Candidate information package - 2021 election - Leduc County
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Table of Contents Introduction .................................................................................................................................................. 4 Offices ..................................................................................................................................................... 4 About Leduc County ............................................................................................................................... 5 Location ............................................................................................................................................. 5 Population and demographics........................................................................................................... 5 Communities...................................................................................................................................... 5 Labour and employment ................................................................................................................... 6 Roads ................................................................................................................................................. 6 Electoral divisions .............................................................................................................................. 6 Mission, vision and values ...................................................................................................................... 6 Mission .............................................................................................................................................. 6 Vision ................................................................................................................................................. 6 Values and commitments .................................................................................................................. 6 County administration ............................................................................................................................ 7 Being a council member ............................................................................................................................... 8 Term of office ......................................................................................................................................... 8 Organizational meeting .......................................................................................................................... 8 Orientation ............................................................................................................................................. 8 Roles and responsibilities ....................................................................................................................... 9 Additional roles and responsibilities of mayor (chief elected official) ................................................. 10 Code of conduct ................................................................................................................................... 10 Time commitment ................................................................................................................................ 10 Meetings/appointments....................................................................................................................... 11 Internal appointments ..................................................................................................................... 11 External appointments .................................................................................................................... 11 Quasi-judicial appointments............................................................................................................ 13 Joint meetings and regional initiatives ............................................................................................ 13 Meeting procedures ............................................................................................................................. 13 Compensation ...................................................................................................................................... 13 Benefits................................................................................................................................................. 13 Expense reimbursement ...................................................................................................................... 14 Travel and accommodation ............................................................................................................. 14 Home internet service ..................................................................................................................... 14 Training ............................................................................................................................................ 14 Other expense reimbursement ....................................................................................................... 14 Office equipment.................................................................................................................................. 14 Offices .............................................................................................................................................. 14 Computers and cellular devices....................................................................................................... 14 Disqualification of councillors .............................................................................................................. 14 Seeking election .......................................................................................................................................... 16 Important dates .................................................................................................................................... 16 Page 2 of 30
