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HomeMy WebLinkAboutCAO-014-25Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 8, 2025 Report Number: CAO-014-25 Authored By: Mary-Anne Dempster, CAO Submitted By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: Report Subject: Use of Corporate Resources for Election Purposes Policy Update Recommendations: 1.That Report CAO-014-25, and any related delegations or communication items, be received; 2.That the By-law attached to Report CAO-014-25, as Attachment 1, to repeal and replace the existing by-law adopting Clarington’s Use of Corporate Resources for Election Purposes Policy, be approved; and 3.That all interested parties listed in Report CAO-014-25, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report CAO-014-25 Report Overview On May 1, 2023 Council approved the Clarington Policy System Policy. This policy laid out the framework for the structure of Council policies and Management Directives. Over the past two years Staff have been reviewing all existing Council policies and Corporate policies to move them into the new framework, but also to recommend any changes required to the appropriate authority. Staff have reviewed the Council approved policy, F110, the Use of Corporate Resources for Election Purposes and are suggesting updates to the policy template, as well as some substantive updates. 1. Background 1.1 Section 88.18 of the Municipal Elections Act stipulates that: “Before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period.” 1.2 After the above MEA change was introduced in 2016, Council passed an updated policy in 2018 for the 2018 election and a further update in 2021 for the 2022 election (By-law 2021-091 arising out of Report LGS-027-21.) 1.3 Although the policy has been established, it is best practice to review the policy prior to each regular municipal election so that any changes are completed well ahead of to the deadline and they can be included in the Candidate and Third-Party Advertiser information packages. 2. Proposal Review 2.1 Staff have reviewed the current policy and are recommending changes ranging from template changes to clarifying definitions to ensuring that the policy is in compliance with legislation and common practices of comparable municipalities. 2.2 Staff have reviewed policies from comparable municipalities and adopted relevant sections. 2.3 Due to the change to the template it is not possible to provide a red line version as it is too hard to follow. Both the existing Policy F110 and the proposed Policy are attached to this report. The next section provides a review by section. Municipality of Clarington Page 3 Report CAO-014-25 Analysis and Updates to Policy F110 2.4 Information contained within the Policy Statement and Purpose of Existing Policy F110 have been reconfigured under Legislative authority and Purpose in the proposed updated version as this is the new format used for all policies 2.5 Under the Scope section, the following underlined changes have been added to provide more clarity: 3.1 This policy applies to all Staff of the Municipality of Clarington, and authorizes Staff to impose the rules and procedures, stated within, on all Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf. NEW 3.2 This Policy applies to Members, including a Member not seeking re-election, Staff, Candidates and Acclaimed Candidates. 2.6 The index section of Policy F110 has been removed as this format is not used in the new Policy structure. 2.7 Under the definition section, new definitions have been added, but none have been removed. However, some of the existing definitions have been updated for clarity. 2.8 Items within Section 3 of Policy F110 which have not changed but have been renumbered in the proposed policy:  Section 3.1 is covered under sections 2.2 and 5.1  Section 3.2 is covered under section 3.2  Section 3.3 is covered under Section 11  Section 3.4 is covered under Section 2.2.2  Section 3.5 is covered under Section 14.1  Section 4.1 is covered under Section 6.1  Section 4.2 is covered under Section 6.3  Section 4.3 is covered under Section 6.3.2  Section 4.4 is covered under Section 7.1  Section 4.5 is covered under Section 6.4  Section 5.1 is covered under Section 7.2  Section 5.3 is covered under Section 7.4 Municipality of Clarington Page 4 Report CAO-014-25  Section 5.5 is covered under Section 7.5  Section 5.11 is covered under Section 7.10  Section 5.12 is covered under Section 7.11  Section 6.2 is covered under Section 8.1  Section 6.4 is covered under Section 8.3  Section 6.5 is covered under Section 8.4  Section 6.6 is covered under Section 8.5  Section 7.1 is covered under Section 9.1  Section 9.1 is covered under Section 10.1 2.9 Some sections within Policy F110 have been expanded and some sections have been removed. Table 1 identifies the Sections, the changes and the rationale: Table 1 Policy F110 Proposed Policy 5.2 Photographs produced for, and owned by, the Municipality may not be used for any election purposes. This section has been updated to include all forms of media that are produced and owned by the Municipality. This does not interfere with the ability to share information per section 7.9 and 7.10. 7.3 Photographs, images, illustrations, or videos produced for, and owned by, the Municipality shall not be used in campaign materials. Municipality of Clarington Page 5 Report CAO-014-25 Policy F110 Proposed Policy 5.4 The Clerk may develop and distribute information through various means for the purpose of advising and educating electors. Candidates or Registered Third Parties are permitted to promote and distribute election information provided by the Clerk, provided that such information is not modified in any way. The first sentence is not required as the Clerk has this power under the MEA. The second sentence was rolled into 7.4.1. 5.6 Distribution lists or contact lists developed utilizing Corporate Resources and in the custody and control of the Municipality shall not be utilized for election purposes. This section has been removed and replaced with Section 6.2 which reads: Corporate Information, with the exception of those specifically made for the use of candidates and registered third party advertisers, may not be used by any candidate, registered third party advertiser or political party, unless the database has already been released for public use. This definition is now broader and applies to more than distribution lists and contact lists which removes the need for a stand alone Section. Municipality of Clarington Page 6 Report CAO-014-25 Policy F110 Proposed Policy 5.7 The following shall be discontinued for Members of Council from the day prior to Nomination Day in a municipal election year to Voting Day: All printing, high speed photocopying and distribution, including printing and general distribution of newsletters unless so directed and approved by Council, and The ordering of business cards and stationery. The following two sections have been expanded and broken into two sections for clarity and consistency with other sections in this Policy. 