Before You Vote: A Nonprofit’s Guide to Alberta’s October Referendum
The Separation Question
How the question got on the ballot, what a vote means, and why it matters for the sector.
This is the second post in our series breaking down Alberta’s October referendum.
Provincial separatism is not new to Canada. Quebec held its first referendum on the topic of separating from Canada in 1980; this October, Alberta will hold its first.
There are diverse perspectives among those talking about separation. In brief, the Alberta separatist sentiment is described as being rooted in a sense of western alienation - the belief that Alberta contributes significantly to Canada but has limited influence over national decisions that affect the province. (Those looking for a deeper dive can explore an Angus Reid series on the motivations behind Alberta sovereignty.)
The topic of separation moved beyond public discussion and into political process last year. In the summer of 2025, more than 430,000 Albertans signed the “Forever Canadian” petition in support of national unity. Soon after, the “Stay Free Alberta” petition gathered roughly 302,000 signatures backing a referendum on separation. The petition’s approval by Alberta’s Chief Elector Officer was later overturnedby a Court of King’s Bench judge after First Nations groups challenged it for proceeding without Indigenous consultation, in conflict with treaty rights.
On May 21, Premier Smith said the government would put a different separation-related questions to voters, citing the level of public engagement on the issue. On May 28, an Order in Council made it official: a question of whether to pursue an official separation referendum will appear on the ballot in October. For Alberta’s nonprofits, separation would not just change how we operate. It would challenge the existence of the government, regulatory and funding systems that we operate within.
About the Question of Separation
“Should Alberta remain a province in Canada, or should the Government of Alberta commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada? ”
Voters will be asked to mark an X next to their option of choice:
Remain in Canada, or
Begin the legal process towards a provincial referendum on separation.
The results of the question are not binding, meaning the government is not legally obligated to act on the outcome. Check out our last blog to see which questions on the referendum are binding.
For Nonprofits
The question of separation has tremendous implications for the nonprofit sector. It challenges the system Alberta’s nonprofits and registered charities operate within: charitable status is federally regulated, federal funding flows through national frameworks to support provincial operations, and national partnerships underpin service delivery in many subsectors.
As of yet, there is no indication of how regulatory systems and funding streams would be overhauled in a secession, for nonprofits or other organizations. Based on what we know of existing regulatory and operation structures, the nonprofit sector would be impacted in the following areas:
Federally regulated charitable status. Separation would require building an entirely new charitable regulatory and taxation framework from scratch.
Federal funding, agreements, and partnerships support programs delivered by Alberta’s nonprofits across subsectors including housing, settlement, environment, employment supports.
Economic instability could place unprecedented demand on the sector. Economists have warned that national and international investment in the province could decline, the consequences of which would lead many Albertans to seek nonprofit supports. Demand would rise, while, without intervention, nonprofit capacity would likely decrease during the transition.
Our ability to provide for Albertans relies on a system with consistent rules and relatively stable funding structures – something that would need restructuring if we separated from Canada.
How the Question Got on the Ballot
Referendum questions can be initiated in two ways:
Citizen Petitions
Albertans can use the citizen initiative process to introduce a legislative or policy proposal in the legislative assembly, or to initiate a constitutional referendum. Citizen petitions require signatures from at least 10% of the total number of votes cast in the previous provincial general election to be successful; the number of votes in the 2023 election was 177, 732. The outcomes differ by petition type:
If a legislative or policy petition with a referendum proposal is successful, it is up to the government to decide whether the question goes to a vote.
A successful constitutional referendum petition would require the government to initiate a referendum.
A $25,000 fee is now required to launch a citizen initiative petition, up from $500 in December 2025.
Government Initiated
Previously, referendum questions had to be tabled in the legislature, debated, and voted on by MLAs and then approved by an Order in Council before it could appear on the ballot. The Elections Statutes Amendment Act, 2025 removed the role of the Legislative Assembly in approving referendum questions from legislation. As of July 4, 2025, Cabinet now independently approves questions directly through an Order in Council. In practice, this means referendum questions can now reach the ballot without legislative debate, public opinion, or a recorded vote by MLAs. The government used this process to approve all 10 October referendum questions.