Candidate eligibility .............................................................................................................................. 16 Candidate ineligibility ........................................................................................................................... 16 Nomination process ............................................................................................................................. 16 Nomination forms ........................................................................................................................... 17 Nomination deposit ......................................................................................................................... 17 Withdrawal of nomination .............................................................................................................. 17 Candidate’s representatives ................................................................................................................. 18 Official agent ................................................................................................................................... 18 Candidate’s scrutineer..................................................................................................................... 18 Person objected to .......................................................................................................................... 19 Advertising rules ................................................................................................................................... 19 Use of Leduc County logo ................................................................................................................ 19 Advertisement distribution ............................................................................................................. 19 Third-party advertising .................................................................................................................... 20 Signage............................................................................................................................................. 20 Candidate’s financial disclosure requirements .................................................................................... 21 Voter requirements .............................................................................................................................. 25 Rules of residence ........................................................................................................................... 25 Voter identification.......................................................................................................................... 26 Appendix A – Electoral divisions map ......................................................................................................... 28 Appendix B – Council meeting list .............................................................................................................. 29 Page 3 of 30
Introduction This information package is provided by Leduc County as a guide with no legislative sanction for potential candidates for the Oct. 18, 2021 general election. Selected excerpts from the Local Authorities Election Act and the Municipal Government Act are included in this information package for your convenience. Refer to specific legislation for all purposes of interpreting and applying the law. Copies of acts are available from the following: The Queen’s Printer 10611 98 Ave. Edmonton, AB | T5K 2P7 Telephone: 780-427-4952 | Email: qp@gov.ab.ca | qp.alberta.ca Additional information on municipal elections – including municipal election information and forms, frequently asked questions, information guides and procedure manuals – is available from the following: Alberta Municipal Affairs 18th Floor Commerce Place 10155 102 St. Edmonton, AB | T5J 4L4 Telephone: 780-427-2732 or toll-free at 310-000 | municipalaffairs.alberta.ca/mc_elections For general information and updates about the upcoming election, visit leduc-county.com/election Offices This information package focuses on the election of Leduc County council. For more information, contact Joyce Gavan, returning officer, at 780-770-9259. The returning officer is responsible for conducting elections of Leduc County councilors as well as school trustees with each of the following school boards: Black Gold School Division, Elk Island Catholic Schools and St. Thomas Aquinas Roman Catholic Separate School Division. For school nomination forms and information on school elections, contact the following: Black Gold Regional Schools Elk Island Catholic Schools St. Thomas Aquinas Roman Catholic Chelsey Volkman, Secretary- Cindy Wang, Secretary- Separate School Division Treasurer Treasurer Edward Latka, Secretary-Treasurer 780-955-6049 780-449-6443 780-986-2500 chelsey.volkman@blackgold.ca cindy.wang@eics.ab.ca edward.latka@starcatholic.ab.ca Page 4 of 30
About Leduc County Leduc County is a vibrant community strategically located within major air, rail and road networks. We are home to 13,172 residents. Our key industries include agriculture, oil and gas, transportation and logistics, energy and advanced manufacturing. Location Leduc County spans 105 kilometres east-to-west and 32 kilometres north-to-south, and is located immediately south of the City of Edmonton. It is bordered by Parkland County and Brazeau County in the west, Wetaskiwin County in the south and Camrose County, Beaver County and Strathcona County in the east. The Edmonton International Airport, Nisku Business Park and Genesee Generating Station are all located within Leduc County. View more maps at leduc-county.com/maps Population and demographics Leduc County's current population is 13,172. According to the latest census by Statistics Canada, Leduc County has a population density of 5.3 people per square kilometres and saw a 2.1 per cent population change from 2011 to 2016. Communities Various hamlets, localities, summer villages and municipalities are located within Leduc County boundaries, as follows: Hamlets Localities Business park Summer villages* Municipalities* Buford Glen Park Nisku Industrial Sundance Beach City of Leduc Kavanagh Michigan Centre Itaska Beach City of Beaumont Looma St. Francis Golden Days Town of Calmar New Sarepta Town of Devon Rolly View Town of Thorsby Sunnybrook Village of Warburg Telfordville *Each summer village and municipality is governed by its own elected officials. Page 5 of 30
