The Cabinet

Office
Secretary of
the Cabinet


99 Wellesley Street West
6th Floor, Whitney Block
Toronto, Ontario
M7A 1A1
Telephone: (416) 325-7641
Fax: (416) 314-8980

Bureau du Conseil
des ministres
Secrtaire du
Conseil des ministres


99, rue Wellesley ouest
6
e
tage, difice Whitney
Toronto (Ontario)
M7A 1A1
Tlphone : (416) 325-7641
Tlcopieur : (416) 314-8980



May 5, 2014


MEMORANDUM TO: Deputy Ministers

SUBJECT: Public Service Responsibilities and Procedures during the
Election Period


As you know, the Premier announced on Friday that Ontarios 2014 general election will take
place on Thursday, J une 12. As we approach the writ period, which begins on Wednesday,
May 7, this memorandum is a reminder of several key election-related procedures and our
responsibilities as public servants.

I would request that you share this memo with the Chairs of your agencies, boards and
commissions so that they can consider the application of these rules and procedures to their
operations.

The Premiers Chief of Staff has written to Ministers, Parliamentary Assistants and Ministry
Chiefs of Staff to set out their roles and responsibilities.

Role of the Public Service

The public service has an important role to play in overseeing the uninterrupted delivery of
programs and services during an election campaign. We must always be mindful of our
Public Service of Ontario Act obligations to provide professional, neutral and non-partisan
service, and this obligation is never more important than during the election period.

You and your staff will continue to serve your Ministers as members of the Executive Council.
However, much of that activity will now be guided by long-standing principles related to the
caretaker role of government during an election. There may be some items that will require
your personal judgment from time to time. Please feel free to consult my office as the need
arises.

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Government/Cabinet Operations

The caretaker period commenced with the dissolution of the Legislative Assembly on Friday,
May 2 and will continue to the swearing-in of a new or returning government. It is a well-
established tradition that the government addresses only very routine or urgent issues during
this time. The memo from the Premiers Chief of Staff to Ministers, Parliamentary Assistants
and Ministry Chiefs of Staff confirmed the Premiers expectation that this tradition to be
respected.

The caretaker period requires that there be no new policy or program initiatives, and restricts
ongoing work, consultations, announcements and events. Prior approval to engage in these
activities does not provide authority to continue now that the caretaker period has begun.
Except for the normal implementation of routine government services and programs, all
ministry work and communications should be put on hold unless consistent with the caretaker
role of government.

In assessing whether ongoing work is consistent with the caretaker role, ask the following
relevant questions:
Is the proposed work truly routine or urgent?
Is there a potential for the work to be raised as a political issue during the writ period?
Do any of the next steps require further political decision or direction?
Would the work limit or impair the decision-making freedom of a future government?
Would a future government agree the work was necessary during the writ period?

If any of these questions raise issues that you feel require further exploration, please consult
with my office before continuing.

All Cabinet and committee meetings, including Treasury Board and Management Board of
Cabinet, are suspended unless required to ensure the continuation of government operations
and public services during the writ period. Should circumstances requires a decision of
Cabinet, my office will work with the office of the Premier to determine the appropriate steps to
take to convene Cabinet in a manner consistent with the caretaker role.

Regulations should not be filed during the caretaker period even if previously approved by
Cabinet and signed by the Lieutenant Governor. If you believe there are urgent circumstances
that require the filing of a regulation, the situation should be discussed with my office.
Otherwise, approved regulations should now be held until after the election, at which time a
returning or new Ministers office should be asked for direction on filing. Unfiled regulations will
automatically expire four months from the day of approval unless the filing date is extended
by the Lieutenant Governor in Council.



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Communications

Deputy Minister of Communications and Associate Secretary of the Cabinet Lynn Betzner will
forward a communications protocol for the election period to you and your Director of
communications. Your ministry staff should work with their Cabinet Office policy and
communications contacts and staff remaining in your Ministers office to ensure that issues are
managed appropriately.

All government communications are suspended unless related to a recognized activity such
as:
An emergency situation that needs to be communicated to the public, e.g. public
health emergency.
A revenue-generating communication necessary to support a government program,
e.g. Foodland Ontario.
A time-sensitive, statutory, or seasonal communication; or
An Agency Mandate communication necessary to support a scheduled agencys
mandate, such as the LCBO.

Issues management support should continue as usual to ensure your Minister has any
information that may be needed during the election. The Premiers Office has reminded
Ministers, Parliamentary Assistants and Chiefs of Staff that the public service must not support
candidates in an election and that requests for information and support must respect the
neutral, non-partisan role of the public service.

Members of the Assembly

The Legislative Assembly provides information to all MPPs regarding their status as Members
of the Assembly and the rules respecting their Queen's Park and constituency offices and staff
during the election period.

