Bill 205 - Election Finances and Contribution Disclosure (Third Party Advertising Amendment Act), 2009 (Alberta)
26 November 2009 | Election Advertising
Bill 205 was introduced in the Alberta legislature as a private members' bill by the Member for Airdrie-Chestermere on 15 April 2009.
Bill 205 amends the Election Finances and Contributions Disclosure Act (Alberta). The bill introduces the regulation of third party election advertising for provincial elections to Alberta.
Unlike the third party election advertising limits federally and in British Columbia, this bill does not limit the amount that a third party can spend on election advertising during an election campaign. Instead, this bill requires all election advertising expenses to be paid by the third party, and places limits on how much any one person or organization can contribute to the third party.
Bill 205 passed second reading on 4 May 2009, was debated by a Committee of the Whole House on 25 May 2009 and 1 June 2009, passed third reading on 16 Novemer 2009, and received royal assent on 26 November 2009. The bill comes into force on proclamation.
This bill raises several constitutional questions. It requires anyone who wants to spend over $1000 on election advertising to register. As the bill prevents certain individuals and organizations from registering and making contributions, it places limits on the freedom of expression that may not be constitutional.
I will be preparing a legal bulletin on how to comply with the new third party election advertising rules, and a legal analysis of whether certain aspects of Bill 205 are unconstitutional limits on freedom of expression as guaranteed by section 2(b) of the Charter, so stay tuned for more election advertising updates.