2017 Rocky View County Municipal Election CANDIDATE INFORMATION PACKAGE

Transcription

1 2017 Rocky View County Municipal Election CANDIDATE INFORMATION PACKAGE RVC

2 2017 Rocky View County This package is provided as information only, and is intended to serve as a supplement to the Municipal Government Act, the Local Authorities Election Act, and Rocky View County bylaws. Some source material courtesy of the Government of Alberta and the City of Red Deer. Need more information? Visit Rocky View County 2017 Election Candidate Information Package Page ii

3 Table of Contents Introduction 1 Information Sources 2 Candidate Preparation Checklist 3 Important Dates 4 Roles and Responsibilities 5 Office of the Council 6 Office of the Reeve 7 The County Manager 7 Time Commitment / Workload 8 Organizational Meeting 8 Council Meetings 8 Policy and Priorities Committee 9 Committee Meetings 9 Remuneration and Benefits 9 Becoming a Candidate 10 Rocky View County Electoral Divisions 11 Candidate Registration 12 Nomination Process 12 Withdrawing Nominations 16 Campaigning 17 Election Signs 18 Election Results 19 Election Expenses and Campaign Contributions 19 Legislation 20 Freedom of Information and Protection of Privacy Act 21 Local Authorities Election Act 22 Policies 33 Election Sign Bylaw C Electoral Boundaries Bylaw C Candidate Forms 48 Application for Registration of Notice of Intent to Become a Candidate for Municipal Office 49 Candidate Contact Information Form 50 Form 3: Nomination Paper and Candidate s Acceptance 51 Form 7A: Proof of Identification Candidate or Official Agent 53 Form 7B: Campaign Worker Proof of Identification 54 Form 10: Statement of Scrutineer or Official Agent 55 Form 21: Campaign Disclosure Statement and Financial Statement 56 Rocky View County 2017 Election Candidate Information Package Page iii

4 Rocky View County 2017 Election Candidate Information Package

5 2017 Rocky View County Municipal Election INTRODUCTION Rocky View County 2017 Election Candidate Information Package Page 1

6 This package is here to provide you with information you need to prepare for the upcoming 2017 election. It contains a general overview of the nomination process, how the election is run, what your duties as councillor would be, as well as the forms and documentation needed to file a nomination. While we have worked hard to make this a comprehensive package of information, it is not intended to replace legislation or official regulations. For more detail, consult Information Sources, below. We invite you to contact us at any time for more information. Election Office Rocky View County Municipal Building Telephone: Fax: elections@rockyview.ca Ave NE Calgary, Alberta T2E 6X6 Information Sources Rocky View County election information: Municipal election resources: Running for Municipal Office in Alberta, A Candidates Guide Relevant provincial legislation: Local Authorities Election Act Municipal Government Act Rocky View County 2017 Election Candidate Information Package Page 2

7 Candidate Preparation Checklist Before beginning the process of becoming a candidate, you should: Learn as much as possible about the County and the division you are running in Understand Council s roles, authorities, accountabilities and responsibilities Ensure you are able to meet the time commitment and workload involved Ensure you qualify to be nominated as a candidate Complete the nomination package and submit on Nomination Day Application for Registration of Notice of Intent to Become a Candidate for Municipal Office Candidate Contact Information Enumerator, Candidate or Official Agent, Proof of Identification for Section 52 Access (Form 7A) Campaign Worker Proof of Identification (Form 7B) Statement of Scrutineer or Official Agent (Form 10) Nomination Paper and Candidate s Acceptance (Form 3) Ensure you have included the $100 deposit with your completed nomination package Be familiar with signage and campaign rules Be familiar with the requirements for reporting election-related contributions and expenses Rocky View County 2017 Election Candidate Information Package Page 3

8 Important Dates Nomination Day Candidate Information Session Scrutineer Information Session Election Day File Campaign Disclosure Statement and Financial Statement (Form 21) Monday, September 18, 2017 Nomination papers to be filed between 10:00 a.m. and 12:00 noon Rocky View County Municipal Building Wednesday, September 20, :00 p.m. 6:00 p.m. Rocky View County Municipal Building Friday, September 29, :30 p.m. to 3:30 p.m. Rocky View County Municipal Building Monday, October 16, :00 a.m. 8:00 p.m. Before March 1, 2018 If Elected Council Orientation Organizational Meeting October 20, 25, 26, 27, 2017 Rocky View County Municipal Building Tuesday, October 24, :00 a.m. Rocky View County Municipal Building Advance Vote and Incapacitated / Housebound Vote: Alternate voting arrangements will be made available. For details, visit the Rocky View County website. Candidate Information Session: A Candidate Information Session will be held on September 20, 2017 from 5:00 p.m. to 6:00 p.m. at the Rocky View County Municipal Building. The Returning Officer will be providing valuable information and fielding candidate questions about the election process. Council Orientation: In order for the new Council to become fully acquainted with the scope of the County, three days are set aside for orientation. This orientation is mandatory as it will assist you in decision making, provide an overview of meeting procedures, and attendance requirements. The 2017 Council orientation session is scheduled to be held at the Rocky View County Municipal Building. Rocky View County 2017 Election Candidate Information Package Page 4

9 2017 Rocky View County Municipal Election ROLES AND RESPONSIBILITIES Rocky View County 2017 Election Candidate Information Package Page 5