Role of Ministers and Parliamentary Assistants

Ministers remain members of the Executive Council until the Premier submits, and the
Lieutenant Governor accepts, their resignations. Even Ministers who are not re-elected remain
members of the Executive Council until their resignation is submitted to the Lieutenant
Governor. This means that Ministers retain the rights, privileges and responsibilities of their
office during and after an election, although these rights, privileges and responsibilities must
now be exercised in accordance with the caretaker role of government. It is our responsibility
as public servants to continue to serve them in that capacity.

The memo from the Premiers Chief of Staff contains a number of important instructions to
Ministers, Parliamentary Assistants and Chiefs of Staff we need to be aware of.



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Ministers and Parliamentary Assistants have been asked to clear their schedules so they can
be fully engaged in their responsibilities as candidates.

Protocol may require a Ministers attendance at a government event. Any such attendance will
need to be cleared with the Premiers Office to ensure the Minister is not perceived to be using
a government event as a campaign opportunity. In addition, Ministers and Parliamentary
Assistants have been advised that they should not attend government events in their ridings as
former local MPPs, or invite former local MPPs or candidates to attend government events.

Ministers have been advised that their cars and drivers should not be used during the writ
period and have been asked to ensure that their government vehicles are parked in their
reserved parking space and that the keys are given to Executive Transportation Services.
Ministers have also been advised that they cannot use a car or driver from the government
pool during the campaign.

Parliamentary Assistants are appointed by Order-in-Council and technically retain their
positions until the order is revoked. However, Ministers have been asked to make sure that
Parliamentary Assistant assignments or responsibilities are suspended during the election.

Political Staff

Ministers office staffing arrangements have been communicated to all Chiefs of Staff by the
Premiers Office. Political staff have received instruction on their activities during the election
period, including political activity rules and the appropriate use of government resources and
equipment (e.g., computers, photocopiers, blackberries, cell phones, faxes, etc.).

Most Ministers offices maintain only core staff during the election period. You will play an
important role in working with staff remaining in your Ministers offices to support your Ministers
as members of the Executive Council during the election.

Political Activity

The Public Service of Ontario Act sets out specific rules outlining the political activities that are
permissible by Crown employees in all ministries, Ministers offices and public bodies. Special
rules apply in the case of elections.
The Ministry of Government Services will provide information on the political activity guidelines
for Crown employees.
It is important that we respect the political activity rights of all public servants.


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Minister's Correspondence
As set out in Deputy Betzners memorandum, Ministers' correspondence should continue to be
answered during the election period according to quality service standards. In some
circumstances, it may be more appropriate for policy or program-related correspondence to be
answered by a Deputy Minister, Assistant Deputy Minister or program area.

In cases where a Ministers reply is required, an acknowledgement letter should indicate that
the correspondence will be brought to the Minister's attention immediately after the election.

Where appropriate, certain letters can be brought to the attention of your Minister's office
throughout the campaign.

These issues may require a judgment call on your part. Deputy Betzners communications
protocol will provide further guidance on these issues.

Freedom of Information Requests

The statutory obligation to respond to all Freedom of Information and Protection of Privacy Act
requests within 30 days is not altered by an election call. These requests should continue to be
processed as usual during the writ period and you should continue to work with your Ministers
office contact as appropriate.

Preservation of Government Records

Records that were received or created in connection with a Ministers or Parliamentary
Assistants official responsibilities are subject to the Archives and Recordkeeping Act, 2006.
The Premiers Chief of Staff has communicated the importance of managing these records in
accordance with records retention schedules approved by the Archivist of Ontario.

Please work with your Ministers office to ensure they understand their obligations to
administer the requirements of the Archives and Recordkeeping Act, 2006. Staff from the
Archives of Ontario can offer more information and assistance. For assistance please contact:

Heather Clarke
Director, Policy and Planning Branch, Information Privacy and Archives Division
Ministry of Government Services
Tel: (416) 327-1467





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Works of Art on Loan from the Government of Ontario Art Collection

Artwork in Ministers offices is often part of the Government of Ontario Art Collection and is
Crown property. The curator must be informed of any impending changes, moves or
renovations to loan locations. Artworks must not be moved without the approval and
assistance of the curator. The curator can be contacted as follows:

Lani Wilson
Government of Ontario Art Collection
Archives of Ontario
Tel.: 416-327-2808
E-mail: lani.wilson@ontario.ca

Transition Planning

As you know, transition planning is core component of our work during an election period.
Cabinet Office will make relevant tools available to support this work in your own ministries.
William Bromm (416-325-7378) or Steen Hume (416-325-4400) can help you or your staff with
any questions on transition planning.

Cabinet Office will request assistance from your ministries in the preparation and submission of
transition documents required to support the government following the election. My office will
work directly with your office on these requests and I would ask you to pay particular attention
to the due date for these materials.

Please do not hesitate to call me at any time about these matters, especially if you have any
doubt about the interpretation of the advice contained in this memo or its application in specific
circumstances.

Sincerely,


Original Signed By

Peter Wallace


c. Tom Teahen
Mike J ancik
Steen Hume
William Bromm