Labour and employment According to the latest census by Statistics Canada, Leduc County has a higher employment rate, at 67.9 per cent) than the provincial (65.4 per cent) and federal (60.2 per cent) rates. The unemployment rate is 7.6 per cent. Roads Leduc County is responsible for the maintenance of all area range roads and township roads as well as subdivisions and non-numbered area highways. We take care of 1,734 kilometres of gravel roads and 396 kilometres of paved roads. Electoral divisions Leduc County is divided into seven electoral divisions and on election day, residents in each division elect a councillor to serve a four-year term. The seven councillors elect a mayor (chief elected official) from amongst themselves at the annual organizational meeting held in October each year. See Appendix A for the electoral division map. Mission, vision and values Mission Leduc County is dedicated to serving its citizens and will create an enhanced quality of life through effective leadership, committed partnerships and open, transparent communication. Vision Leduc County is a leading member of the Edmonton Metropolitan Region. Leduc County offers an economic advantage, sustainable agricultural network, environmental leadership and an unsurpassed quality of life. Values and commitments Leduc County believes in: By being true to these core beliefs, council’s our citizens commitment is to: serving our communities working for our citizens making ethical decisions leading by example seeking fairness and equitability achieving positive results pursuing innovation maintaining balanced and responsive budgets Page 6 of 30
County administration Leduc County's administrative structure has a County Manager, Deputy County Manager and General Manager of Financial and Corporate Services, who oversee the following departments: Agricultural Services Assessment Services Corporate Services Enforcement Services Engineering Family and Community Support Services Finance Fire Services Parks and Recreation Planning and Development Road Operations Utilities Page 7 of 30
Being a council member Council members have the opportunity to significantly influence the future of Leduc County; this is an important and demanding job. Term of office Members of an elected authority elected at a general election will hold office for a term of four years, as per section 9(1) of the Local Authorities Election Act: A person elected under this Act, unless otherwise disqualified from remaining in office, holds office from the beginning of the organizational meeting of the elected authority following the general election to immediately before the beginning of the organizational meeting of the elected authority after the next general election. Organizational meeting A council must hold an organizational meeting annually not later than two weeks after the third Monday in October. The Leduc County organizational meeting is scheduled for Oct. 26, 2021, at 9 a.m. At this meeting, all councillors must take an oath of office, elect a mayor, select committee members and perform other relevant county business. Orientation A municipal orientation will be held Oct. 27 and 28, 2021. This will be the first opportunity for council to team build and review county operations. Orientation is held within 90 days after the organizational meeting of council. Each council member must participate in this orientation, in accordance with the Council Code of Conduct Bylaw. The orientation covers the following topics: role of Leduc County municipal organization and functions key municipal plans, policies and projects roles and responsibilities of council and councillors Council Code of Conduct Bylaw [Bylaw 21-18] roles and responsibilities of the county manager and staff budgeting and financial administration public participation any other topic prescribed by regulations Page 8 of 30
Roles and responsibilities Council members’ roles and responsibilities include: Identifying strategic priorities to guide actions and decisions during their term. Approving an annual +$84-million municipal operating budget and +$15-million capital budget. The operating budget covers day-to-day municipal operating expenses. The 2021 budget included $26.7 million collected on behalf of the Government of Alberta and the Leduc Regional Housing Foundation for school, designated industrial property and seniors' housing requisitions. The capital budget includes infrastructure costs for buildings, roads, bridges and equipment. Committing to holding office for a four-year term and participating and attending the following: regular and special council meetings council committee meetings meetings of other boards and agencies to which you are appointed as a council representative conferences, conventions, seminars and workshops for training and discussion other events promoting the municipality Managing your time to deal with telephone calls, visits from electors and attending community events. Working as a team with the rest of council and administration. Familiarizing yourself with legislation that will guide decision making, such as the following: Section 3 of the Municipal Government Act: The purposes of a municipality are: (a) to provide good government, (a.1) to foster the well-being of the environment, (b) to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality, (c) to develop and maintain safe and viable communities, and (d) to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services. Section 153 of the Municipal Government Act: 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; Page 9 of 30