7.6 The following municipally funded services shall not be used for campaigning or campaign materials: 7.6.1 All printing, photocopying and distribution services, including but not limited to the printing and general distribution of newsletters and new resident letters; and 7.6.2 all forms of advertising, including advertising in any Clarington publication. 7.7 The following shall be discontinued for Members during the election period: 7.7.1 The ordering of business cards and stationery; and 7.7.2 The ordering of technology or office furnishings, unless it is a replacement for technology or office furnishings that have ceased functioning or has been approved by Council either directly or as part of an adopted Budget. Municipality of Clarington Page 7 Report CAO-014-25 Policy F110 Proposed Policy 5.8 Announcements and quotations by all Members of Council which normally may appear in all public communications from the Municipality as set forth in (i) to (iv) below shall be made by the CAO on behalf of the Municipality, and not a Member of Council, and none of the following shall include photographs of any Member of Council: (i) the quarterly update of local Municipal news containing Council decisions and major news stories; (ii) all municipally sponsored advertising; (iii) all news releases from the Municipality; unless same is required as part of Clarington’s emergency bylaws. This section has been removed as Council Policy does not supersede the authorities provided to the Mayor under the Municipal Act. Additionally, the sub items are either not applicable or covered elsewhere. 5.9 Any corporate editorial columns (i.e. Mayor’s Column or Councillor’s Column) prepared or assisted by corporate staff shall be discontinued as of January 1st in a regular municipal election year. This section has been removed as Council Policy does not supersede the authorities provided to the Mayor under the Municipal Act. We could leave Councillor’s in but it is not relevant as currently the service level does not involve support for Councillor’s in this manner. 6.3 All Candidates and Registered Third Parties must adhere to the provisions set out in any other Municipal Policies pertaining to Municipal Facilities/Buildings. Removed. This section is redundant and not required. Municipality of Clarington Page 8 Report CAO-014-25 Policy F110 Proposed Policy 6.7 The rental, to candidates or Registered Third Parties of advertising space on arena boards and lobby monitors, or any other municipal social media site, is prohibited. Notwithstanding,  Section 6.5 does not prohibit the erection of a temporary election or campaign signs on municipal land in accordance with the Municipality’s Election Sign By-law.  Campaigning on public sidewalks and highways is permitted, provided that it is in compliance with prevailing legislation and Municipal by-laws.  Sections 6.4 and 6.5 do not prohibit a candidate or external organization or Registered Third Party from renting space within a municipal facility/building (other than the Municipal Administrative Centre, Clarington Library facilities and the Museum Buildings) for election related purposes. If a municipal facility/building is rented, campaigning and the distribution or display of campaign materials is only permitted during the rental period and only within the rented area. This exception does not apply to Section 6.6. Vehicle and/or mobile signs may be displayed as per the Municipality’s Election Sign By-law. Sections 8.4.1, 8.4.2 and 8.6 with the exception of the following that have been removed: • Campaigning on public sidewalks and highways is permitted, provided that it is in compliance with prevailing legislation and Municipal by-laws. Vehicle and/or mobile signs may be displayed as per the Municipality’s Election Sign By-law. Municipality of Clarington Page 9 Report CAO-014-25 Policy F110 Proposed Policy 8.1 The Municipality’s appointed Integrity Commissioner is considered to be a Corporate Resource, under contract with the Municipality and may receive, from time to time, compensation from the Municipality in accordance with services provided. This statement has been removed as it is not pertinent as the restrictions regarding the Integrity Commissioner are detailed in the Municipal Act. 8.2 Members of Council shall not use the services of the Municipality’s Integrity Commissioner during the Election Period for the purposes of seeking advice related to their Campaign. This section has been removed as it is not required as it is detailed in the MEA. 2.10 There are eight suggested additions to the Policy illustrated in Table 2 below with the rationale. Table 2 Proposed Policy Rationale Section 5.2: To ensure compliance with the MEA and the purpose of this Policy, the provisions of this Policy, as they pertain to any Member, shall supersede the provisions of any other Municipality of Clarington policy, procedure, practice or guideline applying to that Member. This section has been added for clarity on expectations. Municipality of Clarington Page 10 Report CAO-014-25 Proposed Policy Rationale Section 7.8: In any material printed or distributed by the Municipality of Clarington, Members are not permitted to: 7.8.1. Illustrate that a person is a Candidate registered in any election; 7.8.2. Identify where a person will be running for office; or 7.8.3 Profile or refer to Candidates in any election. This section has been added for clarity as it is already the practice during the election period, but this reiterates the expectation. Section 8.7: A Candidate shall not rent a Municipal Facility to offer an unofficial Election Assistance Centre, including providing technology and/or assistance to voters in order to cast a ballot during the Voting Period. This section is proposed to avoid any perception of interference in an election. Section 8.8 In the event of a public debate hosted by a third party, a Clarington Facility may be used as the venue at the discretion of the Clerk, provided that full-market rental fees and rates for use of such Clarington facility and any other policy pertaining to the use of such facility are complied with, all registered Candidates within a single electoral race must be invited to attend such debate, and that the event meets any other requisite criteria established by the Clerk. This allows us to show support for debates within our facilities, while at the same time ensure that it is fair. Municipality of Clarington Page 11 Report CAO-014-25 Proposed Policy Rationale Section 9.2 No images that include Staff, in their professional capacity, shall be used in any Campaign Materials. This section has been added to protect Staff from being unfairly accused of endorsing a candidate. Section 9.3 No statements that indicate endorsement/support by Staff, in their professional capacity, shall be used in any Campaign Materials. This section has been added to protect Staff from inadvertently endorsing a Candidate in their “professional capacity”. Section 10: Section 10.2. MEA, s. 88.8 (9) states “For greater certainty, if a municipality or local board makes information available to the public on a website or in another electronic format, the provision of the information does not constitute a contribution to a candidate. Section 10.3 MEA s. 88.8 (10) states “Without limiting the generality of subsection (9), the information referred to in that subsection includes the following: 10.3.1 The phone number and email address provided by the candidate in the nomination filed under section 33. 