifying a political campaign. Such a sign may be displayed for thirty (30) days prior to an election or referendum and must be removed within seven (7) days following the election or referendum,” 1.2 On public lands in designated sign corrals only. Sign corrals are located on Northridge Drive, Southridge Drive, and 32nd Street as per Appendix A. 2. Style of Signage: Each sign must identify a political campaign. The following types of signs will not be allowed: 2.1 Any sign that is considered permanent; 2.2 Any sign that requires installation other than by manual means; 2.3 Any sign that is illuminated by any means; 2.4 Any sign that has any moving or rotating part; 2.5 Any sign that bears a legend that in any way imitates a standard or commonly used highway traffic sign; 2.6 Any sign that is deemed by the CAO to be inappropriate or offensive. 3. Size and Quantity of Signage: 3.1 The maximum sign size is 3m2 when located in a sign corral or entirely inside the property lines of a commercial or industrial property (32 sq. feet, essentially the size of a 4’ x 8’ sheet of plywood). 3.2 The maximum sign height is 2m including supports. 3.3 As per Appendix B, a candidate may choose to have any combination of number and size of signs, so long as the total does not exceed 3m2 (32 sq. feet) per sign corral. 3.4 When located entirely inside the property lines of a residential, heritage mixed use or public service district, the maximum sign size is 0.6m 2 (6.5 square feet). 3.5 Signs may be double sided and the second side will not be considered in the overall determination of square footage. 33
4. Placement: 4.1 Sign Corrals a) The Town of Okotoks will have the underground utilities marked by Alberta One Call prior to the erection of the sign corrals. To avoid damage to underground utilities, the location of buried utilities must be strictly observed when securing signage and no ground penetration shall occur within 1m of all flag/painted markings. Fines for the disturbance of markings or damage to underground utilities may apply. Damage to underground utilities by sign installation will be the responsibility of the sign owner/installer. b) Any sign placed outside the sign corral boundaries will be removed, disposed of, and fines for littering may apply. 4.2 Private Lands a) Permission from a property owner (including commercial property owners) must be obtained prior to installation. b) Property owners are often unaware of where their property lines end, where utility lines are located, and how deep or shallow lines are installed. Therefore the Town of Okotoks strongly encourages underground utilities be marked by Alberta One Call prior to the erection of signage on private lands. Town Administration can assist candidates with regard to determining approximate locations of property lines, but not utility lines. However, determination of exact location of property lines is the responsibility of the candidate. 4.3 General a) Any persons working near a highway should wear reflective vests. b) Election signs should be installed during daylight hours. c) Vehicles used for transporting signage must be legally parked. d) Unauthorized vehicles are not permitted on public lands without a permit. 5. Duration of Placement: 5.1 In Sign Corrals a) For municipal elections, signs may be displayed in the sign corrals from Nomination Day until three (3) days following the election. b) For provincial and federal elections or referendums, signs may be displayed from the date of the election or referendum being called and must be removed within three (3) days following the election or referendum. 5.2 On Private Property a) When election signs are placed on private property, the signs must be removed within seven (7) days following the election as per s.10.3.1(iii) in the Land Use Bylaw. 6. Maintenance and Damage to Public Lands: 6.1 During the allowable sign placement period, the corrals are to be monitored by the candidates. 6.2 The Town will not perform standard maintenance of the sign corral (mowing grass and litter picking) during the permitted sign placement period. 6.3 Candidates are responsible for the following maintenance which may include but is not limited to: a) Litter collection; 34
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