Before You Vote: the Separation Question
Learn More
Those looking for a deeper dive on the motivations behind Alberta sovereignty can explore this Angus Reid series.
A Nonprofit’s Guide to Alberta’s October Referendum: How the question got on the ballot, what a vote means, and why it matters for the sector.
We explore Question 10 in our series breaking down the 2026 Alberta referendum.
Provincial separatism is not new to Canada. Quebec has voted twice on leaving, in 1980 and 1995. This October, Alberta will vote on something one step removed: whether the province should begin the legal process. that could lead to a separation referendum of its own.
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.
The topic of separation moved beyond public discussion and into political process last year. In the summer of 2025, 404,293 Albertans signed the “Forever Canadian” petition in support of national unity. Soon after, the “Stay Free Alberta” petition gathered 222,597 signatures backing a referendum on separation.
On May 13, the “Stay Free Alberta” petition’s approval by Alberta’s Chief Electoral Officer was overturned by 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.
*This petition is now in front of the Court of Appeal and remains a live legal case, as of August 28, 2026. The signatures for this petition were validated by Elections Alberta on July 24, 2026 after the Court of Appeal ruled the submitted signatures could be counted and verified.
What the Government is Asking
“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.
Did you know?
A $25,000 fee is now required to launch a citizen initiative petition, up from $500 in December 2025.
Learn More
Visit the Government of Alberta’s website on the referendum here.
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; for the 2023 election, 10% of the total votes cast 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.
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’s not an explicit, binding vote on 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.
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. Though without the referendum, Alberta wouldn’t be able to meet the federal requirements of the Clarity Act.
How Nonprofits Can Get Involved
Interested in learning more about how you and your organization can get involved? See our post on the rules of engaging with the referendum, so that you and your organization can advocate responsibly.
Stay tuned for the next post. If you have any questions, reach out to us - policy@thenonprofitchamber.org