• ATTRACTIONS
  & RECREATION
• BUSINESS &
  ECONOMY
• BYLAWS &
  LICENCES
• CITY GOVERNMENT
• ENVIRONMENTAL
• FOR RESIDENTS
• TRANSPORTATION

Campaign Expenses and Contributions

Disclosure Bylaw 15254:

1. requires councillors to file an annual disclosure statement with the municipality disclosing the names of people, corporations, or partnerships in which the councillor has an interest; and,
2. establishes protocols for receipt and re-payment of candidate’s campaign contributions and surpluses including any interest accrued thereon.

The Annual Disclosure Form for Members of Council is attached within the bylaw.

Campaign Financing and Disclosure Legislation

On April 22, 2010, the Province passed amendments to the Local Authorities Election Act, R.S.A. 2000, c. L-21 that affect municipal campaign financing and disclosure. School Board candidates are not subject to these rules.

The legislation contains provisions about “campaign contributions,” accounting obligations, surplus campaign fund requirements, rules about who cannot contribute to a campaign and campaign funding limits.

1. Campaign Contributions
2. Contributors
3. Contribution Limits
4. Accounting Responsibilities
5. Self Funded Campaigns

1. Campaign Contributions

Campaign contributions include money, personal property, real property, or services provided to a candidate at less than fair market value, with the exception of volunteer services provided to the campaign.

Local Authorities Election Act, s. 147.1(1)(a)

NOTE:
It does not include any individual’s voluntary service to the campaign.

Top

2. Contributors

You may accept campaign contributions, subject to the dollar limits set by law, from any Alberta resident or an eligible corporation, employee organization or union operating in Alberta.  Corporations, unions and employee organizations are defined in the legislation.

You may NOT accept contributions from:

• people who do not reside in Alberta
• “anonymous” contributors – all contributors must be identified and a receipt issued for the contribution
• a corporation that does not carry on business in Alberta
• a municipality
• a non-profit organization that received grants or property from this municipality after the last election
• a provincially owned or operated corporation as defined in the Financial Administration Act, R.S.A. 2000, c. F-12
• the management body of a housing authority
• a Métis settlement
• a school board
• a trade union which does not hold bargaining rights in Alberta
• an employee organization which is not resident in Alberta

Local Authorities Election Act, s. 147.2 and 147.1(1)

WARNING:

• Contributions accepted in contravention of these rules must be re-paid to the contributor.  If the contributor cannot be located, the value of the contribution must be immediately paid to the City of Edmonton, at the Office of the City Clerk. A letter explaining why the contribution is being sent to the City must accompany the contribution
• Candidates and non-corporate contributors who break these rules may be found guilty of an offence punishable by a fine of up to $5,000. If a corporation breaks these rules, it may be liable for a $10,000 fine

Local Authorities Election Act, s. 147.2(3),147.2(4) and 147.2(5)147.3(1)(i) and 147.3(j)
Disclosure Bylaw, Bylaw 15254, s. 18

Top

3. Contribution Limits

Any person, corporation, employee organization or union may donate up to $5,000 to your campaign per calendar year during the campaign period, but cannot make those contributions retroactively. You may contribute $10,000 to your own campaign during the entire campaign period. The campaign period for the 2010 municipal election runs from January 1, 2008 to December 31, 2010.

Candidates may contribute up to a maximum of $10,000 to their own campaigns for the entire campaign period. Please be aware of the following points about contribution limits:

• the $5,000 limit applies to a trade union as a whole – not individual locals
• the $5,000 limit applies to all corporations which are considered to be “associated” for Income Tax purposes.  Corporations may be considered “associated” if:
  • one of the corporations directly or indirectly in any manner controls the other
  • both of the corporations are controlled directly or indirectly in any manner by the same person or group of persons
  • each corporation is directly or indirectly controlled by a related person, or group of related persons, and each of them own 25 percent of the shares of the corporations
  • each of the corporations is directly or indirectly controlled by a related group, and all members of the group are related to one another and one or more of the members of the group own 25 percent of the shares of each corporation

Local Authorities Election Act, s. 147.2
Income Tax Act (Canada) s. 256

WARNING:

• Candidates and non-corporate contributors who break these rules may be found guilty of an offence punishable by a fine of up to $5,000. If a corporation breaks these rules, it may be liable for a $10,000 fine.

