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HomeMy WebLinkAboutUse of Corporate Resources for Campaign Purposes during an Election Year - ADM-ELE-226Page 1 of 8 POLICY ADM-ELE-226 Use of Corporate Resources for Campaign Purposes during an Election Year Category ADM - Administration Sub-category ELE - Election Approval Type COUNCIL Department/Division Corporate Services / Legislated Services Author and Position Director, Legislated Services Date Approved November 28, 2005 Last Reviewed/Amended April 13, 2026 Next Review Date April 13, 2031 Related Policies or Procedures • GOV-COU-005 Code of Conduct for Members of Council, Local Boards & Advisory Committees • GOV-COU-015 Corporate Accountability & Transparency • GOV-COU-025 Council Expense Reimbursement & Reporting Policy • HUM-WOR-046 Conflict of Interest • Municipal Elections Act, 1990, S.O. 1996, c. 32, Sched • Chapter 680 ‘Signs’ of the Municipal Code 1. Policy Purpose As per the Municipal Elections Act, 1996 (the Act) section 88.18, 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. The purpose of this Policy is to provide guidance to City staff, election candidates, third party advertisers, members of advisory committees and local boards, and the public regarding the use of City facilities and resources for campaigning and campaign -related activities, with respect to municipal, provincial and federal elections and by -elections. The Policy ensures a balance between political expression, the right to unobstructed use, operation and enjoyment of City facilities for recreational or non -political purpose, fair and equal campaigning, and unbiased election administration. 2. Definitions “Affiliated Groups” refers to voluntary, not-for-profit, non-partisan, non-denominational groups based in Kitchener that are formed to initiate and maintain a range of community based activities to improve the quality of life in the City, inclusive of and responsible to the needs of the community, open to the public through public contact and accountability. Page 2 of 8 “All-Candidates Debate(S)” refers to debate events organized and facilitated by sponsors where every registered candidate for the respective race has been invited, though not all may attend. An All-Candidate Debate does not include an organized group demonstration of support or opposition of a candidate. “Campaigning” refers to any and all forms of candidate and municipal question support or opposition, including, but not limited to: distribution of promotional material; display of placards; wearing of buttons or promotional clothing; posting of election or campaign si gns; surveys by candidates or candidate representatives; an organized group demonstration of support or opposition; and, any other related election campaign activity. “Campaign Period” for purposes of this policy, is defined as the interval of time wherein campaigning is permitted by law. In the case of federal and provincial elections, the period following the issuing of an Election Writ; in the case of municipal elections, the period between filing nomination for office and voting day, the latter being the fourth Monday in October. “Candidate” refers to a person who has filed a nomination to run in a municipal, provincial or federal election including acclaimed candidates. “Charitable Organization / Registered Charity” refers to an organization that has been formally approved by the Canada Revenue Agency (CRA) under the Income Tax Act. “City Of Kitchener” means The Corporation of the City of Kitchener. “City Facility” means any City-owned building, enclosure, and any recreation or commercial space. “Corporate Resources” include but are not limited to the Corporation’s intellectual property (crest, seal, logo, any photos or videos produced by City staff, including electronic images/videos), employees, advisory committee and local board members or volunteers, events, facilities, funds, non-disclosable information, equipment and technology systems, office supplies and services, and assets. “Election Sign” means a sign produced by a candidate or registered third party advertising any person or political party participating in an election for public office or a sign advertising a position on a plebiscite or municipal question. “Employees” means a union or non union employee hired by the City of Kitchener to perform work for a salary or wages, as outlined in their employment letter or Collective Agreement as well as members of the public hired as election officials. “Not For Profit” refers to an association or corporation committed to operating “exclusively for social welfare, civic improvement, pleasure, recreation, or any other purpose except profit. “Third Party Advertiser” means an individual, corporation or trade union that has filed a notice of registration with the Clerk in relation to the municipal election pursuant to the Act. “Volunteer” means a person who is approved by the City and acts on behalf of the City to Page 3 of 8 perform tasks within the scope of duties as directed and supervised by City staff who are responsible for all aspects of volunteer management (recruitment, screening, training, coaching, recognition). Volunteers do not receive monetary or in -kind compensation, with City budgets providing the necessary resources to conduct the role. Volunteers include citizen members appointed to advisory committees of council. “Voting Place” means any building used by the City of Kitchener as a location where voters can cast a ballot in the election. 