A recent compliance agreement between Elections Alberta and a group advocating for Alberta to remain in Canada mandates the organization to divulge specific referendum advertising expenses and contributions.
Forever Canadian, helmed by former Alberta deputy premier Thomas Lukaszuk, initiated the agreement following Elections Alberta’s observation of instances where speakers at their events addressed Alberta’s referendum question on independence without being registered as third-party advertisers.
As per Alberta’s Election Finances and Contributions Disclosure Act, third-party advertisers must register and adhere to financial reporting guidelines when involved in referendum advertising. However, the new compliance agreement dated September 29 does not guarantee a comprehensive overview of Forever Canadian campaign’s past fundraising.
The agreement necessitates the organization to differentiate between donations for referendum advertising and other contributions, along with reporting expenses for events where speakers either supported or opposed a referendum question. This includes activities like the YouTube town hall at West Edmonton Mall’s Production World Studios on August 23 and Unity Bus tour events from August 20 onwards.
Brendan Boyd, a political science associate professor at MacEwan University, explained that compliance agreements primarily aim to rectify practices and ensure compliance with the law instead of immediately imposing penalties. Boyd emphasized that the focus is on accountability and learning rather than assigning blame.
In an interview with CBC News, Lukaszuk expressed confidence in Forever Canadian’s compliance with Elections Alberta directives. He clarified that the organization has been advocating for national unity for almost 18 months, predating the referendum questions posed by the province. Lukaszuk highlighted a prior meeting with Elections Alberta where they agreed that as long as Forever Canadian promotes national unity without directly campaigning on specific referendum questions, they are not categorized as third-party advertisers.
Elections Alberta declined to provide further comment on the compliance agreement, citing legislative restrictions on discussing complaints or ongoing investigations. The agency stated that if any adverse findings arise, they would be publicly disclosed on their website in accordance with statutory requirements.
The compliance agreement echoes similar past agreements in Alberta’s political landscape. Boyd noted that applying existing election finance laws to referendums poses challenges due to the unique nature of referendum-focused advocacy compared to traditional election campaigns.
Boyd highlighted the difficulty in distinguishing between general advocacy and referendum advertising, especially as referendums center on specific questions. Elections Alberta determined that some of Forever Canadian’s earlier events did not qualify as referendum advertising, but recent instances where speakers took positions on the separation question raised concerns.
The compliance agreement will persist until Forever Canadian fulfills its financial and reporting obligations for the 2026 referendum. Boyd suggested that the situation might spark discussions on whether Alberta’s election finance laws can effectively accommodate more frequent referendums and direct democracy initiatives in the future.
