With seven statutory and regulatory amendments enacted between December 2023 and April 2026, it is not surprising that Alberta’s legal community is seeking clarity around provincial referendum rules.
Rules for a referendum initiated by government
As well as requiring a referendum before a general sales tax or an income tax increase, or before Alberta leaves the Canada Pension Plan, the Alberta Cabinet may also order a referendum on any matter of public interest, whether or not that matter has constitutional implications.
As well as requiring a referendum before a general sales tax or an income tax increase, or before Alberta leaves the Canada Pension Plan, the Alberta Cabinet may also order a referendum on any matter of public interest, whether or not that matter has constitutional implications.
The Referendum Act of 2000, with regulations passed in 2020, is the oldest referendum pathway in Alberta law, allowing Cabinet to order a referendum on any question relating to the Canadian constitution. Questions 6 through 10 on the October referendum ballot were ordered under this authority.
Legislation passed in July 2025 expanded Cabinet’s authority to order a referendum on any matter deemed to be of public interest, thereby establishing an additional pathway beyond constitutional referenda. This appears to be the statutory basis for the non-constitutional questions in the October referendum.
A referendum can be held on its own or held in conjunction with either a provincial election or a municipal election.
Under two pieces of legislation passed in December 2023, the Government of Alberta cannot raise personal or corporate income tax or withdraw from the Canada Pension Plan without first holding a referendum. These new constraints add to existing legislation that prohibits introducing a sales tax without a referendum.
Rules for a citizen-initiated referendum
Citizen initiatives became easier to launch on the signature rules in mid-2025, then harder on cost and timing: a steep filing fee by year-end, and by 2026 a near two-year blackout window around elections that can also terminate a petition already underway.
Citizen initiatives became easier to launch on the signature rules in mid-2025, then harder on cost and timing: a steep filing fee by year-end, and by 2026 a near two-year blackout window around elections that can also terminate a petition already underway.
Under legislation that came into force in July 2025, the threshold of signatures required to trigger a citizen-initiated referendum was lowered to 10 per cent of votes cast in the last election, and the time period to collect those signatures was extended to 120 days. Other changes included reducing the period for the Chief Electoral Officer’s determination on the question, making a court referral for constitutionality mandatory, and reducing the third-party advertiser contribution limit to $5,000 per year, along with other administrative changes.
In December 2025, however, the citizen-initiated referendum law was again amended. These changes removed the requirement for a constitutional check and removed the Chief Electoral Officer’s advisory role.
In a separate change that same month, the application fee for a citizen-initiated referendum was increased from $500 to $25,000.
Finally, further changes to the citizen-initiated referendum rules came into effect in April 2026.
Most significantly, a new blackout period was established, so that no citizen-initiative notice may be filed one year before or one year after a fixed-date general election. Any citizen initiative that is already underway when a blackout period begins is terminated.
Other changes include adding a scrutineer regime. The ballot proponent and the Minister of Justice may each appoint one or more active Alberta lawyers as scrutineers to attend and observe the Chief Electoral Officer’s verification process.
Finally, the elections financing and contributions rules that would apply to registered parties, constituency associations and sitting MLAs during an election were disallowed for referendum purposes.
Rules affecting any referendum
The changes in recent years have made referendum administration more structured and closely supervised, adding successive layers of procedure and oversight.
The changes in recent years have made referendum administration more structured and closely supervised, adding successive layers of procedure and oversight.
While the details of referendum administration are extensive, there are a few important principles that apply to any referendum.
First, a referendum result should not be assumed to bind government. Binding status must be specified in the calling instrument, and the Supreme Court of Canada has held that a referendum result cannot, by itself, amend the Constitution or effect secession.
The scrutineer rules are detailed and extensive and should be reviewed by anyone contemplating a citizen-initiated ballot initiative. Similarly, the third-party financing rules have been made stricter, and a new prohibition was added on “deepfakes” that depict public officials, with substantial fines for violation.
Automatic tabulators have been outlawed, so referendum ballots will be counted by hand. Vouching for identity at polling stations is eliminated.
Indigenous consultation requirements have been added to determine polling locations, and non-derogation provisions are now included to protect the rights of Indigenous peoples under the Constitution of Canada.
Finally, a provision has been added allowing the Chief Electoral Officer or the Cabinet to discontinue a referendum in the event of emergency, disaster, or unusual or unforeseen circumstances.
