January 28, 2025

Earlier today the Premier met with the Lieutenant Governor and requested the dissolution of Ontario’s Legislative Assembly and that writs be issued for a general election to be held February 27, 2025.

Her Honour has issued a proclamation dissolving the Legislature as of 4:00 pm today and in accordance with the Election Act, the election writs for a general election will be issued on Wednesday January 29, 2025.

Effective immediately, the government and the Ontario Public Service will observe the conventions traditionally followed during an election period. This memorandum is a reminder of several key election-related procedures and our responsibilities as public servants during the election period.

This information will also be shared with Chairs and Chief Executive Officers (CEOs) of your agencies, boards and commissions, who have traditionally applied the same rules and procedures to their operations during this period and also with the Premier’s Office.

Role of the Public Service

The Public Service of Ontario Act, 2006 (PSOA) sets out our obligations to provide professional, neutral and non-partisan service. This obligation continues during an election period.

The public service also has an important role to play in overseeing the uninterrupted delivery of programs and services during the election campaign while preparing for a smooth transition for a returning or new government following the election results.

Regardless of the election outcome, there will be a new Parliament – Ontario’s 44th – consisting of both returning and newly elected Members of Provincial Parliament (MPPs). The Lieutenant Governor will also swear in a new Executive Council on the recommendation of the Premier or Premier-elect.

Political Activity Rights and Restrictions

As public servants, the political activity rights and restrictions that apply to you are in Part V of the PSOA. It is important to understand which rules apply to you as well as how the rules apply to you. In this respect all public servants are to refrain from engaging in political activity in the workplace, and to avoid associating their public service position with political activity.

Under the PSOA, public servants are entitled to participate in political activity with some restrictions. Additional restrictions apply to employees who are in the specially restricted class (such as directors, Assistant Deputy Ministers, Deputy Ministers, and some tribunal members).

You are required to comply with the political activity rules set out in the PSOA and any direction your ethics executive gives you. A variety of resources are available on the PSOA Political Activity Rights and Restrictions intranet site to help you understand the rules.

Your Deputy Minister is your ethics executive; please contact them for any questions about the political activity rights and restrictions that apply to you, and notify them if your political activities could conflict with the interests of the Crown.

For any other questions, please contact your manager.

Role of Members of the Legislative Assembly

The Legislative Assembly provides information to all MPPs regarding their rights and obligations as Members of the Assembly during the election period. For example, while Members of Provincial Parliament technically no longer hold office once the Assembly is dissolved for the election, their constituency offices remain open during the election period to support the citizens of these ridings. It is entirely appropriate for the public service to work with your Ministers’ office to support constituency offices with public information in the same professional, non-partisan manner as we would at any other time.

Role of Ministers

Ministers remain members of the Executive Council until the Premier submits, and the Lieutenant Governor accepts, their resignations. Any minister who is not re-elected remains a member 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 are now exercised in accordance with the caretaker role of government. It is our responsibility as public servants to continue to serve them in that capacity. During this period, Ministers exercise care and avoid any perception that they are using their ministerial offices, resources or portfolios for political purposes.

While most government events are postponed during the election period, should any such event be approved to proceed during this time, Ministers and Parliamentary Assistants will be advised not to attend. Other local MPPs or candidates will also not be invited to attend any such events.

In addition, there may be circumstances where a particular situation or protocol requires a Minister’s involvement during the election period. Such circumstances might include a provincial emergency or a national or international event or occurrence where the Premier or Minister are required to exercise their duties. Any such involvement and related activities will need to be cleared in advance with the Premier’s Office in consultation with my Office.  An Election Period Committee has been established to provide advice on how the caretaker convention may operate in these circumstances.

Government Operations During an Election Period

The long-standing caretaker practice in Ontario, consistent with that of the federal government, is that only activities that fall within one or more of the following categories should proceed during an election period:

• Routine
• Non-controversial
• Urgent and in the public interest
• Reversible by a new government without undue cost or disruption
• Agreed to by opposition parties (where consultation is appropriate)

Please see the appendix for key questions that should be used to assess whether ongoing work is consistent with the caretaker role of government. 

During the caretaker period there are generally no new policy or program initiatives, and consultations, appointments, regulatory postings, public engagement, announcements and ministry events are limited. Prior approval to engage in activities does not alone provide authority to continue once the caretaker period has begun.

Further guidelines will be provided to Deputy Ministers on the following:

1. Government communications activities
2. Minister’s correspondence
3. Procurement activity
4. Intergovernmental activity

Cabinet Meetings and the Executive Council

During the election period, Cabinet and committee meetings, including Treasury Board and Management Board of Cabinet, are generally not held, unless required to ensure the continuation of government operations and public services or to address a matter of urgency or public health and safety.

Should circumstances require a decision of Cabinet, the Cabinet 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 election period.

Regulations

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 may require the filing of a regulation during this time, the situation should be discussed with my office well in advance of the caretaker period. Otherwise approved regulations should be held until after the election, at which time a returning or new Minister’s office should be asked for direction. Please keep in mind that unfiled regulations will automatically “expire” four months from the day of approval unless the filing date is extended by the Lieutenant Governor in Council.

Freedom of Information

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 election period.  Your Minister’s office contact should continue to be advised as appropriate.

Preservation of Government Records

Records that were received or created in a Ministry, by a Minister, or in a Minister’s office in connection with the official activities of the government are public records subject to the Archives and Recordkeeping Act, 2006 and the applicable records schedules approved by the Archivist of Ontario. The approved records schedules contain provisions regarding these recordkeeping obligations as they relate to general elections.

Additional guidance on recordkeeping during and after the election period will be provided by the Archivist of Ontario. Your Deputy Minister’s office will work with ministry staff and your Minister’s office to ensure plans are in place to meet these obligations.

Transition Coordination

The Deputy Minister of Policy and Delivery in Cabinet Office will lead the Ontario Public Service Election Period and Transition efforts to ensure readiness for a returning or new government. A Transition Coordination team, led out of Cabinet Office, will provide enterprise-wide coordination and guidance.

A cross ministry Transition Leads Table will also be struck with representatives from each Ministry.

Election Period Committee

An Election Period Committee will provide advice on the activities that may or may not continue or take place during the election period, where more careful consideration of those activities is required. 

The Committee will be made up the Deputy Ministers from the following areas: Cabinet Office Policy and Delivery, Cabinet Office Communications, Treasury Board Secretariat, Ministry of Finance, the Ministry of Public and Business Service Delivery and Procurement and the Ministry of the Attorney General. Additional information will be provided to Deputy Ministers on bringing items forward to this Committee.

Conclusion

The application of the rules and convention outlined in this memo and the preparations undertaken by the public service during this time is an important part of the democratic process. It ensures the public service is in a position to offer our best, non-partisan advice, including following the election, and is an important part of the continuity of government.

I know I can rely on your full support during the coming weeks, and I thank you for your continued service on behalf of the people of Ontario.

Sincerely,

Michelle E. DiEmanuele

Secretary of the Cabinet
Head of the Ontario Public Service

Appendix

Key Questions

In assessing whether ongoing work is consistent with the caretaker role of government, 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 election?
• Have all the necessary policy, funding and human resource approvals been received? 
• Is there a legislative or legal requirement to provide the program or service?
• Do any of the next steps require further political decision or direction?
• Is there any reason why the activity cannot wait?
• Does the program or service need to be communicated to the public?
• Would the work limit or impair the decision-making freedom of a future government?
• Would any future government agree the work was necessary during the writ period?