What happens to the government during an election period?
CHG Consultants have received a lot of questions, from clients, about how the election impacts their advocacy efforts with the government, how government functions during the election period, and when the best time to engage will be. We decided to dive into with some answers and insight.
Different branches of the government have different priorities during the campaign, Members of Provincial Parliaments (MPPs) and political staff will be out campaigning, while civil servants prepare for a transition and what comes next.
Legislative Branch
The Legislative Assembly is dissolved. This means that Members of Provincial Parliament (MPPs) technically no longer hold office. Any unpassed legislation tabled during the previous parliament can not be passed, and if re-tabled in a subsequent parliament will begin the legislative process from the start. Lastly, since government spending is approved by the legislature, no new funding can be approved.
Although MPPs are no longer sitting, constituency offices remain open for case work during the campaign period and can still interact with government officials on non-partisan files to assist with services and previously announced government policy.
Executive Branch
Cabinet Ministers, although not sitting MPPs remain members of the Executive Council, but their duties are exercised within the “caretaker” role of government during the election period.
This means that many executive functions will not occur during an election period, for example, Cabinet typically does not meet during election periods. Additionally, regulations are not filed so no new regulations will come into effect.
Government officials like the Premier may make announcements on the campaign trail, but these are a signal of intent once re-elected and will not be immediately actioned.
As an example, the Premier may signal infrastructure projects that the province would undertake if re-elected, but the Minister of education will not announce approved new school builds.
Civil Service
The Civil Service, including government agencies, will enter into what is known as the “caretaker period.” During the caretaker period, the civil service will not implement new policy or program initiatives. New consultations, appointments, regulatory postings, public engagements, and announcements are limited. Some procurement activities will still occur, but new procurements will be delayed until after the election period unless they are urgent.
The Secretary of Cabinet has indicated that several of the following criteria must be met for an initiative to proceed during the caretaker 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)
During the election period the civil service is also going to focus on developing transition materials to quickly bring a new Minister up to speed in the event that a new Minister is appointed to lead their ministry following the election.
Should we do outreach during the caretaker period?
Outreach to political levels of government is not recommended during the caretaker period. Ministers will be campaigning and their staff will largely be on leaves of absence from their roles for the campaign. The skeleton staff that remain in Minister’s Offices are there to respond to media inquiries and to assist constituency offices in managing case work, but they are unlikely to do work with stakeholders unless it is in relation to a matter that is ongoing and not a net new initiative.
Ministry officials may be reluctant to meet because they will be unsure if the development of that new policy will fall within their new Minister’s mandate. If there is an item that you wish to discuss, ensuring that it fits the criteria listed above will maximize the chances of ministry officials being open to a discussion.
When should we start re-engaging with government?
Following the election, the government will likely appoint a new Cabinet within 2-4 weeks. If the incumbent, Premier Ford, is re-elected, a shorter transition would occur than if a new government is elected.
In the event that a Minister returns to their file, re-engaging with their staff can begin immediately, as the existing staff will likely be staying in their roles, and will have the institutional knowledge to interact with stakeholders and take pro-active action.
If a Minister takes on a new file, a few additional weeks of runway will be necessary to have conversations beyond an introductory level. New Ministers and staff will need to have foundational briefings to be brought up to speed on their files before doing any in-depth meetings with external stakeholders.