3. Policy Scope This policy applies to campaigning in relation to school board, municipal (both upper and lower tier offices), provincial and federal elections. This policy is applicable to all candidates, registered third party advertisers, and all members of Council, including acclaimed members of Council and members of Council who have not yet filed nomination papers. This policy is also applicable to all staff of the City of Kitchener. This policy should be read and interpreted in concert with GOV-COU-005 Code of Conduct for Members of Council, Local Boards & Advisory Committees , as well as GOV-COU-025 Council Expense Reimbursement & Reporting Policy as it relates to the restriction period 60 days prior to and including Voting Day. The Policy does not preclude members of Council from performing their roles as members of Council or representing the interests of the constituents who elected them, including attending city-organized events and acting as participants in their capacity as elected officials, including speaking at the event and partaking in ceremonial activities, provided no campaigning occurs. Application ☒ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part- time, Casual, Probationary, Student, Management, Non-union) • All Employees ☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA) • Click or tap here to enter text. ☒ Council ☒ Specified Positions: Election Candidates, Third Party Advertisers ☒ Other: Local Boards and Advisory Committees 4. Policy Content 4.1. Use of City Assets and Facilities a) Candidates, registered third party advertisers and members of Council shall not use Corporate Resources for any election campaign-related purposes including endorsement of any candidate, registered third party or question on the ballot, including city-issued devices (e.g. computers, cell/smart phones, cameras, tablets, printers, scanners). Page 4 of 8 b) The City’s computer network and voice-mail systems may not be used to record or disseminate election campaign-related messages or correspondence. c) Corporate Resources shall not be used to produce alternative formats or communication supports for campaign information produced by a candidate, registered third party advertiser, or a current member of Council. d) No current member of Council shall benefit from the use of any corporate pricing established under the City of Kitchener’s purchasing policy for election use. e) Candidates, registered third party advertisers and members of council shall not use any City facilities for any election campaign-related purposes, except as noted below under “Exceptions for the Use of City Facilities”. f) Campaign material may be distributed to patrons outside of City facilities (with the exception of City Hall and Carl Zehr Square) provided this does not obstruct entry or exit from the facility by patrons using the facility, or otherwise obstruct any emergency exit. Such campaigning is not permitted anywhere within the confines of an enclosed entryway to a building, but must be limited to outside or exterior doorways or on other areas of the property where this does not pose a safety or other hazard. g) Campaigning is not permitted at any voting place on days when voting is taking place. h) Campaigning is not permitted when any function/event being hosted or sponsored, in whole or in party by the municipality, and is being held outside a City facility. i) Election signs, or other election campaign material including third party advertising may not be displayed in, or on the property of, any City -owned or run facilities or locations used as voting location when used for voting purposes in accordance with the Sign By-law (Chapter 680). 4.2. City Resources to support Members of Council a) Hosting of pre-existing (if its first occurrence was before the year in which the election is scheduled to take place) and regularly occurring events for constituents that are paid for using City funds are permitted to continue unless the event occurs in t he restricted “Blackout” period, 60 days prior to and including voting day. b) Members of Council may continue to use City resources to support promotional activities such as social media, creation or distribution of newsletters, so long as they existed prior to the year in which the election in scheduled to take place and they are not used for campaigning. 4.3. Exceptions for the Use of City Facilities a) Notwithstanding the ability to campaign outside of City facilities, campaigning outside of, or within, City Hall, including Carl Zehr Square, is prohibited on the basis that City Hall is the seat of government and its use for campaign purposes could direct ly or indirectly suggest endorsement of a particular candidate or political party. Page 5 of 8 b) Room(s) in City facilities and related resources at City facilities, save and except for rooms and public space at City Hall, may be rented for election campaign-related use, provided full rental charges apply to all room bookings where rental charges appl y, excluding All-Candidate Debates organized as described in the Policy. c) Facility room(s) being used for campaigning purposes will be offered on a first -come, first-served basis, subject to availability. Campaign-related bookings are to be made through Community Services Department staff. d) Re-allocation of any space blocked out for Neighbourhood Associations is not permitted, as this may favour some candidates over others. e) This policy does not apply to City-owned facilities which are operated by arms-length organizations, unless they are used as a voting places for Advance or Election Day voting. f) Any bookings by political organizations outside of a campaign period established by law, are regulated by the normal booking policies of the City-owned facility. 