Bill 203 would add election-period restrictions to Alberta’s Election Act. Government departments and provincial corporations could not advertise or publish information about their programs or activities from the issue of an election writ through polling day, subject to defined exceptions.
The bill also creates a complaint process. If the Chief Electoral Officer finds a complaint justified, the officer could order an advertisement or publication removed or discontinued, with express protection from trespass and property-damage liability when removing signs, posters or similar displays.
At a Glance
What It Does
The bill creates a new Election Act prohibition on advertising or publishing information about government programs and activities during an election period. It allows exceptions for legal requirements, tenders and employment applications, public health or safety, certain ongoing provincial corporation programs, and specified by-election matters.
Who It Affects
The restrictions apply to Alberta government departments and provincial corporations as defined under the Financial Administration Act. They also affect the Chief Electoral Officer, who would receive complaints, determine whether violations occurred, direct the removal or discontinuation of communications, and report justified violations.
Why It Matters
The proposal would move Alberta toward a formal blackout-style regime for government communications during elections, rather than relying only on spending or partisan-advertising rules. Its practical effect would depend heavily on how the Chief Electoral Officer distinguishes routine public administration from prohibited promotion.
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What This Bill Actually Does
Bill 203 changes the Election Act by adding sections 134.1 and 134.2. The central rule covers the period beginning when the writ for a general election or by-election is issued and ending at the close of polling day.
During that window, a government department or provincial corporation cannot advertise or publish information about its programs or activities unless the communication falls within one of the bill’s exceptions.
The exceptions preserve communications that another law requires, as well as notices needed to solicit contract proposals, tenders or employment applications. Communications concerning public health or safety can continue when the timing makes them necessary.
Provincial corporations receive an additional exception for advertising required at that time for their ongoing programs, reflecting the possibility that some corporations operate public-facing services that cannot simply pause during an election.The bill applies a separate set of allowances during a by-election. A department may continue a prior publication or advertisement when it is required for an ongoing program.
It may also communicate about matters before the Legislative Assembly, including the Speech from the Throne, the budget, the introduction or passage of a bill, or an Assembly order or resolution. The text does not extend that specific Assembly-business exception to general elections.Any person could complain to the Chief Electoral Officer about an alleged breach.
If the officer finds the complaint justified, the officer may cause the communication to be removed or discontinued. For signs, posters and similar formats, the bill shields the officer and people acting under the officer’s instructions from liability for trespass or damage caused by the removal.
The violation’s particulars must also appear in the Chief Electoral Officer’s report under section 4(5).
The Five Things You Need to Know
The election period begins when the writ is issued and ends at the end of polling day; the bill does not use a fixed number of pre-election days.
The prohibition covers both advertising and publishing information about a department’s or provincial corporation’s programs or activities.
The bill expressly permits communications required by law, timely procurement or employment notices, and matters concerning public health or safety.
For a by-election, departments may continue earlier publications required for ongoing programs and may address specified Legislative Assembly business.
A justified complaint can lead to removal or discontinuation of the communication, and the Chief Electoral Officer must include the violation’s particulars in the report required under section 4(5).
Section-by-Section Breakdown
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Amends Alberta’s Election Act
This clause identifies the Election Act, RSA 2000, chapter E-1, as the statute being amended. It is the enabling provision for the new election-period communications rules rather than a standalone advertising regime.
Creates the election-period advertising restriction
Proposed section 134.1 establishes the basic ban on government departments and provincial corporations advertising or publishing information about their programs or activities during an election period. The provision defines the period by reference to the writ and polling day, which gives the restriction a clear legal trigger but can make the applicable window vary depending on when an election is called.
The section then carves out communications that must occur for legal, procurement, employment, health or safety reasons. It also recognizes ongoing provincial corporation programs and, in a by-election, certain continuing departmental communications and Legislative Assembly business. These exceptions are the main operational boundary between necessary administration and prohibited government messaging.
Creates complaints and removal powers
Proposed section 134.2 allows any person to complain to the Chief Electoral Officer about an alleged violation of section 134.1. The officer may cause a communication to be removed or discontinued after finding the complaint justified, giving the provision a direct remedy rather than limiting enforcement to a later report.
The clause also protects the officer and authorized agents from trespass or damage liability when removing signs, posters or similar displays. That protection addresses the mechanics of enforcement, but it does not specify a separate penalty, appeal process or judicial review standard for the officer’s decision.
Sets the commencement date
The bill provides that the amendments come into force on January 1, 2016. The commencement clause does not create a transitional rule for communications already in circulation, so the practical treatment of existing advertisements would depend on how the new provisions are applied once in force.
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Explore this topic in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Voters who want a clearer separation between ordinary election administration and government messaging, because the bill limits promotional or informational communications during the writ period.
- Opposition parties and independent candidates, who could face less government-funded communication competing for public attention during an election.
- The Chief Electoral Officer, who would receive an express statutory mandate to investigate complaints and have communications removed or discontinued when a complaint is justified.
- Members of the public who need health, safety, procurement or employment information during an election, because the exceptions preserve specified time-sensitive notices.
- Provincial corporations with ongoing public programs, which retain a tailored ability to communicate when their operations require timely advertising.
Who Bears the Cost
- Alberta government departments, which would need to review planned communications against the prohibition and document why any election-period publication qualifies for an exception.
- Provincial corporations, which could face uncertainty over whether a program communication is genuinely required at that time or instead amounts to prohibited government promotion.
- The Chief Electoral Officer’s office, which would take on complaint assessment, potential removal activity and reporting responsibilities without any funding or staffing provision stated in the bill.
- Public contractors, job applicants and service users, if departments respond conservatively to the restriction and delay notices or outreach that do not clearly fit an exception.
- Organizations displaying government-funded signs or posters, which could experience disruption or property damage when a justified complaint results in removal, even though the bill protects the officer and authorized removal agents from liability.
Key Issues
The Core Tension
The bill tries to prevent public resources from giving an incumbent government an election-period communications advantage without interrupting services that people still need. A broad restriction better protects electoral neutrality but risks suppressing useful, time-sensitive information; a broad exception preserves administration but may allow ordinary government messaging to continue under the label of necessity.
The bill’s core difficulty is classification. Terms such as “information about” a program or activity, “required at that time,” “ongoing programs” and matters of public health or safety leave room for judgment.
A routine service notice, budget explanation or public-awareness campaign could be operationally important while also affecting how voters assess the government. The text gives the Chief Electoral Officer a strong practical remedy but provides no detailed criteria for making those distinctions.
The enforcement design also raises procedural questions. The bill permits any person to file a complaint and authorizes removal or discontinuation after the Chief Electoral Officer finds it justified, but it does not set out notice to the department, response deadlines, an appeal route or a penalty schedule.
The reporting requirement creates transparency after the fact, while the immediate removal power can affect communications before a full dispute is resolved. Finally, the by-election exceptions are more specific than the general rule, leaving departments to determine whether comparable communications are permissible in a general election.
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