10 Office of the Council The Council is the governing body of the municipal corporation and the custodian of its powers, both legislative and administrative. The Municipal Government Act provides that councils can only exercise the powers of the municipal corporation in the proper form, either by bylaw or resolution. A councillor s job is to work with other council members to set the overall direction of the municipality through their role as a policy maker. The policies that Council sets are the guidelines for Administration to follow as it does the job of running the municipality. A councillor will spend a lot of time creating new policies and programs or reviewing the current ones to make sure they are working as they should. A councillor is elected to look after the interests of the entire municipality. A councillor who is in a municipality such as Rocky View that has electoral divisions must be careful not to place the interest of their electoral division above the interest of the whole municipality. A councillor must base any decision on what is best for the entire municipality. Council s effectiveness depends on councillors providing input on their Electoral Divisions while thinking and voting for the whole municipality. Councillors also have to make certain that they do not put themselves in a conflict of interest situation and must ensure that decisions made do not benefit them personally, their immediate family, or their friends. Excerpts from the Municipal Government Act 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; (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 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; (f) to perform any other duty or function imposed on councillors by this or any other enactment or by the council. 201 (1) A council is responsible for (a) developing and evaluating the policies and programs of the municipality; (b) making sure that the powers, duties and functions of the municipality are appropriately carried out; (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. Rocky View County 2017 Election Candidate Information Package Page 6

11 Office of the Reeve The Chief Elected Official (CEO) of Rocky View County is the Reeve. The Reeve, in addition to performing a councillor s duties chairs each council meeting. The Reeve must also perform any other duty imposed under the Municipal Government Act or any other enactment. In practice, the Reeve is also the main spokesperson for the municipality, unless that duty is delegated to another councillor. The Council of Rocky View County appoints the Reeve from among the councillors annually at the Organizational Meeting. A Deputy Reeve will assume this role if the Reeve is not available. The Deputy Reeve is also appointed by Council from its members. As per Section 154 of the Municipal Government Act, the Reeve has the following duties: (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. The County Manager Bylaw C established the position of County Manager. The County Manager is the administrative head of Rocky View County and is a non-elected official. Like most municipalities, the County Manager serves as Council s sole employee. All staff report to the County Manager and Council provides direction back through the County Manager. The County Manager s responsibilities include ensuring that the County s policies and programs are implemented, advising and informing Council on the operation of the county, performing other duties assigned by Council, and ensuring appropriate staffing is in place. Staying out of the day-to-day operation of the municipality allows councillors to concentrate on policy-making and program monitoring. Councillors should work with the County Manager to keep informed on what the Municipality is doing, and will depend on the administration to provide information so that they can make sound decisions. Rocky View County 2017 Election Candidate Information Package Page 7

12 Time Commitment / Workload The Municipal Government Act 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 in performing their duties. Alberta councillors are elected for a term of four years. The County has nine elected councillors. One councillor is elected from each of the nine electoral divisions. A survey of current Rocky View County Council indicated councillors spend, on average, 35 to 37 hours per week on their council duties. The Reeve and Deputy Reeve positions require the highest time commitment. Being a Rocky View County councillor involves: attendance at board and committee meetings; answering s, letters and telephone calls from residents; attending public events such as grand openings, public meetings and parades; and investing time in in-service training opportunities and workshops. The position of councillor is not a typical job. Council meetings are regularly scheduled as are budget meetings; however, on any given day the meetings can be in session until later in the afternoon or evening. Organizational Meeting The first meeting of the newly elected council is an organizational meeting. During this annual session, council elects the Reeve and Deputy Reeve and councillors are appointed to various boards and committees associated with the business of Rocky View County. Councillors also set meeting times and dates for the coming year. The organizational meeting for 2017 is scheduled for October 24, Council Meetings Council meetings are generally held on Tuesdays at 9:00 a.m. In preparation for the meeting, an agenda package ranging from 100 to 400 pages (including supporting materials) is delivered to Council members on the Tuesday prior to the meeting, allowing time to read and review the issues. In addition to the regularly scheduled meetings, there are budget meetings held in December and January of each year. Rocky View County 2017 Election Candidate Information Package Page 8

13 Policy and Priorities Committee All councillors sit on the Policy and Priorities Committee. Meetings are generally held on the first Tuesday of each month at 9:00 a.m. Committee Meetings Council members are each expected to sit on four or five Council or issue-based Committees. Most of the meetings are monthly. Remuneration and Benefits Position Total Annual Remuneration of Councillors* Base Salary Travel and General Expenses Allowance (Non-Taxable) Total Package Reeve $60, $29, $90, Deputy Reeve $48, $23, $72, Councillor $44, $22, $67, Life Insurance Taxable Benefit Accidental Death and Dismemberment Extended Health Care Dental Benefits Package* Benefit Coverage Monthly Cost to Councillor 3 x annual remuneration Rate: / $1000 coverage 3 x annual remuneration Rate: 0.058/ $1000 coverage Full coverage 100% reimbursement for prescription drugs, ambulance etc. Single Family Nil Nil Nil $42.03 $92.46 *Reviewed annually Rocky View County 2017 Election Candidate Information Package Page 9

14 2017 Rocky View County Municipal Election BECOMING A CANDIDATE Rocky View County 2017 Election Candidate Information Package Page 10

