Use of Corporate Resources for Election Purposes Policy

1.1 In this policy, unless the context requires otherwise:

"Canada Elections Act" means the Canada Elections Act, S.C. 2000, c. 9;

"candidate" means a person who is running or has expressed an intention to run in a municipal, provincial, or federal election, and includes an acclaimed candidate and a council member who meets the definition of candidate;

"City" means The Corporation of the City of Kingston;

"clerk" means the City Clerk or their designate;

"City employee" means a person who performs work or supplies services directly to the City for monetary compensation under an employment contract but does not include council members;

"CMT member" means a member of the City’s corporate management team and includes the person appointed chief administrative officer by the City, the person appointed treasurer by the City, the person appointed city solicitor by the City, and a commissioner responsible for the leadership and operation of a portfolio of City departments;

"corporate resources" include City employees, and events, information, services, facilities, assets, and infrastructure that are owned by the City;

"council member" means a person elected to office on the council of the City;

"director" means the director of a City department;

"Election Finances Act" means the Election Finances Act, R.S.O. 1990,

"election year" means January 1 through to voting day during a regular municipal election year;

"manager" means a City employee who reports directly to a director;

"Municipal Elections Act, 1996" means the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.;

"nomination day" means, in the case of a regular municipal election, the third Friday in August in the year of the election, and in the case of a by-election, the date established in accordance with section 65 of the Municipal Elections Act, 1996;

"supervisor" means a City employee who reports directly to a manager;

"third-party advertiser" means any individual, corporation or trade union registered in accordance with subsection 88.6 of the Municipal Elections Act, 1996, subsection 37.5 of the Election Finances Act, or subsection 353 of the Canada Elections Act; and

"voting day" means the day on which the final vote is to be taken in an election.

1.2 In this policy, "include", "includes" and "including" indicate that the subsequent list is not exhaustive.

1.3 A reference to any legislation, regulation, by-law, rule, policy or provision thereof includes a reference to any legislation, regulation, by-law, rule or provision thereof enacted in substitution thereof or amendment thereof.

1.4 A reference to legislation includes all of the regulations made thereunder.

1.5 A reference to the position or title of any City employee includes a reference to any position or title created in substitution thereof.

2.1 This policy applies to all City employees, council members, candidates, third-party advertisers and any individual acting on behalf of a council member, candidate or third-party advertiser.

2.2 The purpose of this policy is to:

1. satisfy the City’s obligations under the Municipal Elections Act, 1996, the Election Finances Act, and the Canada Elections Act to establish requirements and restrictions related to campaign finances, the use of corporate resources during an election campaign period, and municipal contributions to election campaigns; and
2. provide direction regarding the use of corporate resources during an election campaign period.

2.3 All restrictions noted in this policy are effective as of 2:01 p.m. on nomination day and apply throughout the campaign periods defined in subsections 3.1 through 3.4 of this policy.

3.1 For municipal elections, in the case of a regular election, the campaign period commences on the date a candidate or third-party advertiser files their or registers with the clerk and ends on December 31 of the same year, unless the campaign period is extended pursuant to the Municipal Elections Act, 1996.

3.2 For municipal elections, in the case of a by-election, the campaign period commences on the date a candidate or third-party advertiser files their or registers with the clerk and ends 45 days after voting day, unless the campaign period is extended pursuant to the Municipal Elections Act, 1996.

3.3 Despite subsections 3.1 and 3.2 of this policy, the campaign period is deemed to end: on the day a nomination is withdrawn; on nomination day, if the nomination is rejected; or on the day the candidate or third-party advertiser files their financial statement pursuant to the Municipal Elections Act, 1996.

3.4 For federal and provincial elections, the campaign period commences upon the issuance of the writ of election and ends on voting day.

4.1 Candidates and third-party advertisers must not use corporate resources, including computers, cell phones, tablets, printers, scanners, or other services such as email, internet, video conferencing, cloud-based software and file storage, for any election-related purposes.

4.2 Websites and social media accounts that are managed by the City must not include any election-related campaign material, with the exception of the candidate list on the City website, where links to candidate campaign websites will be posted during the campaign period defined in subsections 3.1 and 3.2 of this policy.