10.3.2 A hyperlink to the candidate’s website. The Limitations section has been expanded to add Sections 10.2 and 10.3 for Clarity. This is in effect given the authority provided to the Clerk under the MEA. Municipality of Clarington Page 12 Report CAO-014-25 Proposed Policy Rationale Section 11 of the proposed policy articulates Remedies. The existing policy does not have a section for remedies, it has a broad statement under Section 3.3. For clarity, the proposed policy has added this new section and is consistent with the authorities afforded to the Clerk under the MEA. 3. Financial Considerations Not Applicable. 4. Strategic Plan 5. To be a leader in the delivery of efficient, effective and meaningful municipal services. 6. Climate Change Not Applicable. 7. Concurrence Not Applicable. 8. Conclusion It is respectfully recommended that Council repeal Policy F110 and replace with the draft Policy attached. Staff Contact: Mary-Anne Dempster, Chief Administrative Officer mdempster@clarington.net Attachments: Attachment 1 – Draft by-law containing an updated Use of Corporate Resources for Election Purposes Policy Attachment 2 – Existing Policy F110 Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report CAO-014-25 Use of Corporate Resources for Election Purposes Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to adopt the Use of Corporate Resources for Election Purposes Policy, and Repeal By-law 2021-091. Whereas Sub-section 88.18 of the Municipal Elections Act, 1996, as amended, (the Act) states that, before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period; Whereas Sub-section 88.15 (1) of the Act states that money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person's direction, are contributions; Whereas Section 88.8 (4) 5 of the Act states that a municipality or local board shall not make a contribution to the election campaign of a candidate; Whereas Council had previously passed By-law 2021-091 adopting the "Use of Corporate Resources for Election Purposes Policy"; and Whereas the Council of the Municipality of Clarington deems it necessary to update the "Use of Corporate Resources for Election Purposes Policy". Now Therefore the Council of the Municipality of Clarington enacts as follows: 1. That the attached Policy Statement in respect to the Use of Corporate Resources for Election Purposes be adopted to replace the Policy Statement forming part of By-law 2021-091. 2. That Attachment 1, Policy CP-032, forms part of this By-law. 3. That By-law 2021-091 be repealed. 4. That this by-law shall come into force and effect on the date of passing. Passed in Open Council this 22nd day of September, 2025. Adrian Foster, Mayor June Gallagher, Municipal Clerk Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 2 of 13 Attachment 1 to By-law Number: CP-032 Title: Use of Corporate Resources for Election Purposes Type: Elections Sub-type: Resources Owner: CAO Office Approved By: Council Approval Date: September 8, 2025 Effective Date: September 8, 2025 Revised Date: September 8, 2025 Applicable to: All Staff and Members of Council 1. Legislative or Administrative Authority: 1.1. Subsection 88.8(4)(5) of the Municipal Elections Act (MEA) states that “the following persons and entities shall not make a contribution: The Crown in right of Canada or Ontario, a municipality or a local board.” 1.2. Section 88.18 of the MEA states that “before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period.” 2. Purpose: 2.1. To create rules and procedures for the use of Corporate Resources for election-related purposes during the Election Period. 2.2. All provisions contained within this policy shall serve to ensure a fair and transparent election process, while maintaining that: 2.2.1. Corporate Resources shall not be used during an Election Period to promote or provide an unfair advantage to any Candidate, political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot; and 2.2.2. Members shall not be precluded from performing their duties as an elected Official, nor inhibited from representing the interests of their constituents . Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 3 of 13 Attachment 1 to By-law 3. Scope: 3.1. This policy applies to all Staff of the Municipality of Clarington, and authorizes Staff to impose the rules and procedures, stated within, on all Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf. 3.2. This Policy applies to Members, including a Member not seeking re -election, Staff, Candidates and Acclaimed Candidates. 4. Definitions: 4.1. Acclaimed Candidate means a candidate elected by acclamation pursuant to section 37 of the MEA. 4.2. By-election means an election held in accordance with section 65 of the MEA. 4.3. Campaign(ing) means any activity by, or on behalf of a Candidate, political party, constituency association, Registered Third Party, or question on a ballot that has the effect of advancing a Candidate’s political objectives during an Election Period. 4.4. Campaign Materials means any materials used to solicit votes for a Candidate(s) or question during the Election Period including, but not limited to, literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign Materials include materials in all media, for example, print, displays, electronic, radio or television, online including websites or social media. 4.5. Candidate means any person who has filed, and not withdrawn a nomination, in a municipal, school board, provincial or federal election or by-election, or a candidate seeking nomination for a political party. Where referred to in this Policy, the term Candidate can also be substituted to read political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot. 4.6. Clerk means the Municipal Clerk of the Municipality of Clarington, or their delegate. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 4 of 13 Attachment 1 to By-law 4.7. Corporate Resource means tangible and intangible goods and/or services owned, controlled, leased, acquired, or operated by Clarington including but not limited to furnishings, materials, equipment, monetary funds (including any budget allocated to a Member), staff resources, Corporate Information, Clarington facilities, Information Technology, or any other property of the Municipality of Clarington. 