15 In order to become a candidate in the Rocky View County Municipal Election, you must qualify under the Local Authorities Election Act (LAEA). A person may be nominated as a candidate in any election if on nomination day, the person is eligible to vote in that election, is a resident of the division they are running in, and meets the other requirements listed in Section 21 of the LAEA. Please review Sections 21 and 22 for more information and to find out if you qualify. Rocky View County Electoral Divisions A detailed county map, including exact division boundaries can be found in the County Services section of the Rocky View County website Rocky View County 2017 Election Candidate Information Package Page 11

16 Candidate Registration Potential municipal candidates are required to register with the municipality before they accept any campaign contributions. To declare your intent, complete an application for Registration of Notice of Intent to become a Candidate for Municipal Office and submit it to the Returning Officer. A copy is included in this package or can be found in the Elections section of the Rocky View County website. The County will be maintaining a public registry of individuals who have declared their intent to run in the election. Nomination Process All candidates must file their nomination form with the Returning Officer along with the accompanying deposit on September 18, 2017 between the hours of 10:00 a.m. and 12:00 p.m. Faxed and/or ed copies of nomination forms are not accepted. After 12:00 p.m. on Nomination Day, during regular business hours and in the presence of the Returning Officer, any person eligible to vote in the Municipal Election may ask to examine the filed nomination papers. Nominations include the following components: Candidate Contact Information Enumerator, Candidate or Official Agent, Proof of Identification for Section 52 Access (Form 7A) Campaign Worker Proof of Identification (Form 7B) Statement of Scrutineer or Official Agent (Form 10) Nomination Paper and Candidate s Acceptance (Form 3) NOTE: the way that your name appears on the form is how it will appear on the ballot The nomination form must be signed by a minimum of five qualified electors. However, in order to ensure validity of the nomination, a candidate should submit more than the required five electors information. Additional elector information and signatures may be placed on the back of the official nomination form. Deposit: Bylaw of Rocky View County specifies that a deposit of $ in cash, certified cheque, money order or cash order payable to Rocky View County must accompany every nomination paper presented to the Returning Officer on Nomination Day. Qualification of Electors who Sign Nomination Papers Excerpts from the Local Authorities Election Act 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 6 consecutive months immediately preceding election day and the person s place of residence is located in the area on election day. Rocky View County 2017 Election Candidate Information Package Page 12

17 Qualification of Candidates Excerpts from the Local Authorities Election Act 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 and the ward, if any, for the 6 consecutive months immediately preceding nomination day, and (c) is not otherwise ineligible or disqualified. (2) Notwithstanding subsection (1), in the case of a city, a candidate for councillor is not required to be a resident of the ward in either a general election or a by-election, but must be a resident of the city. (3) Notwithstanding subsection (1), a candidate for trustee of a board of a school district that is wholly or partly within the boundaries of a city is not required to be a resident of the ward in either a general election or a by-election, but must be a resident of the school district. (4) If the boundaries of a local jurisdiction are altered by the addition of land, a person who has been a resident of the added land for at least the 6 months immediately preceding nomination day is deemed, for the purposes of this Act, to have been a resident, during that time, of the local jurisdiction to which the land was added. Ineligibility Excerpts from the Local Authorities Election Act 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) the person is an employee of the local jurisdiction for which the election is to be held unless the person takes a leave of absence under this section; (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 or the Canada Elections Act (Canada). Rocky View County 2017 Election Candidate Information Package Page 13

18 (1.1) A person is not eligible to be nominated as a candidate for election as a trustee of a school board if on nomination day the person is employed by (a) a school district or division, (b) a charter school, or (c) a private school, in Alberta unless the person takes a leave of absence under this section. (1.2) A person is not eligible to be nominated as a candidate for election as a councillor if (a) the secretary transmitted a report to council under section 147.8(1) in respect of the person, (b) the Court did not dispense with, or extend the time for, compliance with section by an order under section 147.8(3), and (c) subject to subsection (1)(d.1), nomination day for the election occurs within (i) the 8-year period following the day on which the secretary transmitted the report to council, or (ii) where the disclosure statement required by section has been filed with the municipality, the 3-year period following the day of filing, whichever period expires first. (1.3) Subsection (1.2) applies where a report has been transmitted under section 147.8(1) respecting a campaign period beginning on or after January 1, (4) Subsection (1) does not apply to a person by reason only (a) that the person is a shareholder in a corporation having a contract or dealings with the local jurisdiction or elected authority for which the election is being held, (i) unless the person holds or there is held by the person and the person s spouse or adult interdependent partner, parents, children, brothers and sisters more than 25% of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the building or construction of a public work of the local jurisdiction; (b) that the person has a contract with the local jurisdiction for the supplying to the person, the person s spouse or adult interdependent partner or child of a service, utility or commodity that the local jurisdiction has statutory authority to supply; (c) that the person holds an interest in a publication (i) in which official advertisements of the local jurisdiction appear, or (ii) that is supplied to the local jurisdiction at the usual rates; (d) that the person sells or leases to the local jurisdiction land or interest in land that the local jurisdiction has authority to expropriate; Rocky View County 2017 Election Candidate Information Package Page 14

