Should candidates file notice of intent forms?

Some of our members have asked if municipal election candidates need to file notice of intent forms if they have no intention of accepting a donation or incurring a campaign expense in their bid to win a seat on council.

This situation is fairly common in smaller municipalities. To help clarify the issue, Alberta Municipalities (ABmunis) worked closely with Alberta Municipal Affairs to develop the following guidance.

Why did the process change?

Previously, a candidate could not accept a donation or incur a campaign expense unless they had submitted their nomination forms. But the provincial government extended the campaign period for municipalities to begin January 1 of the year immediately following a general election (section 147.1(1)(b) of the Local Authorities Election Act (LAEA)) so a person may choose to campaign in years prior to the election year before nominations are open. This required a new mechanism for a candidate, or persons acting on behalf of a candidate, to report to the municipality so that there is transparency in any campaign activities prior to the nomination period opening in the election year.

This led to amendments of the LAEA in spring 2024, whereby section 147.22 was amended to require that a candidate must file a notice of intent form with the municipality prior to accepting a donation or incurring a campaign expense.

Should municipalities ask all candidates to complete the notice of intent form?

To ensure candidates are aware of the rules under the updated section 147.22 regarding contributions and campaign expenses and to avoid any potential disqualification of a candidate or blame being placed on the returning officer or municipality, it is best practice that your municipality ask all candidates to complete the notice of intent form as early as possible or submit with their nomination form. This will help avoid potential complications if a candidate changes their mind and decides to accept a donation or incur a campaign expense later in their campaign.

What if a candidate already filed nomination papers but did not file a notice of intent form?

We encourage you to contact those candidates and explain the risks to their candidacy if they violate section 147.22 and invite them to file the notice of intent form as soon as possible.

Is a template of the notice of intent form available?

Yes, you can download a “Sample Notice of Intent Form” from Municipal Affairs’ election forms web page.