4.4. All-Candidate Debates and Events a) All-Candidate Debates are permitted at any rentable City facility, with the exception of City Hall and Rotunda, provided that every registered candidate for the respective race has been invited, though not all may attend. The sponsor of the debate shall be required to sign the attached declaration (Schedule 36A) indicating they have sent invitations to all registered candidates. The sponsor shall be responsible for any setup or dismantling of the space such that Corporate Resources are not used. b) Fees charged for renting a City facility for an all-candidate debate may be waived if the host organization is an Affiliated Group with the City or a Registered Non -Profit or Charitable Organization. c) Candidates and registered third party advertisers may not campaign and/or distribute campaign literature during any function/event being hosted or sponsored, in whole or in part by the municipality, whether on municipal property or not. 4.5. Communication Channels a) Websites or domain names that are funded by the City of Kitchener may not include any election campaign-related material. The City of Kitchener website election pages will advise the public of registered candidates and third party advertisers and provide contact information for the purposes of providing election information, but shall in no way endorse any candidate or registered third party advertiser. b) As of May 1 in an election year, links to X (formerly Twitter), Facebook, LinkedIn, Instagram, and other social media accounts, as well as links to personal external website(s) will be removed from all City of Kitchener webpages for members of Council. In addition, any web content for a member of Council that is maintained on Page 6 of 8 the City website will be archived and removed from the public domain until a new term of Council begins. City Council contact information for the purpose of performing duties as a Councillor will be maintained on the City website. c) “As of May 1 in an election year, City social media accounts shall no longer tag or reshare content posted by members of Council. d) Communication material created for, or by Members of Council, using City of Kitchener resources must not contain election campaign -related messaging/content in accordance with the Council Expense Reimbursement & Reporting Policy (GOV- COU-025). e) Candidates and registered third party advertisers may not print or distribute any election campaign-related material using City of Kitchener funds, staff, or City of Kitchener print equipment and/or related supplies. 4.6. Use of Corporate Identifiers a) The City of Kitchener’s identifiers including the logo, crest, coat of arms, slogan, Chain of Office, City Hall, Council Chambers and Clock Tower may not be represented in photos, videos or images on any election materials or included on any election campaign-related website as this may be perceived as city endorsement. b) Photographs, videos, graphics or any other communications content captured or produced and owned by the City of Kitchener may not be used for any election purposes, save and except for publicly available photos (e.g. on the City of Kitchener’s website or microsites, or on City of Kitchener social media accounts). 4.7. City Staff and Volunteer Conduct In recognizing the right of individuals to participate in political activity, the provisions set out below ensure the requirement for public service staff, volunteers and appointed member positions to be politically impartial. a) Employees may not canvass or actively work in support of a municipal candidate, registered third party advertiser or political party during normal working hours unless they are on an approved leave of absence without pay, lieu time, flex day, or vacation leave, or during the hours when a Volunteer is contributing time on behalf of the City. b) Staff shall not canvass or actively work in support of a municipal candidate, registered third party advertiser or political party while wearing a uniform, badge, logo or any other item identifying them as an employee of and/or affiliating them with, the C ity of Kitchener, or using a vehicle owned or leased by the City of Kitchener. c) Staff may not use Corporate Resources on behalf of candidates, registered third party advertisers or political parties. 4.8. Complaints Page 7 of 8 a) All complaints related to this policy should be submitted in writing to election@kitchener.ca or by mail to the City of Kitchener at PO Box 1118, Kitchener, ON, N2G 4G7 c/o City Clerk’s Office. Written complaints must set out specific example(s) and corresponding details of how the alleged use of a particular corporate resource may have contravened this policy. 5. Results of Review ☐ No Edits Required ☐ Housekeeping Edits ☒ Substantial Edits ☐ Repeal/Replace 6. Policy History Administrative and Housekeeping Changes Date Nature of Change 2016-06-01 I-226 policy template reformatted to new numbering system and given number ADM-ELE-226 2017-11-14 Policy undated and policy type changed to Administrative approved by CLT Substantial Changes Date Council/CLT Directive 2026-04-13 As Per Council/CLT Directive - Report # COR-2026-133 DECLARATION OF A SPONSOR FOR AN ALL-CANDIDATE DEBATE ADM-ELE-226: USE OF CORPORATE RESOURCES FOR POLITICAL CAMPAIGN PURPOSES I, , the sponsor or representative of the Name sponsoring organization Name of sponsoring organization (if applicable) of the debate to be held on , at, ____________________________ Date Location of the debate Do Solemnly Declare That: 1. (If applicable) I represent the sponsoring organization listed above. 2. Every registered candidate for the respective race(s) for which the debate is being held has been invited. 3. The setup and takedown associated with this debate is not the responsibility of the City of Kitchener or its staff. 4. The debate being sponsored complies with City of Kitchener’s policy ADM-ELE-226: Use of Corporate Resources for Political Campaign Purposes. 5. The debate being sponsored complies with the Municipal Elections Act, 1996 or other applicable legislation as appropriate. And I, make this solemn (print name of sponsor or representative of the sponsoring organization) declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Must be signed in front of a commissioner for taking affidavits. Signature of Sponsor X OFFICE USE ONLY: NO FEE TO COMMISSION Declared before me at the City of Kitchener (municipality where declaration made) of the Region of Waterloo (county, district or regional municipality where declaration made) This day of . 20 . day month year Commissioner for taking Affidavits Signature