19 (e) that the person supplies goods, merchandise or services to the local jurisdiction or to persons contracting with the local jurisdiction if they are supplied at competitive prices and in the ordinary course of the person s business or profession; (f) that the person renders (i) services to indigents who are residents of the local jurisdiction and for which the local jurisdiction is or may become liable to pay, or (ii) services for which the local jurisdiction has provided a subsidy; (g) that the person is appointed to a position under the Emergency Management Act; (h) that the person has rendered professional services as a lawyer to the local jurisdiction, if the fees for the services have been reviewed or assessed under the Alberta Rules of Court; (i) that the person has received a gratuity or allowance for services on a committee or board appointed by or responsible to the local jurisdiction; (j) that the person is a member of an association under the Rural Utilities Act or is a member of a cooperative under the Cooperatives Act; (k) that the person is a vendor, purchaser, assignor or assignee of land bought or sold under the Agriculture Financial Services Act; (l) that the person is a party to a contract for the purchase or lease of real or personal property from the local jurisdiction entered into before nomination day; (m) that the person is a volunteer chief, officer or member of a fire, ambulance or emergency measures organization established by a local jurisdiction or that the person is a volunteer for another purpose who performs duties under the direction of the local jurisdiction. (5) An employee of a municipality who wishes to be nominated as a candidate in an election to be held for that municipality may notify his or her employer on or after July 1 in the year of a general election or on or after the day the council passes a resolution to hold a by-election but before the employee s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section. (5.1) An employee referred to in subsection (1.1) who wishes to be nominated as a candidate for election as a trustee of a school board may notify his or her employer on or after July 1 in the year of an election but before the employee s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section. (6) Notwithstanding any bylaw, resolution or agreement of a local jurisdiction, every employee who notifies his or her employer under subsection (5) or (5.1) is entitled to a leave of absence without pay. (7) An employee who takes a leave of absence under this section is subject to the same conditions that apply to taking a leave of absence without pay for any other purpose. (8) If an employee who takes a leave of absence under this section is not elected, the employee may return to work, in the position the employee had before the leave commenced, on the 5th day after election day or, if the 5th day is not a working day, on the first working day after the 5th day. Rocky View County 2017 Election Candidate Information Package Page 15

20 (9) If an employee who takes a leave of absence under this section is declared elected, the employee is deemed to have resigned that position as an employee the day the employee takes the official oath of office as an elected official. (10) If an employee who takes a leave of absence under this section is declared elected but, after a recount under Part 4, is declared not to be elected, the employee may return to work on the first working day after the declaration is made, and subsections (7) and (8) apply. (11) Subject to subsection (12), an employee who takes a leave of absence under this section and is declared elected continues to be deemed to have resigned that position as an employee if the employee subsequently forfeits the elected office or if the employee s election is adjudged invalid. (12) If, through no act or omission of the employee, an employee forfeits the elected office or the employee s election is adjudged invalid, the employee may return to work on the first working day after the office is forfeited or the election is adjudged invalid, and subsections (7) and (8) apply. Ineligibility for nomination Excerpts from the Local Authorities Election Act 23(1) A person is not eligible to be nominated for more than one office of the same elected authority. (2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority (a) unless the member s term of office is expiring, or (b) if the member s term of office is not expiring, unless the member has resigned that office effective 18 days or more before nomination day. Withdrawing Nominations Candidates may withdraw at any time within 24 hours after the close of the nomination period. Candidates may file a withdrawal with the Returning Officer in writing between Monday, September 18, 2017 at noon and Tuesday, September 19, 2017 at noon. If only one candidate remains for the division, they may not withdraw. Their name must remain on the ballot, and if they choose, they may resign following the election. Rocky View County 2017 Election Candidate Information Package Page 16

21 2017 Rocky View County Municipal Election CAMPAIGNING Rocky View County 2017 Election Candidate Information Package Page 17

22 Campaigning The purpose of campaigning is to convince voters that you are the best candidate for the job. Campaign strategies can include door-knocking, putting up campaign signs, and using social media. Election Signs There are a variety of offence provisions included in the Local Authorities Election Act related to campaigning such as the prohibition of canvassing and distributing campaign materials in or around voting stations on Election Day. In addition to the LAEA offence provisions, Rocky View County has rules around how signs should be displayed. A full copy of Rocky View County s Election Sign Bylaw C is included in the References section at the back of this package. It is important that you review and abide by election sign rules. Election signs must: be taken down within 72 hours after Election Day; be no larger than 1.2 metres square; be at least 30 metres from another election sign of the same candidate or the same position; be 30 metres from an approved portable sign; and be at least 10 metres from an approved permanent sign. Alberta Transportation regulates the posting of election signs on Alberta highways Election signs must not: be posted earlier than 30 days prior to an election; be located at any traffic control device or where it may obscure or distract from, or may be confused with a traffic control device; be placed on roadway structures, including bridges, guardrails, retaining walls or concrete barriers; interfere with the movement of pedestrians, or the sightlines of pedestrians and vehicles; be located with 90 metres of an intersection with a signal, 15 metres of an intersection without a signal or within 2 metres of a curb and/or edge of roadway; be located on a roadway (including paved shoulders), centre median, traffic island, or traffic circle; be lit, flashing, animated or electric-powered; inflatable; permanently fixed; or supported by string, rope, or wire; or be posted at the voting station on Election Day. Rocky View County 2017 Election Candidate Information Package Page 18