Local Authorities Election Act, s. 147.2(4) and 147.2(5)

Top

4. Accounting Responsibilities

All candidates are responsible for accounting for all funds used or spent on their campaign. Candidates must:

• ensure a bank account is opened at a financial institution in the name of the candidate's election campaign as soon as the candidate receives $5,000 in contributions
• deposit all campaign contributions to that account and it will be used only for payment of campaign expenses
• assign a value to every campaign contribution received (including personal property, real property or services other than volunteer services)
• give a receipt for every campaign contribution received
• if a candidate receives an anonymous contribution, he or she must try to return it to the contributor. If it cannot be returned to the contributor, it must be paid to the City
• keep a record of all contributions from a single person or other source that totals more than $100, including the name and address of the contributor
• get and keep a receipt for every campaign expense incurred
• only use campaign contributions to pay for valid campaign expenses including:
  • actual personal expenses of the candidate
  • cost of acquiring premises, accommodation, goods or services used for proper election campaign purposes
  • bona fide payments for the fair cost of printing and advertising
  • reasonable and ordinary payment to any person for hiring transportation used by the candidate to travel to and from public meetings, or by any person for proper election purposes
• keep receipts for all contributions and expenses for two years following the day Campaign Disclosure Statements are due. 
• file the Campaign Disclosure Statement with the Office of the City Clerk. The candidate must complete the provincial government’s form for this, which asks for the following information:
  • the total value of contributions received during the campaign that were less than $100
  • the list of contributors whose contributions totaled more than $100, along with their name and address
  • total amount the candidate contributed to the campaign from his or her own funds
  • the total amount of any campaign surplus worth more than $500, including any surpluses from previous elections
  • a financial statement showing the total revenue and expenses for the campaign
• file an additional statement if the candidate learns of an error or omission in the original statement

Local Authorities Election Act, s. 118(1), 147.3 and 147.4

NOTE:
The prescribed form (Disclosure Statement) has been provided by the Province of Alberta. (See Form 21 or Self-Funded Campaign Voluntary Statement under Related Documents.)

Audited statements are not required. Candidates are only required to provide the information required by the provincial government form.

WARNING:

• Failure to file the candidate’s Campaign Disclosure Statement must be reported to City Council and to the public
• There is a 30 day grace period for filing the Campaign Disclosure Statement, but if it is filed late, the Candidate must pay the City a late filing fee of $500 at the time of filing
• If a candidate fails to file a Disclosure Statement and wins the election, he or she may be disqualified from holding office unless he or she is relieved from the obligation to file his or her Campaign Disclosure Statement by the Court of Queen’s Bench of Alberta
• Candidates who break these rules may be found guilty of an offence punishable by payment of a $5,000 if convicted

Municipal Government Act, R.S.A. 2000, c. M-26, s. 174(1)(b.1)
Local Authorities Election Act, s. 147.3, 147.7 and 147.8

Top

5. Self Funded Campaigns

If a candidate funds his or her campaign entirely from his or her funds, to the maximum allowable amount being 10,000 during the campaign period, the candidate does NOT have to:

• open a bank account for campaign contributions and expenses OR
• file a Campaign Disclosure Statement

Local Authorities Election Act, s. 147.11

NOTE:
If you self-fund your campaign, please inform the Office of the City Clerk of this fact in writing to avoid being noted as having failed to provide the Campaign Disclosure Statement.

The Clerk has no way of knowing that you self-funded your campaign without written notice from you.

Top

For more information:

Election & Census Services