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A compliance agreement between Elections Alberta and a group campaigning for Alberta to remain in Canada means the organization is required to disclose certain referendum advertising expenses and contributions.
Forever Canadian, the pro-Confederation group led by former Alberta deputy premier Thomas Lukaszuk, entered into the agreement after Elections Alberta identified instances where speakers at its events specifically addressed the province’s referendum question on independence and took a position on it when they were not registered as a third-party advertiser.
Under Alberta’s Election Finances and Contributions Disclosure Act, third-party advertisers must register and comply with financial reporting requirements when engaging in referendum advertising.
But the new Sept. 29 compliance agreement doesn’t necessarily mean Albertans will get a full picture of the Forever Canadian campaign’s past fundraising.
The agreement requires the organization to distinguish between donations for referendum advertising and other contributions, and to report expenses for events where speakers promoted or opposed a referendum question. That includes a YouTube town hall recorded at West Edmonton Mall’s Production World Studios on Aug. 23 and Unity Bus tour events held on or after Aug. 20.
Brendan Boyd, an associate professor of political science at MacEwan University, said compliance agreements are generally intended to correct practices and ensure organizations follow the law, rather than immediately impose a penalty.
“It’s about accountability for learning rather than finding someone to blame,” he said.
In an interview with CBC News, Lukaszuk said he believes his organization was always compliant with directives from Elections Alberta. He noted Forever Canadian has been campaigning for national unity for nearly 18 months now, before any referendum questions had even been put forth by the province.
“We had a meeting with Elections Alberta a number of months ago, and Elections Alberta determined that as long as Forever Canadian promotes national unity and doesn’t actually campaign on any specific question within the referendum, then we are outside of the parameters of third-party advertisers,” he said.
“We made an agreement with Elections Alberta that the moment we decide to pivot our campaign to getting out the vote for the referendum, Elections Alberta would be the first ones to know and then we would reach an agreement when that happens. Our law firm approached Elections Alberta one month before the referendum and advised them that we will be pivoting … promoting voter turnout and educating Albertans on how to vote.”
CBC News contacted Elections Alberta for further comment on the compliance agreement.
“Elections Alberta is legislatively prohibited from commenting on complaints, allegations, or investigations we may, or may not, be reviewing or conducting, or those we may have conducted in the past,” the agency said.
“If there is an adverse finding, a notice of the finding is posted on our website in accordance with statutory requirements.”
On Monday, Forever Canadian’s Thomas Lukaszuk announced his organization would become a third-party advertiser ahead of Alberta’s referendum. As CBC’s Ted Henley reports, the move allows Forever Canadian to publicly push for Albertans to vote to remain in Canada.
The compliance agreement is not unusual in Alberta politics. In 2024, both the United Conservative Party and Alberta NDP entered into compliance agreements with Elections Alberta over how they handled party memberships and related financial practices.
Boyd said the agreement with Forever Canadian highlights a challenge with applying existing election finance legislation to referendums, which differ from traditional elections.
In a general election, third-party advertising rules typically focus on whether an organization is promoting or opposing a political party or candidate.
A referendum, however, centres on a specific question, making it more difficult to determine when general advocacy becomes advertising intended to influence how people vote.
Elections Alberta determined that Forever Canadian’s earlier events promoting Canadian unity did not constitute referendum advertising because they did not have the significant purpose of promoting or opposing a referendum question. But the agency identified more recent instances where speakers took a position on the separation question.
Boyd said that distinction creates grey areas..
“It’s a little bit different because it’s a very narrow specific question,” he said.
Boyd noted the organization is not being asked to report on all of its previous activities, particularly events that focused on Canadian unity in general rather than the referendum itself.
“I don’t think we’ll know that,” he said, referring to how much money the group raised during that earlier period.
If Forever Canadian fails to follow the agreement or breaches financial disclosure requirements, the matter could escalate,” Boyd said, noting Alberta’s election finance laws provide for financial penalties.
The compliance agreement will remain in force until Forever Canadian has completed its financial and reporting obligations for the 2026 referendum.
Boyd said the situation could prompt broader discussions about whether Alberta’s election finance laws are equipped to handle more frequent referendums and other direct democracy initiatives.
“If referendums become something that we do more frequently, or recall votes … all these different new types of ways that the public is voting on things, then we’re going to have to figure out the law and the legislation,” he said.