23 Election Results Unofficial election results will be communicated as soon as possible by Rocky View County on the evening of October 16th, 2017 or as soon as possible thereafter. The Returning Officer will contact all participating candidates regarding Official Results on October 17, 2017 and the results will be posted on the County website on October 17, Election Expenses and Campaign Contributions Candidate financial obligations are set out in Section 147 of the Local Authorities Election Act. Review the Act for complete information; however the following salient points are listed for reference: A potential candidate will not be eligible if they have not met the campaign reporting requirements from a previous election. Candidates are required to clear any campaign deficit incurred in the in the previous election. You will need to track and record expenses and campaign contributions. Open a campaign bank account after the total amount of non-personal contributions exceeds $5,000 in total, or the total amount of personal and non-personal contributions exceeds $5,000. A candidate must declare campaign contributions funded from any person, corporation, trade union, or employee organization. Campaign contributions to a candidate shall not exceed $5,000 in any campaign period. If your campaign is self-funded and you have not spent more than $10,000, you are not required to report your contributions and expenses. Declare contributions by completing a Campaign Disclosure Statement and Financial Statement (Form 21). Statements must be filed with the Returning Officer within 120 days of the election date (before February 14, 2018). Forms will be available from the Returning Officer on Nomination Day and are also included in this package Rocky View County 2017 Election Candidate Information Package Page 19

24 2017 Rocky View County Municipal Election LEGISLATION Rocky View County 2017 Election Candidate Information Package Page 20

25 Freedom of Information and Protection of Privacy Act The Freedom of Information and Protection of Privacy Act (FOIP) was first introduced in Alberta in The Act applies to all public bodies, which are directed by government legislation. The Act took effect for school jurisdictions, effective September 1, 1998 and for Municipalities on October 1, The Act addresses two main areas. First of all, it establishes regulations relating to access of information held by a public body. Secondly, the Act sets out regulations relating to the collection, use, protection and disclosure of personal information. The five principles of the Act are as follows: To allow a right of access to any person to the records in the custody or control of a public body subject only to limited and specific exceptions. To control the manner in which a public body may collect personal information and to control the use the public body may make of the information; and to control the disclosure by a public body of that information. To allow individuals, subject to limited and specific exceptions, the right to have access to information about themselves which is held by the public body. To allow individuals the right to request corrections to information about themselves held by a public body. To provide an independent review of decisions made by a public body under the legislation. For more information regarding FOIP and how it relates to you, contact: Public Information Officer Telephone: foip@rockyview.ca Rocky View County 2017 Election Candidate Information Package Page 21

26 Local Authorities Election Act For reference, relevant excerpts of the Local Authorities Election Act have been included in this package. For complete information and context, always refer to the complete legislation. Extracts from the revised statutes of Alberta 2000 Chapter L-21. Official copies may be obtained from Contents Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 34 Section 35 Section 47 Section 48 Section 67 Section 68.1 Section 69 Section 71 Section 151 Qualification of Candidates Ineligibility Ineligibility for Nomination Re-Election Nomination Day Notice of Nomination Day Form of Nomination Nominations Deposit Disposition of Deposit Insufficient Nominations Withdrawal of Nomination Election by Acclamation Notice of Election Eligibility to Vote Rules of Residence Persons at Voting Stations Official Agent Candidate s Scrutineer Proof of Appointment Offence Rocky View County 2017 Election Candidate Information Package Page 22

27 Qualification of candidates 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 and the ward, if any, for the 6 consecutive months immediately preceding nomination day, and (c) is not otherwise ineligible or disqualified. (2) Notwithstanding subsection (1), in the case of a city, a candidate for councillor is not required to be a resident of the ward in either a general election or a by-election, but must be a resident of the city. (3) Notwithstanding subsection (1), a candidate for trustee of a board of a school district that is wholly or partly within the boundaries of a city is not required to be a resident of the ward in either a general election or a by-election, but must be a resident of the school district. (4) If the boundaries of a local jurisdiction are altered by the addition of land, a person who has been a resident of the added land for at least the 6 months immediately preceding nomination day is deemed, for the purposes of this Act, to have been a resident, during that time, of the local jurisdiction to which the land was added. Ineligibility 1983 cl-27.5 s21;1985 c38 s6;1988 cs-3.1 s247;1990 c36 s52; 1991 c23 s2(10) 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) the person is an employee of the local jurisdiction for which the election is to be held unless the person takes a leave of absence under this section; (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 or the Canada Elections Act (Canada). (e),(f) repealed 2006 c22 s13. (1.1) A person is not eligible to be nominated as a candidate for election as a trustee of a school board if on nomination day the person is employed by (a) a school district or division, (b) a charter school, or (c) a private school in Alberta unless the person takes a leave of absence under this section. (1.2) A person is not eligible to be nominated as a candidate for election as a councillor if (a) the secretary transmitted a report to council under section 147.8(1) in respect of the person, (b) the Court did not dispense with, or extend the time for, compliance with Rocky View County 2017 Election Candidate Information Package Page 23