4.3 Any links to council member social media accounts will be removed from City websites within two business days of a council member filing their nomination. Any election-related social media activity using corporate resources is prohibited.

4.4 In an election year, council member biographies on the City website will remain static.

4.5 If a council member is a candidate in a provincial or federal election, their biography on the City website will remain static for the campaign period.

4.6 The City voicemail system must not be used to record election-related campaign messages and the City computer network, including the City email system, must not be used to distribute election-related campaign correspondence.

4.7 Where an incumbent council member has filed their nomination to be a candidate and subsequently receives election-related communications (for example, phone calls or emails) through their City email address or phone number, the council member must provide the individual with campaign-related contact information without embellishment.

5.1 Candidates and third-party advertisers must not campaign and/or distribute campaign literature during any event being hosted by the City, regardless of location.

5.2 Candidates and third-party advertisers must not use any City owned facilities for any election-related purposes unless the candidate or third-party advertiser has rented the facility in accordance with the City’s standard facility rental procedures.

5.3 All candidates and third-party advertisers must comply with City of Kingston By-Law Number 2019-100, Election Sign By-law, regarding the display of campaign signs and other election related material in City facilities.

5.4 Candidates and third-party advertisers must not engage City employees in campaigning activities during the City employees' working hours.

6.1 Council members must not use the content of any communication material hosted, or distributed by the City on the council member’s behalf for election campaign related purposes.

6.2 Candidates and third-party advertisers must not print or distribute any election campaign related material using municipal funds.

6.3 Candidates and third-party advertisers must not use the logo, crest, coat of arms, letterhead, flag or slogan of the City, or any photographs produced for and owned by the City on any campaign materials, whether electronic or printed. Other images or text that suggest endorsement by the City are also prohibited. This prohibition does not apply to the use or display of links to the City’s election website provided by the clerk.

6.4 No advertising or communications material issued by the City may contain the name of a council member, other than within the context of their duty as an elected official.

6.5 From the day after nomination day up to and including voting day in an election year, council members must not use corporate resources or individual council member budgets to sponsor any advertisements, events, flyers, newsletters, or householders.

6.6 Candidates and third-party advertisers may purchase advertising on corporate resources or in City facilities in accordance with the City’s Advertising and Revenue Generation Policy.

7.1 City employees must not use corporate resources in the production of materials in support of a candidate or third-party advertiser.

7.2 Subject to subsection 6.6 of this policy, City employees must not display in City facilities notices, posters, or similar material in support of a particular candidate, third-party advertiser.

7.3 City employees must not canvass or actively work in support of a candidate or third-party advertiser during their working hours.

7.4 City employees may canvass or actively work in support of a candidate or third-party advertiser during non-working hours or by using approved leave time, such as absence without pay, lieu time, flex day, or vacation leave.

7.5 City employees must not canvass or actively work in support of a candidate or third-party advertiser while wearing a uniform, badge, logo, or any other item identifying them as a City employee or using a vehicle owned or leased by the City.

7.6 City employees must not use their job title or position with the City in any campaign materials in which the City employee appears.

7.7 City employees may accommodate requests from candidates for meetings with senior City employees and for tours of City facilities, based on City employee and facility availability. If a request is accommodated, City employees must make a similar opportunity available to all candidates.

7.8 In observing and applying this policy, City employees must also comply with the Employee Code of Conduct Policy and other relevant policies.

8.1 Nothing in this policy will preclude a council member from performing their duties as an elected representative or from representing the interests of their constituents.

8.2 Nothing in this policy will preclude the clerk from performing their statutory or restrict the clerk from distributing information respecting election activities or undertaking actions that assist electors in exercising their right to vote.

9.1 CMT members, directors, managers and supervisors must take reasonable steps within their authority to direct compliance with this policy.

9.2 The clerk is responsible for:

1. communicating this policy to candidates and third-party advertisers;
2. directing candidate and third-party advertiser compliance with this policy; and
3. resolving any issues or conflicts relating to this policy.

9.3 A City employee who breaches this policy may be subject to discipline up to including dismissal.

9.4 This policy must be reviewed once during each term of council. A revised policy will be established prior to May 1 in an election year.

10.1 Council members may seek advice from the City’s Integrity Commissioner with respect to this policy.