4.8. Corporate Information means any information in the custody and control of the Municipality, including databases that may be the repository of names, contact information, business records, financial information or other identifiers compiled and used by Municipal employees to co nduct municipal business. Examples of municipal databases include: grant recipients, lists of event attendees, and resident association lists. Constituent information collected by Members is not under the custody and control of the Municipality and are not considered municipal information for the purposes of this Policy. 4.9. Council means the Council of the Municipality of Clarington. 4.10. Election Assistance Centre (EAC) means a building/property, location, structure, or grounds/part of a building/property, or other facility designated by the Municipal Clerk at which eligible voters may attend in-person to seek assistance with voting and/or to vote in the Municipal Elections. The boundaries of the EAC are the boundaries of the property where the EAC is located, and this includes the parking lot. EACs have the same meaning as “Voting Locations” as defined in the MEA. 4.11. Election Period means the official Campaign period of an election for:  A municipal or school board election; the Election Period commences on the first day prescribed for the filing of nominations in accordance with the MEA and ends the day following Voting Day.  A provincial or federal election; the Election Period commences the day the writ for the election is issued and ends the day following Voting Day.  A nomination for a political party, the Election Period is the nomination contesting period as determined by the Party.  A question on the ballot; the period commences the day Council passes a by-law to put a question to the electorate and ends the day following Voting Day. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 5 of 13 Attachment 1 to By-law  A municipal or school board by-election; the period commences on the first day nominations may be filed and ends the day following Voting Day. 4.12. Information Technology means the systems, hardware, software, networks, and processes used to create, store, manage, and exchange information within the organization. 4.13. Local Board has the same meaning as found in Section 1 of the MEA. 4.14. MEA means the Municipal Elections Act, 1996, as amended, S.O. 1996, c. 32, Sched. 4.15. Member means a person who has been elected or appointed to an Office on Council or local board and is in that position during the Election Period. 4.16. Member of Council means a person who has been elected or appointed to the Council of the Municipality of Clarington. 4.17. Municipal Facility/Building means all lands, buildings, and other structures owned, leased, operated or otherwise controlled by the Municipality of Clarington or Clarington local board, and things growing upon or affixed thereto, including, but not limited to, all Clarington administrative offices, operation centres, community centres, parks and sports fields, libraries and highways. 4.18. Newsletter means a publication produced and distributed by or on behalf of a Member, using any Corporate Resources, to provide information to residents. 4.19. Office means the authority and duties attached to the position of being an elected member of Council. 4.20. Policy means this Use of Corporate Resources for Election Purposes Policy. 4.21. Registered Third Party shall have the same meaning as “Registered Third Party” as found in the Municipal Elections Act, 1996 or the term “Third Party” as defined in section 1 of the Election Finances Act (Ontario) and Canada Elections Act, as the context requires. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 6 of 13 Attachment 1 to By-law 4.22. Staff means all full-time and part-time persons hired by the Municipality of Clarington, including union and non-union employees, administrative Staff, contract and temporary employees, students, secondments, co-op placement Staff, volunteers, hired contractors, members of Clarington Professional Fire Fighters Association. 4.23. Voting Day means the day on which the final vote is to be taken in an election as defined by the appropriate legislation. 5. General: 5.1. No person shall use any Corporate Resources for Campaigning or Campaign Materials. 5.2. To ensure compliance with the MEA and the purpose of this Policy, the provisions of this Policy, as they pertain to any Member, shall supersede the provisions of any other Municipality of Clarington policy, procedure, practice or guideline applying to that Member. 6. Corporate Resources – Technology 6.1. Members are provided access to corporate Information Technology assets to fulfill their duties and responsibilities as an elected official but shall not use those corporate Information Technology assets for Campaigning or the development of Campaign Materials 6.2. Corporate Information, with the exception of those specifically made for the use of candidates and registered third party advertisers, may not be used by any candidate, registered third party advertiser or political party, unless the database has already been released for public use. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 7 of 13 Attachment 1 to By-law 6.3. Websites or domain names or other social media sites that are, in whole or in part, funded by the Municipality of Clarington and/or maintained (including the posting of content) by the Municipality of Clarington Staff shall not be used for campaigning and shall not include any campaign material, nor provide links to websites, domains or social media that include campaign material. The Municipality’s official election website or webpages will provide Candidate contact information, including a link to a Candidate’s website, but shall in no way endorse any Candidate. 6.3.1. Notwithstanding the foregoing, a Candidate or Registered Third Party Advertiser may provide a link to the Municipality’s official election website or webpages in their campaign materials for electors to access additional information about the election and the voting process. 6.4. Once a Member of Council registers to be a Candidate, any links from a Municipal website or social media account to the Member’s website or social media pages will be removed from the Municipality’s webpages. 6.4.1. Notwithstanding the foregoing, information contained on the “Personal Information Release Form - Candidate Consent”, as part of the nomination process, may be included on the Clarington Elections webpage(s). 6.5. The Municipality’s voicemail system shall not be used to record campaign - related messages and the computer network, including the email system, shall not be used to distribute Campaign Materials. 7. Corporate Resources – Communications 7.1. During the election period, Mayor and Council biographies on the Municipal website shall be reduced to council-related contact information only. 7.2. Members are responsible to ensure that they do not use Council portraits funded by the Municipality, either as a corporate or Member expense, in Campaign Materials. 