28 section by an order under section 147.8(3), and (c) subject to subsection (1)(d.1), nomination day for the election occurs within (i) the 8-year period following the day on which the secretary transmitted the report to council, or (ii) where the disclosure statement required by section has been filed with the municipality, the 3-year period following the day of filing, whichever period ends first. (1.3) Subsection (1.2) applies where a report has been transmitted under section 147.8(1) respecting a campaign period beginning on or after January 1, (2) Repealed 2006 c22 s13. (3) Subsection (1)(b) to (d) do not apply to a candidate for election as a trustee of a school board. (4) Subsection (1) does not apply to a person by reason only (a) that the person is a shareholder in a corporation having a contract or dealings with the local jurisdiction or elected authority for which the election is being held, (i) unless the person holds or there is held by the person and the person s spouse or adult interdependent partner, parents, children, brothers and sisters more than 25% of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the building or (iii) unless the contract or dealings are for the building or construction of a public work of the local jurisdiction; (b) that the person has a contract with the local jurisdiction for the supplying to the person, the person s spouse or adult interdependent partner or child of a service, utility or commodity that the local jurisdiction has statutory authority to supply; (c) that the person holds an interest in a publication (i) in which official advertisements of the local jurisdiction appear, or (ii) that is supplied to the local jurisdiction at the usual rates; (d) that the person sells or leases to the local jurisdiction land or interest in land that the local jurisdiction has authority to expropriate; (e) that the person supplies goods, merchandise or services to the local jurisdiction or to persons contracting with the local jurisdiction if they are supplied at competitive prices and in the ordinary course of the person s business or profession; (f) that the person renders (i) services to indigents who are residents of the local jurisdiction and for which the local jurisdiction is or may become liable to pay, or (ii) services for which the local jurisdiction has provided a subsidy; (g) that the person is appointed to a position under the Emergency Management Act; (h) that the person has rendered professional services as a lawyer to the local jurisdiction, if the fees for the services have been reviewed or assessed under the Alberta Rules of Court; (i) that the person has received a gratuity or allowance for services on a committee or board appointed by or responsible to the local jurisdiction; (j) that the person is a member of an association under the Rural Utilities Act or is a member of a cooperative under the Cooperatives Act; Rocky View County 2017 Election Candidate Information Package Page 24

29 (k) that the person is a vendor, purchaser, assignor or assignee of land bought or sold under the Agriculture Financial Services Act; (l) that the person is a party to a contract for the purchase or lease of real or personal property from the local jurisdiction entered into before nomination day; (m) that the person is a volunteer chief, officer or member of a fire, ambulance or emergency measures organization established by a local jurisdiction or that the person is a volunteer for another purpose who performs duties under the direction of the local jurisdiction. (5) An employee of a municipality who wishes to be nominated as a candidate in an election to be held for that municipality may notify his or her employer on or after July 1 in the year of a general election or on or after the day the council passes a resolution to hold a by-election but before the employee s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section. (5.1) An employee referred to in subsection (1.1) who wishes to be nominated as a candidate for election as a trustee of a school board may notify his or her employer on or after July 1 in the year of an election but before the employee s last working day prior to nomination day that the employee is taking a leave of absence without pay under this section. (6) Notwithstanding any bylaw, resolution or agreement of a local jurisdiction, every employee who notifies his or her employer under subsection (5) or (5.1) is entitled to a leave of absence without pay. (6.1) Repealed 2012 c5 s107. (7). An employee who takes a leave of absence under this section is subject to the same conditions that apply to taking a leave of absence without pay for any other purpose. (8) If an employee who takes a leave of absence under this section is not elected, the employee may return to work, in the position the employee had before the leave commenced, on the 5th day after election day or, if the 5th day is not a working day, on the first working day after the 5th day. (9) If an employee who takes a leave of absence under this section is declared elected, the employee is deemed to have resigned that position as an employee the day the employee takes the official oath of office as an elected official. (10) If an employee who takes a leave of absence under this section is declared elected but, after a recount under Part 4, is declared not to be elected, the employee may return to work on the first working day after the declaration is made, and subsections (7) and (8) apply. (11) Subject to subsection (12), an employee who takes a leave of absence under this section and is declared elected continues to be deemed to have resigned that position as an employee if the employee subsequently forfeits the elected office or if the employee s election is adjudged invalid. (12) If, through no act or omission of the employee, an employee forfeits the elected office or the employee s election is adjudged invalid, the employee may return to work on the first working day after the office is forfeited or the election is adjudged invalid, and subsections (7) and (8) apply. RSA 2000 cl-21 s22;2001 cc-28.1 s458;2001 c23 s1(11); 2002 ca-4.5 s52;2002 c23 s1;2006 c22 s13;2007 c12 s12; 2009 c53 s104;2010 c9 s1;2012 c5 s107 Rocky View County 2017 Election Candidate Information Package Page 25

