Alberta Record

· Bill / Centralization of Power · enacted

Bill 54 — Referendum Act: Provincial Control over Referendum Ordering, Discontinuation, and Indigenous Voting Places

Repeals sections related to ordering constitutional referendums, grants the Lieutenant Governor in Council new powers to discontinue referendums, and establishes a consultation process for voting places on Indigenous lands.

Moderate impactCentralization of powerElection rulesLocal autonomyThe public, directlyLegislatureMunicipalities

What changed

  • Sections 2 and 3 of the Referendum Act, which previously outlined the process for the Lieutenant Governor in Council (LGC) to order a referendum on constitutional amendments, are repealed. (Section 11(3) of Bill 54)
  • The LGC is granted new authority to discontinue a referendum by order in emergency or unforeseen circumstances, or if held in conjunction with other elections where adjournments are insufficient. (Section 11(13) of Bill 54, adding Referendum Act s. 8.5)
  • The Chief Electoral Officer (CEO) is required to consult with band councils and Metis settlement councils to determine suitable voting places on Indian reserves and Metis settlements for referendums held with local elections. (Section 11(11) of Bill 54, adding Referendum Act s. 8.11)
  • The CEO may recommend to the LGC to discontinue a referendum and commence a new one under certain conditions. (Section 11(13) of Bill 54, adding Referendum Act s. 8.4)

Why it matters

  • The repeal of sections related to constitutional referendums centralizes decision-making regarding such votes, potentially reducing the formal avenues for public input on constitutional matters.
  • New powers for the LGC to discontinue referendums introduce a mechanism for executive intervention in the democratic process.
  • The consultation requirement for Indigenous voting places acknowledges and formalizes the role of Indigenous communities in the administration of referendums on their lands.

Other governance concerns

  • Direct democracy
  • Executive oversight of elections
  • Indigenous self-determination (consultation)

Primary sources (1)

Secondary sources (4)