Elections Alberta finds ATA advertising complies with election laws

If you strap 33 actual chairs to a billboard and ask Albertans to stand for education during a provincial election, does that mean you’re supporting the NDP?

This was the focus of a year-long investigation by Elections Alberta into the advertising practices of the Alberta Teachers’ Association (ATA) during the 2023 provincial election. The recently wrapped-up investigation found that the ATA’s advertising was conducted in compliance with election advertising rules.

Third-party advertising

Eight days into the May 2023 election campaign, the United Conservative Party’s (UCP) executive director Dustin Van Vugt wrote to Elections Alberta asking them to investigate the ATA for appearing to run an “illegal third-party advertising campaign.” 

The Elections Finance and Contributions Disclosure Act (EFCDA) requires third-party organizations that undertake political or election advertising to register with Elections Alberta and disclose financial details related to the advertising. The law defines election advertising as advertising that promotes or opposes a party or candidate as well as advertising that “takes a position on an issue with which a registered party or registered candidate is associated.”

The ATA has never advertised in support of or opposition to a political party or candidate, but it does advertise on education issues.

The UCP took the position that public education is an issue associated with both the UCP and the NDP, noting that it was the topic of announcements and news releases by both parties. The UCP concluded that by taking a position on an issue associated with the parties, ATA materials qualified as election advertising. If accepted, the argument would have effectively prevented the ATA from advertising at all on education issues during elections.

In response to the allegation, the ATA maintained that the Teaching Profession Act, which established the Association, mandates it to speak out on education issues and that an issue associated with both parties could not be considered to be associated with any individual party.

Elections Alberta seemed to agree with the ATA’s position. 

“Education funding and class size was a cross-party issue and not associated with one party,” they wrote in their letter to the Association dismissing the complaint. 

Election Commissioner Paula Hale said she carefully considered the ATA’s statutory purposes (to increase public interest and knowledge in the aims of education and financial support for it) and noted that the messaging in its advertisements was general in nature and not targeted to one specific party.

What about donations to political parties?

Many teachers have likely heard allegations, particularly in recent months, that the ATA donates money to the NDP. Some erroneous online accusations suggest a number as high as $2 million. This misinformation stems from the same issue.

Since 2019, the Association has twice, out of an abundance of caution, registered as a third-party advertiser (TPA) in order to conduct similar advertising. The ATA registered during the 2019 provincial election because a previous election commissioner recommended it. Then, in 2021, the ATA registered, as it wanted to speak more directly to curriculum concerns, an issue which was more closely associated with the UCP. Because of these registrations and associated disclosures, the myth of an NDP donation keeps popping up.

Some groups do in fact use third-party advertising registrations as an opportunity to advertise in support of a particular political party. CUPE-Alberta is a registered TPA and has approved policy to support the NDP. The group Take Back Alberta has advertised extensively in support of the UCP. 

Registering as a TPA in itself does not mean that your advertising supports a particular candidate or party. Unfortunately, the previous TPA registration of the ATA has been misrepresented as such. 

The ATA is not and has not been an NDP donor, and claims to the contrary are inaccurate misrepresentations.

Ads that speak out

The conclusion of the recent investigation into the ATA’s advertising helps provide some clarity going forward. The ATA will always speak out on education issues, including at election time, if needed. It is part of our legislated purpose and our work to advance the interests of teachers. And the Association will continue to abide by the laws around it.

It’s comforting to have some confirmation from the law’s enforcers that they would agree.