30 Ineligibility for nomination 23(1) A person is not eligible to be nominated for more than one office of the same elected authority. (2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority (a) unless the member s term of office is expiring, or (b) if the member s term of office is not expiring, unless the member has resigned that office effective 18 days or more before nomination day. Re election 1983 cl 27.5 s23 24(1) A person who held office on a board of trustees under the School Act and (a) who resigned that office to avoid making restitution for money the person received that disqualified the person from holding that office pursuant to this or any other Act and has been ordered by a judge to make restitution, or (b) who was declared by a judge to be disqualified to hold that office pursuant to this or any other Act, is not eligible to become a member of that board of trustees until after 2 general elections have occurred after the date on which the person was ordered to make restitution or was declared to be disqualified. (2) Notwithstanding that a by-election or general election has been held between the time when the disqualification of the member or former member arose and the time when the order or declaration has been made by the judge, subsection (1) applies and, if the person was re-elected, the person is not eligible to remain a member of the board of trustees. (3) Notwithstanding subsections (1) and (2), a judge (a) who has made an order described in subsection (1)(a), or (b) who has declared a person to be disqualified may reduce the period of disqualification. (4) An appeal against the decision of a judge under this section lies to the Court of Appeal. Nomination day 1983 cl-27.5 s24;1994 cm-26.1 s642(42) 25 Nomination day shall be 4 weeks before election day. Notice of nomination day 1983 cl-27.5 s25 26(1) The returning officer shall give notice of nomination day in the prescribed form by publishing a notice at least once a week in each of the 2 weeks before nomination day in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before nomination day. (2) On complying with subsection (1), the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate. Form of nomination RSA 2000 cl-21 s26; 2003 c27 s9 27(1) Every nomination of a candidate shall be in the prescribed form and signed by at least 5 electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, and shall be accompanied with a written acceptance signed in the prescribed form by the person nominated, stating Rocky View County 2017 Election Candidate Information Package Page 26

31 (a) that the person is eligible to be elected to the office, (a.1) the name, address and telephone number of the person s official agent, and (b) that the person will accept the office if elected, and if required by bylaw, it must be accompanied with a deposit in the required amount. (2) Notwithstanding subsection (1), a city that is a local jurisdiction with a population of at least or a board of trustees under the School Act of a local jurisdiction with a population of at least may, by a bylaw passed prior to June 30 of a year in which a general election is to be held, specify the minimum number of electors required to sign the nomination of a candidate for an office, but that number must be at least 5 and not more than 100. (3) Notwithstanding subsection (1), if a system of wards is in effect, only an elector who is a resident of the ward for which a candidate for election is being nominated may sign the nomination of the candidate. (4) 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. Nominations RSA 2000 cl-21 s27; 2003 c27 s10; 2006 c22 s14 28 (1) The returning officer shall receive nominations at the local jurisdiction office between 10 a.m. and 12 noon on nomination day. (1.1) The person who is nominated as a candidate is responsible for ensuring that the nomination filed under subsection (1) meets the requirements of section 27. (2) Notwithstanding subsection (1), an elected authority may, by a bylaw passed prior to June 30 of a year in which an election is to be held, provide that the returning officer (a) may receive nominations earlier than 10 a.m., and (b) may establish locations, in addition to the local jurisdiction office, where a deputy may receive nominations. (3) Any person may file a nomination described in section 27 with the returning officer or deputy. (3.01) If a nomination is not signed by at least the minimum number of electors required to sign the nomination, the returning officer shall not accept it for filing. (3.1) Repealed 2006 c22 s15. (4) At any time after 12 noon on nomination day until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary. (5) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the papers relate has expired. (6) Twenty-four hours after the close of nominations on nomination day, the returning officer shall, as soon as practicable, forward a signed statement showing the name of each nominated candidate and any information about the candidate that the candidate has consented to being disclosed to the relevant Minister s Deputy Minister. RSA 2000 cl-21 s28;2003 c27 s11;2006 c22 s15;2012 c5 s108 Rocky View County 2017 Election Candidate Information Package Page 27

32 Deposit 29(1) An elected authority may, by bylaw passed not fewer than 30 days before nomination day, require that every nomination be accompanied with a deposit in the amount fixed in the bylaw. (2) An amount fixed in a bylaw under subsection (1) may not exceed (a) $1,000, in the case of a local jurisdiction with a population of more than 10,000, or (b) $100, in any other case. Disposition of deposit RSA 2000 cl 21 s29;2006 c22 s17 30(1)When a bylaw has been passed to provide for a deposit, the returning officer shall require the deposit to be provided in cash, by certified cheque or by money order. (2) The candidate s deposit shall be returned to the candidate (a) if the candidate is declared elected, (b) if the candidate obtains a number of votes at least equal to 1/2 of the total number of votes cast for the candidate elected to the office with the least number of votes, or (c) if the candidate withdraws as a candidate in accordance with section 32. (3) If a candidate dies before the closing of the voting stations on election day, the sum deposited by the candidate shall be returned to the candidate s estate. (4) If a candidate does not obtain the number of votes described in subsection (2)(b), the deposit shall be paid into the general revenue of the local jurisdiction for which the deposit requirement has been established. Insufficient nominations 31(1) If the number of persons nominated for any office is less than the number required to be elected, the time for receipt of nominations (a) shall stand adjourned to the next day at the same place at the hour of 10 a.m. and shall remain open until 12 noon for the purpose of receiving further nominations for the office, and (b) shall continue to remain open and be adjourned in the same manner from day to day until 12 noon of the day that the required number of nominations has been received or a period of 6 days, including nomination day but not including Saturday, Sunday and holidays, as defined in the Interpretation Act, has elapsed. (2) Notwithstanding subsection (1), if a bylaw under section 28(2)(a) is in force in the local jurisdiction, the time for receipt of nominations must comply with the bylaw. (3) Notwithstanding subsection (1)(b), in the case of a summer village the period of 6 days includes Saturday and Sunday. (4) If sufficient nominations to fill all vacancies are not received, the secretary shall immediately notify the relevant Minister, who may recommend a change in the status of the local jurisdiction or any other action the relevant Minister considers necessary cl-27.5 s31; 1997 c15 s10 RSA 2000 cl-21 s30; 2003 c27 s12 Rocky View County 2017 Election Candidate Information Package Page 28