7.3. Photographs, images, illustrations, or videos produced for, and owned by, the Municipality shall not be used in campaign materials. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 8 of 13 Attachment 1 to By-law 7.4. Candidates or Registered Third Parties shall not print, distribute, or make reference to, any of the Municipality’s email addresses, telephone numbers, or facility addresses on any Campaign Materials. 7.4.1. Notwithstanding the foregoing, Candidates or Registered Third Parties may provide the election telephone number, election email address, or a link to the Municipality’s official election website or webpages in Campaign Materia ls for electors to access additional information about the election and the voting process provided that such information is not modified in any way. References to municipal facilities may be used with regard to debates at Municipal Facilities or if the Municipal Facility has been rented in accordance with this and any other relevant Policy. 7.5. The Municipality’s logo, crest, coat of arms, slogan, and brand etc. owned or under the jurisdiction of the Municipality, shall not be used in any Campaign Materials. 7.5.1. Notwithstanding the foregoing, Candidates or Registered Third Parties may capture their own photos of Municipal property for use in Campaign Material s, provided the photo is taken from a publicly accessible area, and does not contain a Municipal sign, logo, crest, coat of arms, slogan or brand. 7.6. The following municipally funded services shall not be used for campaigning or campaign materials: 7.6.1. All printing, photocopying and distribution services, including but not limited to the printing and general distribution of newsletters and new resident letters; and 7.6.2. All forms of advertising, including advertising in any Clarington publication . 7.7. The following shall be discontinued for Members during the election period: 7.7.1. The ordering of business cards and stationery; and 7.7.2. The ordering of technology or office furnishings, unless it is a replacement for technology or office furnishings that have ceased functioning or has been approved by Council either directly or as part of an adopted Budget . 7.8. In any material printed or distributed by the Municipality of Clarington, Members are not permitted to: Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 9 of 13 Attachment 1 to By-law 7.8.1. Illustrate that a person is a Candidate registered in any election; 7.8.2. Identify where a person will be running for office; or 7.8.3. Profile or refer to Candidates in any election. 7.9. Corporate Resources that have been published to the Municipal website may be linked on Candidate and Registered Third Parties’ websites, but may not be housed on the candidate website, and may not be taken out of context/modified/reproduced for use in any campaign materials. 7.10. Messages posted to the Municipal social media accounts may be shared by a candidate to their personal or campaign social media accounts using social media official channels and not partially reproduced. 8. Corporate Resources – Municipality Facilities / Buildings 8.1. Candidates or Registered Third Parties are prohibited from renting space (e.g., a booth) as part of a Municipally organized event, during the election period. 8.2. Candidates, registered third party advertisers or political parties are permitted to attend Municipal events, or events held at Municipal facilities, in either their capacity as elected representatives or as private citizens, but shall not campaign. No campaign materials may be disseminated at Municipal events. Elected officials are permitted to attend Municipally-organized events or events held on Municipal facilities and act as ceremonial participants in their capacity as elected officials, including speaking at the event and partaking in ceremonial activities. 8.3. Members, Registered Third Parties, and Candidates shall not use their constituency office, municipal or any municipally provided facilities for any Campaigning, which includes the display of any campaign-related signs in the window or on the premises, as well as the display of Campaign material in the office. 8.4. Campaigning and the distribution or display of campaign material is not permitted in any municipal or local board facility, on municipal land, or at municipal or local board event including any municipal or board meeting. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 10 of 13 Attachment 1 to By-law 8.4.1. Notwithstanding, section 8.4 does not prohibit the erection of temporary election or campaign signs on municipal land in accordance with the Municipality’s Election Sign By-law. 8.4.2. Section 8.4 does not prohibit a candidate or external organization or Registered Third Party from renting space within a municipal facility/building (other than the Municipal Administrative Centre, Clarington Library facilities and the Museum Buildings) for a Campaign event provided they have paid full- market rental fees and rates for use of such Clarington facility, and have otherwise complied with any other policy pertaining to the use of such facility. If a municipal facility/building is rented, campaigning and the distribution or display of campaign materials is only permitted during the rental period and only within the rented area. This exception does not apply to Section 8.5. 8.5. Candidates or Registered Third Parties are prohibited from using a Municipal Facility/Building as a campaign office. 8.6. The rental, to candidates or Registered Third Parties of advertising space on arena boards and lobby monitors, or any municipal social media site, is prohibited. 8.7. A Candidate shall not rent a Municipal Facility to offer an unofficial Election Assistance Centre, including providing technology and/or assistance to voters in order to cast a ballot during the Voting Period. 8.8. In the event of a public debate hosted by a third party, a Clarington Facility may be used as the venue at the discretion of the Clerk, provided that full- market rental fees and rates for use of such Clarington facility and any other policy pertaining to the use of such facility are complied with, all registered Candidates within a single electoral race must be invited to attend such debate, and that the event meets any other requisite criteria established by the Clerk. 9. Municipality Staff 9.1. Municipal Staff are prohibited from using Corporate Resources and Information for the benefit of a Candidate or Campaign. The Employee Code of Ethics Policy also sets out the rules for participation in political activities by staff. 9.2. No images that include Staff, in their professional capacity, shall be used in any Campaign Materials. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 11 of 13 Attachment 1 to By-law 9.3. No statements that indicate endorsement/support by Staff, in their professional capacity, shall be used in any Campaign Materials. 