(d) to obtain information about the operation or administration of the municipality from the chief administrative officer or a person designated by the chief administrative officer; (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 the 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. Section 201 of the Municipal Government Act: (1) A council is responsible for (a) developing and evaluating the policies and programs of the municipality; and (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 chief administrative officer or a designated officer. Additional roles and responsibilities of mayor (chief elected official) Section 154(1) of the Municipal Government Act: 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 councilor 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. Code of conduct Council members must adhere to the Council Code of Conduct Bylaw [Bylaw 21-18]. Time commitment Being an elected official is not a part-time or full-time job; it is all time! During the four-year term of office, there will be significant demands on your time. These demands include the following: Preparing for and attending council meetings, council committee meetings and meetings of other boards and agencies you may be appointed to as a council representative. To effectively participate in these meetings, you need to review meeting materials (agenda packages) in advance to become familiar with the issues that will be discussed. Attending conferences, conventions, seminars and workshops for training and discussion. Attending other events promoting Leduc County. Interacting with citizens 24/7. This includes situations like being approached by a resident with a concern, question or opinion while out buying groceries. Page 10 of 30
Meetings/appointments At the annual organizational meeting, council appointments to internal, external and quasi-judicial committees, boards, authorities and committees will be considered. Below is a list of the various meetings council members may be appointed to; see Appendix B for a list of upcoming meetings. Internal appointments Meeting name Participants Frequency Time Regular Council All council members Second and fourth Tuesday 1:30 to 4:30 p.m. per month Governance and Priorities All council members First Tuesday per month 10 a.m. to 3:30 p.m. Committee Council Workshop All council members Second and fourth Tuesday 10 a.m. to noon per month and, if required, the fourth Thursday per month Agricultural Service Board All council members Second Monday of each 10 a.m. to noon January, March, April, June, September, November and December Public Works Committee All council members Second Monday per month 1:30 to 4:30 p.m. Subdivision Authority Five council members Third Tuesday per month 1:30 to 3:30 p.m. Sponsorships and Grants Two council members ~Three-to-four per year 1 hour Committee Emergency Management All council members One per year 1:30 to 3:30 p.m. Advisory Committee Family and Community Support Two council members ~Six per year 5 to 7 p.m. Services Advisory Committee Leduc County Library Board Two council members Quarterly Evening in New Sarepta Municipal Policy Review Three council members Fourth Thursday per month 1:30 to 3:30 p.m. Committee Parks and Recreation Advisory Two council members ~Four per year 6:30 to 9 p.m. Committee Protective Services Committee Four council members Third Wednesday 1:30 to 3:30 p.m. ~Five per year Vehicle Axle Weight Three council members ~Four per year 1 hour Committee Warburg Fire District - Three council members One per month 7 to 9 p.m. Borderless Fire Services Model Update Committee External appointments Meeting name Participants Frequency Time Alberta Capital Region One council member Third Friday per month 9 a.m. to noon Wastewater Commission (ACRWC) Alternative Land Use Services One council member Four-to-five times per year 9 to 11 a.m. (ALUS) Partnership Advisory Committee (PAC) Page 11 of 30
Alliance of Pigeon Lake One council member One per month 6:30 to 8 p.m. Municipalities (APLM) Beaver Hills Biosphere / Beaver One council member One per month 1 to 3 p.m. Hills Initiative (BHI) Coordinating Committee Capital Region Southwest Two council members Third Thursday of every 5:30 to 7:30 p.m. Water Services Commission other month (six per year) (CRSWSC) Edmonton Global One council member One per month Edmonton International Two council members One per year Two hours Airport (EIA) Noise Advisory Committee Edmonton Metropolitan Region Board (EMRB) - Committee of the Whole Mayor Six per year Half day - Audit & Finance Committee Mayor One per month Half day - Metropolitan Region Servicing One council member Six per year Half day Plan (MRSP) Standing Committee - Regional Agriculture Master One council member Six per year Half day Plan (RAMP) Task Force Committee Edmonton Region Waste One council member One per month Advisory Committee Edmonton Regional Airports Mayor One per year Two hours Authority Edmonton Regional Airports Mayor As required Three hours Authority - Airport Accord Oversight Committee Intermunicipal Liaison Mayor and two council As required Two-to-three hours Committee members Intermunicipal Planning One council member As required Two-to-three hours Framework (IPF) Oversight Committee Leduc, Nisku and Wetaskiwin One council member Fourth Wednesday per 7 to 9 a.m. Region Chamber of Commerce month Leduc and District Regional One council member Third Wednesday per 5:30 to 7:30 p.m. Waste Management Authority month Leduc (City) Parks, Recreation One council member Third Thursday per month 5:30 to 7 p.m. and Culture Board Leduc Regional Housing Two council members Fourth Thursday per month 5:30 to 7:30 p.m. Foundation North Saskatchewan Two council members One per month Watershed Alliance Pembina River Association of All council members Four per year 9 a.m. to noon Municipal Districts (District 3) Pigeon Lake Watershed One council member Six-to-eight per year 6:30 to 9:30 p.m. Steering Committee Warburg Seed Cleaning Co-op One council member One per month 7 to 9 p.m. Ltd. Board of Directors Page 12 of 30