33 Withdrawal of nomination 32(1) Subject to subsection (2), if more than the required number of candidates for any particular office are nominated, any person so nominated may, at any time within 24 hours after the close of the nomination period, withdraw as a candidate for the office for which the candidate was nominated by filing with the returning officer a withdrawal in writing. (2) If, after one or more candidates have withdrawn, the number of remaining candidates does not exceed the number of vacancies to be filled, the returning officer shall refuse to accept further withdrawals. Election by acclamation 1983 cl 27.5 s32 34(1) When at the close of nominations the number of persons nominated for any office is the same as the number required to be elected, the returning officer shall declare the persons nominated to be elected to the offices for which they were nominated. (2) Forthwith after having declared a person elected, the returning officer shall give to the secretary and the relevant Minister s Deputy Minister written notification signed by the returning officer of the names of the persons so elected and of the offices to which they were elected and the returning officer shall deliver the nomination papers and other material relating to the receipt of nominations to the secretary. (2.1) Repealed 2006 c22 s18. (3) At any time after 12 noon on nomination day until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary. (4) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the nomination papers relate has expired. RSA 2000 cl 21 s34;2003 c27 s13;2006 c22 s18 Notice of election 35(1) If more than the required number of persons for any office remain nominated 24 hours after the close of nominations, the returning officer shall declare that an election shall be held for filling that office. (2) If an election is required, the returning officer shall give notice of it in the prescribed form by publishing a notice at least once a week in each of the 2 weeks before election day in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before election day. (3) The notice of a vote on a bylaw or question shall set out the text or a reasonably complete summary of the bylaw or question. (4) On complying with subsection (2), the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate. Eligibility to vote RSA 2000 cl-21 s35; 2003 c27 s14 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 6 consecutive months immediately preceding election day and the person s place of residence is located in the area on election day. Rocky View County 2017 Election Candidate Information Package Page 29

34 (2) Subject to subsection (3) and sections 75, 77.1, 79, 81 and 83, an elector is eligible to vote only at the voting station for the voting subdivision in which the elector s place of residence is located on election day. (3) If a local authority establishes a voting station at a work site, the local authority may direct that those workers who are electors who wish to vote and who are required to work at the site during the hours for which the voting station is open shall vote at that voting station, notwithstanding that those workers do not reside in the voting subdivision in which that voting station is located. (4) In the case of the performance of any function or the exercise of any right under this Act, a person shall be a resident on the day on which that function is performed or that right is exercised in the area, ward or voting subdivision in respect of which that function is performed or that right is exercised and shall have been a resident of Alberta for the 6 consecutive months immediately preceding the day on which that function is performed or that right is exercised, unless otherwise required by this Act. RSA 2000 cl-21 s47; 2003 c27 s15; 2006 c22 s23 Rules of residence 48(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) iif 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: (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 district, school division or regional division or of a separate school district, school division or regional division under the School Act is deemed to be a resident of the public school district, school division or regional division or the separate school district, school division or regional division, as the case may be, under this Act. Rocky View County 2017 Election Candidate Information Package Page 30

35 (3) Notwithstanding subsection (2), a person who owns and lives in the person s residence and whose residence is assessable for public school purposes or for separate school purposes under the School Act is deemed to be a resident of the public school district, school division or regional division or the separate school district, school division or regional division, as the case may be, under this Act. RSA 2000 cl-21 s48; 2003 c27 s16; 2010 c9 s1 Persons at voting station 67(1) Except for the returning officer, deputy, constable, candidates, official agents or scrutineers authorized to attend at the voting station and the electors who are for the time being actually engaged in voting, no other person is entitled to be present, nor shall any other person be permitted to be present, in the voting station during the time appointed for voting. (2) Notwithstanding subsection (1), the presiding deputy at the voting station may authorize a person temporarily to observe the voting procedures from a location within the voting station designated by the presiding deputy. (3) The presiding deputy shall not designate a location under subsection (2) that would allow the observer to see how electors mark their ballots. (4) A person permitted to be present in the voting station pursuant to subsection (2) shall leave the voting station on the request of the presiding deputy. Official agent RSA 2000 cl-21 s67; 2006 c22 s31 68(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 2006 c22 s32; 2012 c5 s112 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 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. Rocky View County 2017 Election Candidate Information Package Page 31

36 (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. Proof of appointment 71 If a person is appointed as a scrutineer under section 70, the person shall (a) before being admitted as a scrutineer to the voting station during voting hours, or (b) before being permitted to attend at the voting station for the counting of votes, produce to the person in charge of the voting station the person s appointment as a scrutineer and take and subscribe to the statement under section 16 in the prescribed form. Offence RSA 2000 cl 21 s71;2003 c27 s23;2006 c22 s A candidate for elective office who signs a candidate s acceptance form that contains a false statement is guilty of an offence and liable to a fine of not more than $ cl 27.5 s151 RSA 2000 cl-21 s69; 2006 c22 s33; 2012 c5 s113 Rocky View County 2017 Election Candidate Information Package Page 32

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52 2017 Rocky View County Municipal Election CANDIDATE FORMS Rocky View County 2017 Election Candidate Information Package Page 48