10. Limitation 10.1. Nothing in this Policy shall prohibit a Member from performing their job as a Member, nor inhibit them from representing the interests of the constituents who elected them. 10.2. Nothing in this Policy shall preclude Staff from exercising their civic right and duty to participate in an election process, including a municipal election process, as a private citizen, except as provided for in the Clarington Employee Code of Ethics Policy. 10.3. Nothing in this Policy shall prevent the Clerk from using Corporate Resources and Information for conducting an election in accordance with the MEA, including but not limited to, providing notices that are either required by legislation, or are to provide information to electors or Candidates, or the publishing of Candidate information on the Clarington Elections webpage(s). 10.4. MEA, s. 88.8 (9) states “For greater certainty, if a municipality or local board makes information available to the public on a website or in another electronic format, the provision of the information does not constitute a contribution to a candidate. 10.5. MEA s. 88.8 (10) states “Without limiting the generality of subsection (9), the information referred to in that subsection includes the following: 10.5.1. The phone number and email address provided by the candidate in the nomination filed under section 33. 10.5.2. A hyperlink to the candidate’s website. 11. Remedies 11.1. The Clerk or any person authorized by the Clerk will remove any campaign materials from municipal property that are placed in contravention of this policy. 11.2. In accordance with section 12 of the MEA, the Clerk may provide for any matter, in the Clerk’s opinion, is necessary or desirable for conducting the election. Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 12 of 13 Attachment 1 to By-law 11.3. A Member of Council should be aware that non-compliance with this Policy may be contrary to the MEA, in particular section 88.8(7), “A contribution may be accepted only from a person or entity that is entitled to make a contribution.” Contraventions may be subject to review by the compliance audit committee appointed pursuant to Section 88.37 of the MEA. 12. Roles and Responsibilities: 12.1. Council is responsible for: 12.1.1. Approving this policy. 12.2. A Member is responsible for: 12.2.1. Complying with this Policy. 12.2.2. Ensuring that any Staff who supports the Member in the performance of their duties, or any such Staff whose work is directed by that Member, are complying with this Policy. 12.3. Municipal Clerk is responsible for: 12.3.1. Interpreting and administering this policy and providing any related procedures deemed necessary or desirable for conducting an election. 12.4. All Staff are responsible for: 12.4.1. Ensuring that Corporate Resources, as identified by this Policy, are not used for campaigning. 12.5. Candidates and Registered Third Parties are responsible for: 12.5.1. Complying with this policy. 13. Related Documents: 13.1. Council Code of Conduct Council Policy 13.2. Council-Staff Relations Council Policy 13.3. Display of Material in Municipal Buildings Management Directive 13.4. Employee Code of Ethics Council Policy Council Policy If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Page 13 of 13 Attachment 1 to By-law 13.5. Use of Corporate Logo by Members of Council Policy 14. Inquiries: 14.1. Municipal Clerk – clerks@clarington.net. 15. Revision History: Date Description of Changes Approved By January 25, 2010 Initial Policy, as per Report CLD-002-10 By-law 2010-010 April 9, 2018 Revised, as per Addendum to Report CLD- 008-18 By-law 2018-028 November 22, 2021 Revised, as per Report LGS-027-21 (mainly adding Registered Third Parties) By-law 2021-091 DATE Revised, as per Report CAO-014-25 Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 1 of 10 POLICY TYPE: Operational SUBSECTION: Building / Grounds / Parking / Equipment - Access & Use POLICY TITLE: Use of Corporate Resources for Election Purposes POLICY #: F110 POLICY APPROVED BY: Council EFFECTIVE DATE: April 9, 2018 REVISED: November 22, 2021 APPLICABLE TO: All Employees, Candidates, Registered Third Parties, Council, Clarington Local Boards Policy Statement The Municipal Elections Act (MEA), the Election Finances Act (Ontario), and the Canada Elections Act prohibit the Municipality from making contributions in any form to a Candidate or Registered Third Party. All provisions contained within this policy shall serve to ensure the protection of freedom of expression while maintaining that:  Corporate Resources shall not be used during an Election Period to promote or provide an unfair advantage to any Candidate, political party, constituency association, Registered Third Party, or a person or group supporting or opposi ng a question on a ballot;  Members of Council shall not be precluded from performing their duties as an elected Official, nor inhibited from representing the interests of their constituents; and,  Information and communication related to an election shall continue to be open and accessible to the public with content to be produced, and approved, by Clarington’s Corporate Communications Division, in conjunction with the Clerk’s Division. Purpose The purpose of this policy is to create guidelines in the Municipality of Clarington for all Candidates running for an elected office and Registered Third Parties during the Election Period and to establish parameters on the use of Corporate Resources for election related purposes. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 2 of 10 Scope This policy applies to all employees of the Municipality, Candidates, political parties, constituency associations, Registered Third Parties, and persons or groups supporting or opposing a question on a ballot, as well as anyone acting on their behalf. Index 1. Definitions 2. Responsibilities 3. General Provisions 4. Corporate Resources – Technology 5. Corporate Resources – Communications 6. Corporate Resources – Municipal Facilities 7. Municipal Staff 8. Integrity Commissioner 9. Limitation 1 Definitions 1.1 Campaign(ing) means any activity by, or on behalf of a Candidate, political party, constituency association, Registered Third Party, or question on a ballot meant to elicit support during the Election Period. This does not include the appearance of elected officials, other candidates or their supporters, or registrants at an event in their personal capacity without the display of any signage or graphics which identify the individual as a candidate or registrant without the solicitation of votes. 1.2 Campaign Materials means any materials used to solicit votes for a Candidate(s) or question during the Election Period including, but not limited to, literature, banners, posters, pictures, buttons, clothing, or other paraphernalia. Campaign Materials include materials in all media, for example, print, displays, electronic radio or television, online including websites or social media. 