Quasi-judicial appointments Meeting name Participants Frequency Time Intermunicipal Subdivision and Maximum of one As required; 9 a.m. to noon Development Appeal Board council member per ~Eight-to-12 per year hearing (training required) Regional Assessment Review Maximum of one As required/one per year TBD Board council member per hearing (training required) Joint meetings and regional initiatives Leduc County participates in a variety of regional initiatives and works to ensure neighbouring municipalities share common economic and development goals. We are committed to working with our neighbours. Council members can expect to attend a number of meetings with surrounding municipalities throughout the year. These are typically held in the evening. Meeting procedures Council members must adhere to the Meeting Procedure Bylaw [Bylaw 4-21]. Compensation Council members are compensated an annual salary, as determined by council in the annual budget ($78,663 as of 2020). The mayor is compensated an additional 20 per cent of this amount and the deputy mayor is compensated an additional five per cent. Council members may receive compensation from their external appointments. These amounts go directly to the council member but must be accounted for in the annual financial statement. Benefits Council members receive the following benefits, paid by the county: extended health coverage dental coverage group life coverage accidental death and dismemberment coverage Employee and Family Assistance Program Employer portion of Canada Pension Plan (CPP) Registered Retirement Savings Plan (RRSP) contribution or retirement allowance of $2,500 Page 13 of 30
Expense reimbursement Council expenses – including travel, accommodation, home internet and more – are made publicly available each month. Travel and accommodation Leduc County reimburses council members for reasonable travel and accommodation costs incurred in the course of conducting county business. Mileage to certain common destinations is reimbursed in accordance with the current mileage rate. Council members must submit expense claims for reimbursement within 60 days of the expense(s) being incurred. Home internet service Leduc County reimburses council members for home internet service to a maximum of $60 per month upon the submission of an invoice. Training Council members may participate in the Elected Official Education Program – a jointly owned subsidiary of the Rural Municipalities of Alberta (RMA) and Alberta Urban Municipalities Association (AUMA) – or another educational program. Reimbursement is detailed in the Councillor Fees and Expenses policy. Other expense reimbursement Councillors will be reimbursed for other expenses such as communication devices and laptop computers in accordance with the current Councillor Fees and Expenses policy. Office equipment Offices Each council member will be assigned an office at Leduc County Centre. Council members will determine the seating arrangement in council chamber at the annual organizational meeting. Computers and cellular devices Leduc County provides the computers and cellular devices required by a council member to carry out business for the county. Leduc County assumes responsibility for all costs associated with the purchase and use of computers and cellular devices. Disqualification of councillors As per section 174 of the Municipal Government Act: (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; Page 14 of 30
(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 late filing period provided under 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 eight 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 five 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; (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; (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. Page 15 of 30
Seeking election If becoming a council member sounds like the job for you, the following information will help you seek election. Important dates Election day: Monday Oct. 18, 2021 from 10 a.m. to 8 p.m. Nomination day: Monday, Sept. 20, 2021 from 10 a.m. to noon Nominations are accepted from Jan. 1 to Sept. 20 at noon Advance voting: Thursday, Oct. 7 from 10 a.m. to 8 p.m. and Saturday, Oct. 9 from 10 a.m. to 6 p.m. Candidate eligibility You can become a candidate if the following apply to you: you are 18 years of age on nomination day you are a Canadian citizen you reside in the electoral division in which you intend to run for the six consecutive months immediately preceding nomination day Candidate ineligibility You are not eligible to become a candidate if any of the following apply to you: you are the auditor of the municipality you are an employee of the municipality, unless you have taken a leave of absence your current property taxes are more than $50 in arrears you are in default for any other debt to the municipality in excess of $500 for more than 90 days you have been convicted of any offense under the Local Authorities Election Act or the Canada Elections Act in the previous 10 years For specific eligibility and ineligibility descriptions for candidates, refer to sections 21 and 22 of the Local Authorities Election Act. Nomination process Candidate nominations are accepted from Jan. 1 to Sept. 20, 2021; candidates must file their nomination forms and the required $100 deposit by Sept. 20 at noon. Page 16 of 30
Candidates can call Leduc County’s returning officer, Joyce Gavan, at 780-770-9259 to arrange for a meeting to submit nomination forms. Candidates can also submit nomination forms on nomination day (Sept. 20, 2021) between 10 a.m. and noon at the following address: Leduc County Centre Room 241 1101 5 St. Nisku, AB Candidates are encouraged to deliver their nomination forms in person; however, anyone may file nomination papers on the candidate’s behalf. Nomination forms Candidates who seek nomination must complete the following forms (available at leduc- county.com/election): Form 4 - Nomination Paper and Candidate’s Acceptance Form 5 - Candidate Information Nomination forms must be signed by at least five voters eligible to vote in the election and who reside in the same electoral division as the candidate. To ensure validity of nomination forms, a candidate is encouraged to submit more than the required five elector’s signatures. As per section 27(1) of the Local Authorities Election Act: Every nomination of a candidate must: (a) be in the prescribed form, (b) be signed by at least 5 persons who are electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, (c) be accompanied with a written acceptance sworn or affirmed in the prescribed form by the person nominated, (d) if required by bylaw, be accompanied with a deposit in the required amount. The person nominated as a candidate is responsible for ensuring the nomination filed meets the requirements of the Local Authorities Election Act, under section 27. Nomination deposit Leduc County requires a deposit of $100 be submitted alongside nomination papers, as per the Nomination Deposit – Municipal Election Bylaw [Bylaw 3-21], and as allowed under section 29(2)(b) of the Local Authorities Election Act. Withdrawal of nomination As per section 32 of the Local Authorities Election Act: (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 Page 17 of 30
