Alberta government amends bill after chief electoral officer warns it harms trust

EDMONTON – Alberta’s government has made last-minute changes to a bill after the province’s chief electoral officer warned it would impede the independence of his office.

The legislation, tabled last week, makes changes to how citizen-initiated referendums are administered. It also strips chief electoral officer Gordon McClure of much of his discretion to accept or deny proposals.

Among the changes proposed was a new rule that would have required McClure to seek the justice minister’s approval on whether proposed questions are similar or the same as those put forward in the past five years.

McClure, in a letter to assembly members Tuesday, said the rule represented an “erosion of the separation of powers,” as it meant he would be taking orders directly from Justice Minister Mickey Amery.

“The potential harm of perceived partisan influence over electoral processes cannot be overstated,” McClure wrote, adding it could undermine the trust Albertans have that the institution responsible for elections operated without political interference.

“If Albertans lack confidence in social and political institutions such as the electoral system, they will lack faith in their elected representatives.”

Amery amended the bill late Tuesday night in response to McClure’s concerns.

One amendment was to remove the requirement that proposals not be similar or the same as others within the past five years, which means McClure won’t need to seek the minister’s approval before signing off an application.

Another change Amery made was to remove his own ability under the Citizen Initiative Act to refer proposed referendum questions to the courts for review — a power the bill is also taking away from the chief electoral officer. Amery said a separate law allows him to refer matters to the court if he sees fit.

Amery’s office said in a statement Wednesday that the changes will further streamline the referendum process while also respecting the independence of Elections Alberta.

A spokesperson for McClure said Elections Alberta was analyzing the amendments and planned to monitor debate in the legislature Wednesday. The bill passed third and final reading without further changes.

McClure, in his letter, also said he wasn’t consulted by the government when it wrote the legislation and that he was only addressing what he considered the most pressing issue identified in the short time he had to review it.

“My limited comments in this letter should not be taken as an endorsement of the other section of (the bill) that touch upon electoral matters,” McClure wrote.

Amery told reporters in the legislature Wednesday that the government would be meeting with McClure to discuss any further concerns, but noted there likely wouldn’t be time to address them during the legislative sitting, which wrapped up just hours later.

“We most certainly are taking the suggestions that he has provided to heart,” Amery said.

Opposition NDP Leader Naheed Nenshi called the government’s amendments a smokescreen that don’t address McClure’s core concerns.

“The government doesn’t actually care about the implications of their legislation, they just care about the political points they think they’re going to score,” Nenshi said.

“It is the most anti-democratic thing I’ve ever seen an Alberta government do.”

With the bill getting passed Wednesday, McClure will no longer be able to deny citizen-led referendum proposals if the proposed questions aren’t factually accurate, go against the Constitution or if they don’t have clearly explained subject matter statements.

Both Amery and Premier Danielle Smith have said the changes are necessary to ensure “gatekeepers” like McClure or the courts aren’t delaying Albertans’ access to direct democracy.

The bill also rendered a court review of a proposed referendum question on Alberta separating from Canada moot, as it lets those behind the campaign reapply at no cost so they can start collecting the necessary signatures to get their question on a ballot.

The judge involved in the review, Court of King’s Bench Justice Colin Feasby, decried the government’s move. 

In a decision issued the day after the bill was tabled, Feasby called it undemocratic and said it was an attempt to silence the courts. He also said that under the existing rules governing citizen-initiated referendums, the proposed question was prohibited.

Smith has brushed off the criticism, saying that her government has the right to change laws at any time.

During question period Tuesday, Smith went a step further and said the changes were necessary because “we actually have a chief electoral officer that is taking away the rights of Albertans. We have a judge that is taking away the rights of Albertans.”

“We believe that individuals … should have the opportunity to convince their peers that it should go forward to a referendum and we’re going to allow that to happen,” Smith said.

The bill’s passage Wednesday marked the end of the legislative assembly’s fall sitting.

The assembly is set to reconvene in February.

This report by The Canadian Press was first published Dec. 10, 2025.