1.3 Candidate means any person who has filed, and not withdrawn a nomination, in a municipal, school board, provincial or federal election or by-election, or a candidate seeking nomination for a political party. Where referred to in this Policy, the term Candidate can also be substituted to read political party, constituency association, Registered Third Party, or a person or group supporting or opposing a question on a ballot. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 3 of 10 1.4 Corporate Resource means items, staff, services, or resources which are the property of the Municipality of Clarington including, but not limited to: materials, equipment, vehicles, facilities, land, technology (computers, smartphones, tablets, etc.), intellectual property, images, logos, and supplies. Working hours, the time where the Municipality pays its employees to complete certain duties or tasks, is also considered to be a Corporate Resource. 1.5 Election Period means the official Campaign period of an election for:  A municipal or school board election; the Election Period commences on the first day prescribed for the filing of nominations in accordance with the MEA and ends on voting day.  A provincial or federal election; the Election Period commences the day the writ for the election is issued and ends on voting day.  A nomination for a political party, the Election Pe riod is the nomination contesting period as determined by the Party.  A question on the ballot; the period commences the day Council passes a by-law to put a question to the electorate and ends on voting day.  A municipal or school board by-election; the period commences on the first day nominations may be filed and ends on voting day. 1.6 Local Board has the same meaning as found in Section 1 of the Municipal Act, 2001. 1.7 MEA means the Municipal Elections Act, 1996, as amended, S.O. 1996, c. 32, Sched. 1.8 Municipal Facility/Building means any building or facility owned or operated by the Municipality of Clarington or Clarington local board. 1.9 Registered Third Party shall have the same meaning as “Registered Third Party” as found in section of the Municipal Elections Act, 1996 or the term “Third Party” as defined in section 1 of the Election Finances Act (Ontario) and Canada Elections Act, as the context requires. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 4 of 10 2 Responsibilities 2.1 Candidates and Registered Third Parties to:  Adhere to the guidelines and parameters established by this policy. 2.2 Municipal Clerk to:  Administer this policy and provide any related procedures as deemed necessary or desirable for conducting an election. 2.3 Municipal Staff to:  Ensure that Corporate Resources, as identified by this Policy, are not used for campaigning. 3 General Provisions In accordance with the spirit and intent of the election related legislation, 3.1 Corporate Resources and funding shall not be used by a Candidate or Registered Third Party for Campaigning or election-related purposes. 3.2 This Policy also applies to an acclaimed Member or a Member not seeking re- election. 3.3 The Municipal Clerk is authorized, and directed to take the necessary action, to give effect to this Policy. 3.4 This Policy does not preclude a Member of Council from performing their duties as a Councillor, nor inhibit a Member of Council from representing the interests of their constituents. 3.5 Individuals who have questions about this Policy are encouraged to cont act the Municipal Clerk to obtain further clarification. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 5 of 10 4 Corporate Resources – Technology Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate technology resources: 4.1 Members of Council are provided access to corporate information technology (I.T.) assets to fulfill their duties and responsibilities as an elected official but may not use those assets for Campaigning or the development of Campaign Materials. This includes, but is not limited to, functionality through municipally issued smartphones such as calendar, email, texts, etc. 4.2 Websites or domain names that are funded by the Municipality of Clarington may not be used for campaigning. The Municipality’s official e lection website or webpages will provide Candidate contact information, including a link to a Candidate’s website, but shall in no way endorse any Candidate. Notwithstanding, a Candidate or Third Party Advertiser may provide a link to the Municipality’s official election website or webpages in their campaign materials for electors to access additional information about the election and the voting process. 4.3 Once a Member of Council registers to be a Candidate, any links from a Municipal website or social media account to his or her website or social media pages will be removed from the Municipality’s webpages if the Member’s website or social media page contains or will contain Campaign Material. Notwithstanding the foregoing, information contained on the “Personal Information Release Form - Candidate Consent”, as part of the nomination process, may be included on the Clarington Elections webpage(s). 4.4 During the election period, Mayor and Council biographies on the Municipal website shall be reduced to council-related contact information only. 4.5 The Municipality’s voicemail system shall not be used by Candidates to record campaign-related messages nor shall the computer network, including the email system, be used to distribute campaign-related correspondence. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 6 of 10 5 Corporate Resources - Communications Further to Section 3.1 above, the following is provided for greater clarity when considering the use of corporate communication resources: 5.1 Members of Council may not use Council portraits funded by the Municipality, either as a corporate or Member expense, in Campaign Materials. 5.2 Photographs produced for, and owned by, the Municipality may not be used for any election purposes. 5.3 Candidates or Registered Third Parties may not print, distribute, or make reference to any of the Municipality’s email addresses, telephone numbers, or facility addresses on any Campaign Materials. Notwithstanding the foregoing, Candidates or Registered Third Parties may provide the election telephone number, election email address, or a link to the Municipality’s official election website or webpages in Campaign Materials for electors to access additional information about the election and the voting process (see also Section 4.2). 