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. Candidate’s representatives Official agent As per section 68.1 of the Local Authorities Election Act: (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, the Election Finances and Contributions Disclosure 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 As per section 69 of the Local Authorities Election Act: (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 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 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. Page 18 of 30
(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) or 78. (6) When, in the provisions of the 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 as 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. Person objected to As per section 54 of the Local Authorities Election Act: (1) If a candidate or the candidate’s official agent or scrutineer objects to a person who makes a statement, a deputy shall note in the voting register the reason for the objection and the name of the candidate or official agent or scrutineer making the objection and shall initial the objection. (1.1) A candidate, official agent or scrutineer may only make an objection under subsection (1) at the time the person makes the statement under section 53(1)(b) or (2) or 78. (2) If a returning officer on reasonable and probable grounds believes that a person is not eligible to be an elector, the returning officer must note in the elector register the reason for the belief and initial it. Advertising rules The election advertising period runs from May 1 to Oct. 18, 2021. Use of Leduc County logo The Leduc County logo is not allowed to be used by candidates on any displays, such as advertisements, handbills, placards, posters, circulars, pamphlets, newspapers or other materials. Advertisement distribution As per section 152 of the Local Authorities Election Act: (1) Subject to subsection (2), a person who, at an advance vote or on election day, (a) displays within a building used for a voting station or within the boundaries of the land on which a building used for a voting station is located, or (b) distributes within a building used for a voting station or within the boundaries of the land on which the building used for a voting station is located, Page 19 of 30
an advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper except those posted by the deputy in accordance with this Act is guilty of an offence and liable to a fine of not more than $500. (2) When a voting station is located in a building containing a complex of interlocking offices, stores or other facilities, the prohibition in subsection (1) applies only to the store, office or facility comprising the area used as a voting station. Third-party advertising The Local Authorities Election Act was amended in 2018 to address third-party advertising in municipal elections. Recent changes to the act came into force on Sept. 1, 2020 and made further changes to third-party advertising. A summary of the recent changes can be found in the fact sheet from Alberta Municipal Affairs. Signage All election signage must be removed by midnight on Oct. 21 (three days after election day). After that period, all signs will be removed by Leduc County, and costs for removal and disposal will be charged back to the candidate(s) who own the signs. In accordance with Land Use Bylaw 7-08, you do not need a development permit for elections signs on privately-owned land [part 3.2.1(m)] and you need prior approval to place a sign on public lands [part 8.1.10]. You do not need a permit to install an election sign along a provincial highway, but must follow the below provincial guidelines: The maximum sign size permitted in a highway right-of-way (the existing highway limits) is 1.5 square metres (16 square feet). Signs must be placed no closer than two metres (6.5 feet) from the edge of pavement, or in the case of gravel roads, no closer than two metres (6.5 feet) from the shoulder of the road. No election signs are allowed within the median of a divided provincial highway. No election signs can be mounted on highway signs or sign posts. No election signs can be placed in or within 500 metres (1,640 feet) of construction zones. No election signs are allowed to obstruct a driver's view of an intersection in an urban area or within 250 metres (820 feet) of an intersection in a rural area. Election signs must be kept neat and clean in appearance, and the sign owner must remove damaged or vandalized signs immediately. The sign owner is liable for all damages, losses and expenses resulting from the installation and removal of any election signs installed or erected in breach of the Land Use Bylaw and/or provincial guidelines. Page 20 of 30