The Stay Free Alberta petition was a citizen initiative petition for a constitutional referendum. They proposed Albertans vote on whether to separate from Canada. Their application was approved by Alberta’s Chief Electoral Officer, who issued the petition, thereby allowing the group to start collecting signatures. Following legal challenges by First Nations groups, the question they proposed was legally barred from appearing on a referendum by a Court of King’s Bench judge.
Premier Smith announced that the government would nonetheless put a separation-related question on the October ballot using the government-initiated process, citing the level of engagement from Albertans on the topic. Premier Smith has said that the new multiple-choice question – sometimes described as “a referendum to hold a referendum” – is the only legal path remaining to put the issue to a vote because it doesn’t explicitly ask about separation.
A May 28 Order in Council confirmed both the question and its multiple-choice format. While this format is uncommon for referendum questions, nothing in the Referendum Act prohibits it for a non-binding question.
What Happens Next
Because the separation question is non-binding, the government is not obligated to act in accordance with the public vote. Operationally, this means that even if a majority of voters choose to “remain in Canada” on the ballot, nothing legallyprevents the government from pursuing separation-related steps anyway. However, Premier Smith has stated that if voters choose to stay in Canada, she will notpursue the separation referendum.
Alternatively, if Albertans choose to begin the legal steps towards a referendum, we will have a long road ahead of us.
What "Begin the Legal Process" Would Actually Require
If voters select option 2 - to begin the legal process towards a referendum on separation - and the government chooses to act on it, several legal hurdles would need to be cleared before a binding provincial referendum on separation could proceed.
Consultation with Indigenous communities: Adequate consultation would be a (minimum) legal prerequisite. The failure to consult was the central reason the original citizen petition was struck down.
A successful appeal of the petition strike-down:Premier Smith has stated her intention to appeal the legal decision that struck down the citizen petition on separation. A binding provincial referendum on separation would require a successful appeal of this decision before it could proceed.
Federal requirements under the Clarity Act: The federal Clarity Act sets the rules under which Ottawa would negotiate with a province after a separation referendum, including requirements for a clear question and a clear majority. Quebec’s referendums laid the legal groundwork. Should a binding provincial referendum on separation be held, the question would need to be deemed clear, and the result would need to reflect a clear majority before federal-provincial negotiations on separation could begin.
Interestingly, the Alberta Government could pursue separation from Canada without a referendum, due to recent legislative change. Separation from Canada would require the provincial government to pursue an amendment to the Canadian Constitution. Previously, the legislative assembly had to hold a public referendum; then vote to approve a constitutional amendment. The Election Statutes Amendment Act, 2025, changed that. Now, the legislative assembly can vote on a constitutional amendment without consulting the public.
This does not mean that the constitution can be unilaterally changed, but it does mean the provincial government no longer needs public approval to pursue amendments. This applies not only to the separation question, but also to the other four questions on the October ballot that seek greater provincial autonomy through constitutional change.
So, even if a majority of voters choose to remain in Canada, the question of seeking a provincial referendum on separation could still be put to the legislature for an internal vote.
How Can Nonprofits Get Involved
The most important things we can all do individually are to get informed, discuss – and go vote! Speak to your peers, colleagues, networks and neighbours. Encourage those around you to show up at the polls on October 19. Nonprofits Vote will be sharing a vote kit later this summer to help you find when, where, and how to vote. Anyone can participate personally: speak publicly, donate to campaigns, or volunteer.
Your organization can share information about how to vote and how the referendum affects your mission. If your nonprofit decides to take a position on referendum questions, the same engagement rules from our last post apply:
Click on the image to download!
$1000 threshold for third-party advertiser registration: Nonprofits must register with Elections Alberta as a third-party advertiser once they’ve spent $1,000 in referendum advertising expenses. Advertising includes promoting or opposing, or taking a position on, an issue associated with a question in a referendum. Paid advertising expenses include paid social media promotion, billboards, and newspaper ads. Track your spending from the start.
CRA rules on charities and political activity: registered charities can only take a public position on the referendum questions if it is connected to their charitable purpose. Keep track of how the referendum connects to your mission. Charities can be political, not partisan.
Board governance considerations: get your board on board. Make sure everyone is comfortable with the position your organization may take, and that everyone understands the difference between speaking as an individual versus speaking for the organization.
Stay tuned for the next post. If you have any questions, reach out to us - policy@thenonprofitchamber.org