5.4 The Clerk may develop and distribute information through various means for the purpose of advising and educating electors. Candidates or Registered Third Parties are permitted to promote and distribute election information provided by the Clerk, provided that such information is not modified in any way. 5.5 The Municipality’s logo, crest, coat of arms, and slogans, or any other images or illustrations or videos owned or under the jurisdiction of the Municipality, may not be used in any Campaign Materials. As per the Use of Corporate Logo by Members of Council Policy (see Report COD-030-11), the logo or any related material shall not be available for use as of January 1st in a regular municipal election year. Notwithstanding the foregoing, Candidates or Registered Third Parties may capture their own photos of Municipal property for use in Campaign Material, provided the photo is taken from a publicly accessible area, and does not contain a Municipal sign, logo, crest, coat of arms or slogan in the background. 5.6 Distribution lists or contact lists developed utilizing Corporate Resources and in the custody and control of the Municipality shall not be utilized for ele ction purposes. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 7 of 10 5.7 The following shall be discontinued for Members of Council from the day prior to Nomination Day in a municipal election year to Voting Day:  All printing, high speed photocopying and distribution, including printing and general distribution of newsletters unless so directed and approved by Council, and  The ordering of business cards and stationery. 5.8 Announcements and quotations by all Members of Council which normally may appear in all public communications from the Municipality as set forth in (i) to (iv) below shall be made by the CAO on behalf of the Municipality, and not a Member of Council, and none of the following shall include photographs of any Member of Council: (i) the quarterly update of local Municipal news containing Council decisions and major news stories; (ii) all municipally sponsored advertising; (iii) all news releases from the Municipality; unless same is required as part of Clarington’s emergency bylaws. 5.9 Any corporate editorial columns (i.e. Mayor’s Column or Councillor’s Column) prepared or assisted by corporate staff shall be discontinued as of January 1st in a regular municipal election year. 5.10 Members of Council may not:  Print, post or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office,  Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election,  Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections (minutes of Municipal Council and Committee meetings are exempt from this policy). Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 8 of 10 5.11 Municipal resources that have been published to the Municipal website (e.g., strategic plans, staff reports, minutes, agendas, press releases) may be linked on Candidate and Registered Third Parties’ websites, but may not be housed on the candidate website, and may not be taken out of context/modified/reproduced for use in any campaign related material. 5.12 Messages posted to the Municipal social media accounts (including Facebook and Twitter) may be shared in the case of Facebook or re-tweeted on Twitter by a candidate to their personal or campaign social media accounts using social media official channels and not partially reproduced. 6 Corporate Resources - Municipality Facilities/Buildings Further to Section 3.1 above, the following is provided for greater clarity when considering the use of Municipal Facilities/Buildings, including Municipality owned or leased lands, as Corporate Resources: 6.1 Any Candidate may attend any public Standing Committee, Advisory Committee or Council meeting; however, they shall not use this forum to speak on, or address, any matter relating to their Campaign. 6.2 Candidates or Registered Third Parties are prohibited from renting space (e.g., a booth) as part of a Municipally organized event. 6.3 All Candidates and Registered Third Parties must adhere to the provisions set out in any other Municipal Policies pertaining to Municipal Facilities/Buildings. 6.4 Members of Council, Registered Third Parties, and Candidates may not use their constituency office, municipal or any municipally provided facilities for any election- related purpose, which includes the display of any campaign-related signs in the window or on the premises, as well as the display of e lection-related material in the office. 6.5 Campaigning and the distribution or display of campaign material is not permitted in any municipal or local board facility, on municipal land, or at municipal or local board event including any municipal or board meeting. 6.6 Candidates or Registered Third Parties are prohibited from using a Municipal Facility/Building as a campaign office. 6.7 The rental, to candidates or Registered Third Parties of advertising space on arena boards and lobby monitors, or any other municipal social media site, is prohibited. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 9 of 10 Notwithstanding,  Section 6.5 does not prohibit the erection of a temporary election or campaign signs on municipal land in accordance with the Municipality’s Election Sign By- law.  Campaigning on public sidewalks and highways is permitted, provided that it is in compliance with prevailing legislation and Municipal by-laws.  Sections 6.4 and 6.5 do not prohibit a candidate or external organization or Registered Third Party from renting space within a municipal facility/building (other than the Municipal Administrative Centre, Clarington Library facilities and the Museum Buildings) for election related purposes. If a municipal facility/building is rented, campaigning and the distribution or display of campaign materials is only permitted during the rental period and only within the rented area. This exception does not apply to Section 6.6.  Vehicle and/or mobile signs may be displayed as per the Municipality’s Election Sign By-law. 7 Municipality Staff 7.1 In accordance with the Policy E1 - Employee Code of Ethics, Municipal Staff are prohibited from using Corporate Resources for the benefit of a Candidate or Campaign. Policy E1 also sets out the rules for participation in political activities by staff. 8 Integrity Commissioner 8.1 The Municipality’s appointed Integrity Commissioner is considered to be a Corporate Resource, under contract with the Municipality and may receive, from time to time, compensation from the Municipality in accordance with services provided. 8.2 Members of Council shall not use the services of the Municipality’s Integrity Commissioner during the Election Period for the purposes of seeking advice related to their Campaign. Attachment 2 to Report CAO-014-25 Corporate Policy If this information is required in an alternate format, please contact the Accessibility Co - ordinator at 905-623-3379 ext. 2131 F110 – Use of Corporate Resources for Election Purposes Page 10 of 10 9 Limitation 9.1 Nothing in this Policy shall prohibit a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them. This policy is subject to the exception of Members’ actions associated with fulfilling their normal and ongoing representative roles as Members of Council (such as attending annual or regular scheduled events, up until the official end of the term they are serving.