Candidate’s financial disclosure requirements You must be aware of the legislative requirements you must adhere to part 5.1 of the Local Authorities Election Act (LAEA). Campaign period The campaign period for the 2021 municipal election begins Jan. 1 and ends Dec. 31, 2021. Allowable election expenses A campaign expense means any expense incurred (including a non-monetary contribution received) by a candidate to the extent that the property or service is used to directly promote or oppose a candidate during a campaign period. The expense or non-monetary contribution includes: The production of advertising or promotional material. The distribution, broadcast or publication of advertising or promotional material in any media or by any other means during a campaign period, including by the use of a capital asset. The payment of remuneration and expenses to or on behalf of a person for the person’s services as a chief financial officer or in any other capacity. Securing a meeting place. The conduct of election surveys or other surveys or research during a campaign period. The production of a review engagement required by the LAEA. What is a contribution? A contribution means any money, personal property, real property or service that is provided to, or for, the benefit of a candidate’s election campaign without fair market value compensation from the candidate. This does not include a service provided by an individual who voluntarily performs the services and receives no compensation, directly or indirectly, in relation to the services or time spent providing the services. The value of a contribution, other than money, provided to a candidate is the fair market value of the contribution at the time it was provided. If a non-monetary contribution is provided for a price that is less than fair market value, the amount which the value exceeds the price is considered a contribution under LAEA, Part 5.1. Limitations on contributions Only a person ordinarily residing in Alberta can make contributions to candidates. No individual residing outside of Alberta or prohibited organization may make a contribution to a candidate. Prohibited organizations include corporations and unincorporated organizations, including trade unions and employee organizations. No individual residing in Alberta shall contribute in any campaign period an amount that exceeds $5,000 to any candidate for election as a councillor and $5,000 to any candidate for election as a school board trustee. Page 21 of 30
A candidate may contribute up to $10,000 of the candidate’s own funds that is not reimbursed to the candidate from the candidate’s campaign account. Any amount paid by a candidate for campaign expenses from the candidate’s own funds not reimbursed, is a contribution to the candidate’s own campaign. No candidate and no person acting on behalf of a candidate shall, directly or indirectly, solicit or accept a contribution if the candidate or person knows or ought to know that the prospective contributor is a prohibited organization or an individual residing outside Alberta. No candidate or person acting on behalf of a candidate shall solicit or accept a contribution if the candidate or person knows or ought to know that the amount of the contribution will exceed the amounts referred to above. Responsibility of contributors Before making a contribution, a prospective contributor is responsible for ensuring that they are not prohibited from making the contribution and are not making a contribution that is in excess of the limit prescribed by section 147.2(3). Every candidate and every person acting on behalf of a candidate shall make every reasonable effort to advise prospective contributors of this Part relating to contributions. A prohibited organization or a person acting on its behalf that contravenes this section is guilty of an offence and is liable to a fine of not more than $10,000. An individual who contravenes this section is guilty of an offence and is liable to a fine of not more than $5,000. Acceptance of contributions Contributions cannot be accepted and expenses cannot be incurred unless the person has been nominated as a candidate. A candidate cannot accept contributions except during a campaign period. The provisions above do not apply to a person who accepts no more than $5,000 in the aggregate per year in contributions outside the campaign period, or who contributes up to $10,000 in the aggregate per year to their own campaign from their own funds. A candidate who contravenes section 147.22(1) or (2) is guilty of an offence and is liable to a fine of not more than $1,000. Duties of a candidate A candidate must ensure that: A campaign account in the name of the candidate’s election campaign or of the candidate is open at a financial institution for the purposes of the election campaign at the time of nomination or as soon as possible after contributions exceed $1,000 in total. Page 22 of 30
If a campaign account has been opened, all contributions of money are deposited into the campaign account. Money in the account shall only be used for the payment of campaign expenses. Contributions of real property, personal property and services are valued. Receipts are issued for every contribution and obtained for every expense. Records are kept of contributions and campaign expenses and are retained by the candidate for a period of three years following the date on which disclosure statements were required to be filed. Proper direction is provided to the candidate’s official agent and any other person who is authorized to incur campaign expenses and to accept or solicit campaign contributions. A candidate who contravenes section 147.3 is guilty of an offence and liable to a fine of not more than $5,000. Receipts Every candidate or person acting on behalf of the candidate shall issue a receipt for every contribution accepted in a form acceptable to the local jurisdiction. At a minimum, receipts should include the date of the contribution, name and address of the contributor, and the amount contributed. Campaign disclosure statements Every candidate (including a candidate who withdraws) is required to file a disclosure statement (Form 26 – Campaign Disclosure Statement and Financial Statement – forms are available at Alberta.ca) with the municipality on or before March 1, 2022 (immediately following the general election). In the case of a by-election, the disclosure statement must be filed no later than 120 days after the date of the by-election. The disclosure statement must include the following: The total amount of all campaign contributions received during the campaign period that did not exceed $50 in the aggregate from any single contributor. The total amount contributed, together with, the contributor’s name and address, for each contributor whose contributions during the campaign period exceeded $50 in total. The total amount of contributions received outside of the campaign period (not exceeding contributions of $5,000 in total per year, or candidate contributions of $10,000 in the total per year). The total amount from fundraising functions. The total amount of other revenue. The total amount of campaign expenses. An itemized campaign expense report setting out the campaign expenses incurred by the candidate. The total amount of money paid by the candidate. The total amount of any surplus, including any surplus from previous campaigns. The amount of any deficit. Page 23 of 30
