Alberta Record

· Bill / Election & Democratic Rules · enacted

Bill 14: Referendum Act Amendments on Implementing Binding Results

Amends the Referendum Act to allow the government to not implement binding referendum results if it determines they would contravene the Constitution Act, 1982.

What changed

  • A new provision states that if the results of a referendum are binding, the government is 'not required to implement' them if doing so would contravene sections 1 to 35.1 of the Constitution Act, 1982 (s. 4(3)).

Why it matters

  • Expands the government's discretion to determine whether to implement binding referendum results, even if approved by voters.
  • Centralizes the interpretation of constitutional compliance for referendum results within the government, as the Act does not specify independent oversight for this determination.
  • May affect public perception of the binding nature and finality of future referendum outcomes.

Other governance concerns

  • Government discretion over democratic outcomes
  • Reduced impact of binding referendums

Primary sources (1)