A candidate who incurs campaign expenses or receives contributions of $50,000 or more, shall file a review engagement with the disclosure statement. Review engagements are defined in the Chartered Professional Accountants Act. A candidate who withdraws must also file a disclosure statement. Within 30 days, a candidate must submit a supplementary statement in the prescribed form to the municipality if any of the information reported in the disclosure statement has changed or is inaccurate. The municipality must ensure all documents filed are available to the public during regular business hours for four years after the election. A candidate who fails to file the disclosure statement by April 1, 2022 (in the year following a general election) is guilty of an offence and liable to a fine of not more than $5,000. In the case of a by-election, the disclosure statement must be filed within 150 days after the by-election. Campaign surplus On or before March 1, 2022 (120 days in the case of a by-election), if the candidate’s disclosure statement shows a surplus, the candidate, within 60 days: (a) shall, with respect to any amount that is $1,000 or more, donate an amount to a registered charity that results in the surplus being less than $1,000, and (b) may, with respect to any amount that is less than $1,000, i) retain all or any portion of that amount, and ii) donate all or any portion that amount to a registered charity. A candidate who donates an amount to a registered charity must within 30 days after the 60-day period provided above, file an amended disclosure statement showing the surplus has been dealt with. This applies to a candidate whether or not they are elected. A candidate is guilty of an offence if they fail to submit the supplementary statement within 30 days and liable to a fine of not more than $5,000. Campaign deficit If a candidate’s disclosure statement shows a deficit, the candidate shall eliminate the deficit within 60 days after filing the disclosure statement with the municipality. For the purposes of eliminating a deficit, a candidate may accept contributions within the 60-day period. A candidate shall not accept a contribution that exceeds $5,000 from any individual and may make a contribution from the candidate’s own funds that does not exceed $10,000 for the purpose of eliminating a deficit. A candidate must, within 30 days after the expiration of the 60-day period, file an amended disclosure statement showing the deficit has been eliminated. Page 24 of 30
A candidate is guilty of an offence if they fail to submit the supplementary statement within 30 days and liable to a fine of not more than $5,000. Late filing A candidate who fails to file a campaign disclosure statement within the specified time period is required to pay a $500 late filing fee to the municipality. If the fee is not paid within 30 days, the municipality must send a notice to the candidate indicating the amount of the late filing fee to be paid. If a candidate fails to file a disclosure statement, the secretary shall transmit a report to council and upon receipt, the report must be made public. If a candidate files their disclosure statement no later than 10 days after the filing deadline, the candidate is not required to form part of the report proceeding to council. If a candidate, who is sent a notice by the municipality, fails to pay the late filing fee, the municipality may file a notice with the Court of Queen’s Bench. Voter requirements Rules of residence As per section 48 of the Local Authorities Election Act: (1) For the purposes of this Act, 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 resident in accordance with the following factors in the following order of priority: Page 25 of 30
(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. (2) A person who is a resident of a public school division or of a separate school division under the Education Act is deemed to be a resident of the public school division or that separate school division, as the case may be, under this Act. Voter identification Section 53 of the Local Authorities Election Act includes a requirement for a person to provide proof of identity and current residence in order to vote. Under section 53(3), Leduc County passed its Voter Identification Bylaw [Bylaw 5-13] which states a person who attends a voting station to vote in an election held pursuant to the Local Authorities Election Act – for which Leduc County is responsible to conduct, either as the elected authority or pursuant to an agreement with another elected authority – must produce, for inspection by a deputy returning officer of the voting station: one piece of valid government-issued identification containing the voter's photograph, current address and name; OR two pieces from the following list: Canadian military identification birth certificate Alberta Personal Health Card baptismal certificate Alberta identification card Social Insurance Number card certificate of Canadian citizenship Royal Canadian Mounted Police identification card Veteran's Affairs Canada identification card Old Age Security (OAS) card student identification card credit/debit card library card hospital/medical card fishing, trapping or hunting license marriage certificate firearms license possession - acquisition firearms - possession only license any other piece of identification acceptable to the deputy returning officer Page 26 of 30
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